News Update - November 14, 2009

By Alan Lee, Esq.^†‡

When Completing Electronic System for Travel Authorization (ESTA) Forms, All 221(g) Notices Count as Visa Denial

According to the U.S. Customs and Border Patrol (CBP) and the Department of State, travelers from Visa Waiver countries have to fill out ESTA forms before they depart for the U.S. Anyone who has received a 221(g) notice in the mail must answer “yes” to the question “Have you ever been denied a U.S. visa or entry to the U.S. or had a U.S. visa canceled?” This applies even if the 221(g) notice was for additional evidence or further review. A detailed explanation of the reason you were issued a 221(g) notice should be given in the space provided. Failure to accurately answer may lead to denied entry or accusations of fraud. ESTA applications are online at www.cbp.gov/esta. Decisions are usually made within 72 hours. Case status can be checked online. If there is no decision after 72 hours, it may be necessary to reapply.

             Visa Waiver Countries:

† The author is a 26+ year practitioner of immigration law based in New York City. He was awarded the Sidney A. Levine prize for best legal writing at the Cleveland-Marshall College of Law in 1977 and has written extensively on immigration over the past years for the ethnic newspapers, World Journal, Sing Tao, Pakistan Calling, Muhasha and OCS. He has testified as an expert on immigration in civil court proceedings and was recognized by the Taiwan government in 1985 for his work protecting human rights. His article, "The Bush Temporary Worker Proposal and Comparative Pending Legislation: an Analysis" was Interpreter Releases' cover display article at the American Immigration Lawyers Association annual conference in 2004, and his victory in the Second Circuit Court of Appeals in a case of first impression nationwide, Firstland International v. INS, successfully challenged INS' policy of over 40 years of revoking approved immigrant visa petitions under a nebulous standard of proof. Its value as precedent, however, was short-lived as it was specifically targeted by the Administration in the Intelligence Reform Act of 2004.

‡ This article © 2009 Alan Lee, Esq.

Copyright © 2003-2012 Alan Lee, Esq.
The information provided here is of a general nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of the Law Office of Alan Lee or establish an attorney-client relationship.