ESTA application status stuck at "Authorization Pending". What can I do?
- By
- Aparna Patel
- |
- 27 Jul, 2023
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Given the circumstances of your application and the recent change of US law, I think it is most likely that your ESTA application has landed on someone’s desk for review by a human being.
The new law makes people who have visited Iraq since 2011 ineligible for an ESTA, with some exceptions. I think it is most likely that someone is meant to determine whether you qualify for one of the exceptions.
Under the new law, the Secretary of Homeland Security may waive these restrictions if he determines that such a waiver is in the law enforcement or national security interests of the United States. Such waivers will be granted only on a case-by-case basis. As a general matter, categories of travelers who may be eligible for a waiver include:
- Individuals who traveled to Iran, Iraq, Sudan or Syria on behalf of international organizations, regional organizations, and sub-national governments on official duty;
- Individuals who traveled to Iran, Iraq, Sudan or Syria on behalf of a humanitarian NGO on official duty; and
- Individuals who traveled to Iran, Iraq, Sudan or Syria as a journalist for reporting purposes;
- Individuals who traveled to Iran for legitimate business-related purposes following the conclusion of the Joint Comprehensive Plan of Action (July 14, 2015); and
- Individuals who have traveled to Iraq for legitimate business-related purposes.
Is being a lecturer a legitimate business-related purpose? It might be, or it might not be. This seems to me to be the most likely thing holding up your application.
The obvious thing to do is to wait. But if your travel date is fast approaching, there might be some things you can try:
- Some people have reported that when they tried to apply for a new ESTA with one already pending, they received an error message stating that they already had an approved ESTA, and upon checking, their pending ESTA application had changed to approved.
- Travel to the US by land does not require an ESTA. So you might fly to Canada and enter the US by land. If your application remains pending when you must travel, this may be an option. You may also end up having to explain the whole story to Canadian immigration, which could be a problem. Or if you’re going to the southwest US, TIJ airport (Tijuana, Mexico) is a possibility, since you can literally walk into the US from within the airport. I wouldn’t try this if your ESTA is denied before you travel, though.
- Contact a US immigration lawyer. This will probably be expensive and time consuming, but if you really need this resolved, then this should be at the top of your to-do list.
- Have a member of the US Congress intervene. An American must make this request on your behalf.
- Obtain a normal B1/B2 visa. It could be difficult to obtain one in time for your trip, but once you have it, you don’t have to worry about this again for ten years. Hopefully enough time for the US to reintroduce some sanity to this program.
Credit:stackoverflow.com‘