HELP! EBTA cruisers, didn't leave the country?

[AquaDame]

We also called DHS again to ask about the time it takes them to get back to us (being much longer then the 6 days we have). They said we’d just have to wait. They can’t process it over the phone. But our overstaying will be cleared once they’ve processed the proof I send (have you ever send your holiday pics to an US government agency? I now have). For some reason that isn’t the reputation DHS has, so I struggle to trust on that.

Until the ink has dried on the forms and you are able to enter the US again without issue I would be suspicious. It's sad how nonchalant they can be when they mess up and yet hard on us if anything goes wrong.

I insisted on getting one of our visas reissued last week for an upcoming trip as there was white out over the date. I could just see them thinking how suspicious that was and using it as an excuse to deny us. Sure enough when I brought it up with the issuing gov they immediately bent over backwards to right it because of course that would happen if we show up with WHITE OUT on a VISA. And yet they sent it to us like that as if there was no problem. It's not nearly as awful as what you are going through, but I feel you.

 

[KashasMom]

What happens if you show up at the U.S. embassy and demand to have your visit put on your file so it's clear you are not in the U.S.?

Demand??

Anything that comes across as threatening will have you escorted out faster than you can say Mickey Mouse.

 

[FigmentSpark]

Do you have anything that would prove you are not in the U.S. right now? Like a signed bill that's dated and paid in person? Better yet, any chance you got a stamp in your home country when you returned?

 

[FigmentSpark]

Demand??

Anything that comes across as threatening will have you escorted out faster than you can say Mickey Mouse.

lol - that's the word you use when you're typing a response and the kids are fighting in the next room and a little part of you is hoping, just hoping for the extra 30 seconds to finish typing before you have to break them up.

 

[lilsonicfan]

We had our passports stamped in Lisbon (well - technically before Lisbon, but dated as the date in Lisbon) right before we got them back, I assume the European folks did too, but I'm not sure that does much to assist Our stamps are very faint.

 

[FigmentSpark]

Well, that's something that can be used as proof. I'd send a copy of that with the vacation photos.

 

[olafLover]

We had our passports stamped in Lisbon (well - technically before Lisbon, but dated as the date in Lisbon) right before we got them back, I assume the European folks did too, but I'm not sure that does much to assist Our stamps are very faint.

No we didn’t, because we’re European citizens and we can move around Europe without a passport, our passports don’t get stamped when we enter the EU.
We have boarding passes of our flight from Barcelona to Amsterdam (send them those too of course) and we have plenty of receipts of stuff we bought by debit card (same card that has been used in the US). Pictures with date stamps and GPS location. We have loads, but where to start and get them to process it? So I send one picture of each of us will on board the cruise (taken by phone, so with date and GPS stamp), of picture in Barcelona and the boarding passes

 

[Karin1984]

I would stick to the most important evidence, your boarding passes to Amsterdam. I will DM you something additional I might be able to help you with.

 

[olafLover]

I would stick to the most important evidence, your boarding passes to Amsterdam. I will DM you something additional I might be able to help you with.

Great, thanks! Well, they are digital, not sure if it's better, but I doubt it, but they'll stay in our Apple Wallet for ever now...

ETA I think the bank statement which has the same card being used in the US and the Netherlands is also pretty solid, but I'm afraid we don't have that for the both of us. My husband always lets me pay when we're out together (with our joint account), so I doubt his card was used in the US

 

[JW9DVC]

You are ok, its an easy misunderstanding. Not like you are climbing fences and breaking laws.

Fill the forms out, mail them off. Good to go.

 

[BadPinkTink]

this is actually very serious and very worrying, especially in this current political climate. USA Department of Homelands Security and ICE are taking a very hard line with people who over stay their tourist visas.

For many Europeans, the only way to move to America is to go on a tourist visa and over stay. There are thousand of Europeans living in America who have overstayed their tourist visas. There is a high profile case at the moment of an Irish man who went to America on a tourist Visa , married an American woman, and has been in America for the last 12 years. His children were born in America, he has a social security number, and has a business. He was arrested by ICE and his case in ongoing.

The ESTA tourist visa terms and conditions are very strict and if you overstayed or have been denied , thats it FOREVER. You will not be allowed in the USA for the rest of your life.

I am booked on DCL for a European cruise in 2020, and I have been thinking about doing one of the American cruises in a few years time. But now I wont, I will not take the risk of DCL, the port or their agent or who ever messing up the paperwork and putting my eligibility to visit America at risk.

 

[olafLover]

this is actually very serious and very worrying, especially in this current political climate. USA Department of Homelands Security and ICE are taking a very hard line with people who over stay their tourist visas.

For many Europeans, the only way to move to America is to go on a tourist visa and over stay. There are thousand of Europeans living in America who have overstayed their tourist visas. There is a high profile case at the moment of an Irish man who went to America on a tourist Visa , married an American woman, and has been in America for the last 12 years. His children were born in America, he has a social security number, and has a business. He was arrested by ICE and his case in ongoing.

The ESTA tourist visa terms and conditions are very strict and if you overstayed or have been denied , thats it FOREVER. You will not be allowed in the USA for the rest of your life.

I am booked on DCL for a European cruise in 2020, and I have been thinking about doing one of the American cruises in a few years time. But now I wont, I will not take the risk of DCL, the port or their agent or who ever messing up the paperwork and putting my eligibility to visit America at risk.

I think the issue is with the transatlantic one, if you take a US cruise and you leave by plane, there isn't that much they can do wrong. That's actually what my current educated guess is of what happened. The Magic had been doing round trips for a while and somebody wasn't paying attention that this was the transatlantic and it should be processed differently.
That said, if this doesn't get resolved, I guess we'll have to cancel our placeholder, because we bought it to do the Panama cruise in 2021 and that would be out of the question (also returning to our honeymoon location in Hawaii would be)

 

[Lisa F]

Are there attorneys who deal with this kind of a thing? It seems to me that if there is someone who knows the system it might be worth it to pay to have them deal with it. You can't be the only one who has had this problem before.

Good luck, what a nightmare.

 

[BadPinkTink]

I just had another thought, all the babies children and teenagers who did the cruise and are affected by this, if it's not sorted , will have an over stay on their record for the rest of their life. That means that they will never be allowed into the USA.

The more I think about it, the more serious it gets. I'm sure media would be interested in this story, someone should consider contacting a journalist or newspaper

 

[Keels]

I would definitely keep hounding DCL about this, because even though it ultimately is up to the Port of Miami to file paperwork to clear the ship for departure, DCL is also on the hook to show that their ship was paperwork-prepared to depart for the itinerary AND to clear Immigration at EVERY port that they charged fees for - hence your port fees. DCL has to provide the paperwork to the Port of Miami and US Immigration to show the departure manifest for your ship.

Regardless of whether they're closed-loop or point-to-point, the ship as a whole clears Immigration in every foreign port first, and then after that it is up to the country whether or not individuals need to clear immigration once on land with a specific travel visa (Cuba is my most recent experience with a required visitor Visa and passport check once off the ship).

You should be on the departure manifest out of Port of Miami with a passport scan with DCL - they're the ones that cleared you to board, and then DCL ultimately cleared you to debark at the end of the cruise.

This is definitely a DCL problem and for them to say otherwise and offer no assistance is ridiculous.

 

[olafLover]

Are there attorneys who deal with this kind of a thing? It seems to me that if there is someone who knows the system it might be worth it to pay to have them deal with it. You can't be the only one who has had this problem before.

Good luck, what a nightmare.

The only ones I seem to find deal with permanent residency visa issues

I just had another thought, all the babies children and teenagers who did the cruise and are affected by this, if it's not sorted , will have an over stay on their record for the rest of their life. That means that they will never be allowed into the USA.

The more I think about it, the more serious it gets. I'm sure media would be interested in this story, someone should consider contacting a journalist or newspaper

Well yes, I just informed an UK DVC owner who wasn't aware yet, but was on the cruise with his little daughter.

I really don't understand why it would be so difficult to reprocess what went wrong

 

[KashasMom]

The only ones I seem to find deal with permanent residency visa issues


Well yes, I just informed an UK DVC owner who wasn't aware yet, but was on the cruise with his little daughter.

I really don't understand why it would be so difficult to reprocess what went wrong

I CANNOT believe that Disney has not notified everyone who would have been affected. This is NOT a joke.

Re Boarding passes mentioned above. You can have boarding passes and NOT be on the plane so not sure how much weight they would have. However, with all of the proof you have that should be enough. Key is getting to the right person/agency who can actually DO something for you.

 

[olafLover]

I CANNOT believe that Disney has not notified everyone who would have been affected. This is NOT a joke.

Re Boarding passes mentioned above. You can have boarding passes and NOT be on the plane so not sure how much weight they would have. However, with all of the proof you have that should be enough. Key is getting to the right person/agency who can actually DO something for you.

No, Disney hasn't notified anybody, just now one person said, didn't get the e-mail, so we're ok. Had to stress him to check with the I94 site. One family only got one e-mail for 3 people, non of whom have a departure date on record.

I just got word from my TA. Disney asked her to make sure I got into contact with them myself too (already did, but I'm really surprised by this, doesn't Disney hold of on direct contact if you've booked with a TA?). She says they're really calm and she takes that as a good sign. The amount of times they stressed to us on the phone they don't think there's anything they can do, but they're looking into it, gives me a whole different feeling.

Not sure how I'll handle it if it really comes down to waiting 4 weeks for the DHS to evaluate our proof, it's eating me up. Maybe I should to accept we'll never be allowed in the US and then it'll be a positive surprise if it does get fixed

 

[olafLover]

Apparently Disney is picking up the ball. Somebody else called today and this is what they said:
They are aware of the issue and have contacted immigration who is sorting it, they say not to worry and it will be sorted in a few days

Which sounds a whole lot different then, it's a government issue, we probably can't do anything

 

[T & R]

I would just bite the bullet and do a round trip in and out of the USA. Norwegian Air has a round trip flight from AMS to JFK on 07/28 returning 07/29 for $1369.00USD. It would not be ideal losing $1400 bucks but it's better than losing out on never being able to return to the U.S. or missing an upcoming DCL cruise.