Exclusive: A Queensland man has called on the Australian government for help after a “soul-destroying” visa error barred him from flying to the US with his wife to embark on a dream holiday.
David and Julie were preparing for a 26-day cruise leaving in September, with plans to depart from Los Angeles and sail around the Hawaiian islands and French Polynesia.
David and Julie’s holiday to the US and French Polynesia was ruined due to a clerical error. Nine.com.au
The frequent fliers applied for an Electronic System for Travel Authorisation (ESTA) visa waiver in the recommended 72-hour timeframe before their Qantas flight to LA.
An ESTA is valid for two years and allows multiple trips to the US without a visa for stays of 90 days or less.
Having visited the US a number of times before, David had previously been approved for an ESTA without issue.
This time, Julie’s ESTA was approved instantly. David’s, however, was inexplicably denied.
“Julie came straight back, and mine was denied, and that all happened on a Friday afternoon, and of course, you can’t do anything on a weekend,” David told nine.com.au.
“I was just trying to get hold of anyone… because we were supposed to be flying on the Tuesday.”
The fee for an ESTA visa waiver is $40 USD ($58) and most are approved instantly. PA Images via Getty Images
The couple spent over $13,000 booking a holiday to mark their wedding anniversary and David’s 70th birthday.
But without an approved ESTA, David would be denied boarding at the gate on a flight to continental USA or any of its territories.
Their milestone holiday hanging in the balance, David flew to the US Consulate in Sydney for answers.
If an ESTA is denied, travellers can apply for a non-immigrant visa, including a B-2 Visitor Visa.
Australians requiring this visa need to schedule an appointment at a US Consulate.
“It’s probably similar to trying to get into Fort Knox,” David said.
“I got to a security guard, pleaded my case, and all I got was an incorrect email address to lodge my details.
“I was at breakdown stage at that point because Julie and I were supposed to be travelling Tuesday night.”
David was told the next available appointment was in November 2028.
“I have to wait two years just to get an appointment,” he said.
The Queensland couple had booked a dream cruise to mark their wedding anniversary and David’s 70th birthday. Nine.com.au
Aussie travellers returning from US accused of overstaying ESTA visas
The US Customs and Border Protection (CBP) does not give a reason when an ESTA is denied.
David suspects the reason is a clerical error.
Nine.com.au has previously reported on issues faced by Australian passengers who have been accused of illegally overstaying on an ESTA visa waiver.
US immigration appears to have failed to record some outbound passengers on cruises and planes, potentially exposing a hole in the country’s exit checks for foreign nationals.
David requested a record of his and Julie’s travels in and out of the US from the Department of Home Affairs and Trade (DFAT) in Australia.
Julie’s travel history indicated an arrival and departure from the US during a previous trip between September 29 and October 1, 2024.
David’s travel history did not include a departure date on October 1, despite the fact the couple sailed out of the US and arrived back in Australia that month.
According to US immigration records, David overstayed his ESTA.
This triggers a permanent revocation of his eligibility to travel on a visa waiver.
“Julie’s is showing as departed. I’m apparently still there,” David said.
Despite previously successfully applying for an ESTA visa waiver, his application was denied in late September. Supplied
“There’s no entry for my departure from Hawaii, and therefore I think it’s fallen into the ‘overstay’ bin.”
David will need to fix this error with the Department of Homeland Security Traveller Redress Inquiry Program (DHS TRIP) scheme.
Travellers who use this scheme to correct entry issues into the US and are given a reference number to prevent any misidentifications.
However, smooth travel on an ESTA is still not guaranteed under this redress.
Melissa Vincenty, US immigration lawyer and founder of Worldwide Migration Partners, previously told nine.com.au that ESTA visa waivers are issued via a flawed system.
“ESTA travel is a privilege but is also run by AI bots, so any deviation in their data can cause an ESTA to be refused,” Vincenty said.
“Doing a formal visa application gives the applicant a chance to present documents or data to correct their immigration record at the consulate level.”
Future travel plans in limbo
David flew to Papeete to join Julie on the cruise in Tahiti, missing out on 17 days of sailing.
The portion of the cruise he missed is not covered under insurance.
Most travel insurance companies don’t provide cover if a person is unable to travel because they do not have the right visa.
The entire debacle has cost the couple over $17,500 in airfares, accommodation, visa fees and return trips to Sydney.
“We’re not wealthy, and we’ve worked hard for our retirement,” he said.
“But to have it sort of just come crashing down like that through no fault of our own is, you know… it’s soul-destroying.”
David and Julie now fear future travel plans involving US borders will also be impacted.
They have another trip booked for April and May 2027 that requires passing through the country.
They both believe the Australian government should offer better support for citizens impacted by this ESTA error.
“I feel totally frustrated and exasperated,” he added.
“I simply do not know who (or where) to seek guidance.”
Nine.com.au has contacted the US Customers and Border Protection (CBP), the Australian Department of Home Affairs and Trade (DFAT) and the US Embassy for comment.