# U.S. Esta or Visa



## kitki (Sep 11, 2015)

I have spent hours reading up on Internet and on this forum and I am none the wiser after I have had 2 ESTAs not authorised any advice would be gratefully accepted.

I am diagnosed as bipolar and have been sectioned under mental health act the last time in 2009 remaining well ever since. I am Irish living in the UK for 26 years. 

I travelled to the USA in 2010 with an authorised ESTA ticking no in Mental health question box.

A month ago I applied for an ESTA in my maiden name ticking yes in mental health box, my ESTA was not authorised.

Last week I reapplied for ESTA having got an updated passport in my married name ticking no in mental health box, my ESTA was not authorised.

From what I can gather I have 2 options and would like to know my chances of success in either route:

1)Apply for a visitor visa for a trip in December

2) Cancel the trip and wait a couple of years then reapply for an ESTA ticking no in mental health box, are ESTA's which are not authorised archived?


Thank you


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## Pickman's model (Sep 11, 2015)

perhaps the consular services at the united states embassy can offer a definitive response.


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## Pingu (Sep 12, 2015)

an unusual and novel approach there Pickman's model but I sense it might just work


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## kitki (Sep 12, 2015)

unfortunately it says on their website 


We do not pre-adjudicate visa applications and, therefore, cannot advise you of the likely outcome of any future application;  
_We will not answer questions concerning your eligibility to apply for visa._
_I have though of getting legal advice also and contacted a few places but they are looking at £300+ just for a consultation_


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## sim667 (Sep 14, 2015)

kitki said:


> unfortunately it says on their website
> 
> 
> We do not pre-adjudicate visa applications and, therefore, cannot advise you of the likely outcome of any future application;
> ...



You can ask them why you were turned down for an ESTA though.


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## AE9876 (Jan 25, 2016)

I am looking into this issue and came across your thread.  It is a shame you decided to tick yes after receiving an ESTA in the past.  I don't know what you did in the end but I would advocate taking legal advice as by ticking no in the first place then ticking yes on subsequent ones would potentially flag you up as lying at some point.  Marriage, divorce and remarriage does not change your identity that is easily checkable as the UK passport office would have all records on your changes to your passport due to marital status.   Having received an ESTA approval and entering USA under VWP, I would have thought would have given you the confidence to do this again and having entered once and left without issue, it would probably have helped smooth through subsequent applications.  The US Consulate advise the following:

*Travelers who have been afflicted with a disease of public health significance, a mental disorder or drug addicts / abusers*
Travelers to the United States who have been afflicted with a disease of public health significance, a mental disorder which is associated with a display of harmful behavior, or are a drug abuser or addict, are not eligible to travel visa free under the Visa Waiver Program. They are required to apply for B-1 or B-2 visas.

Note:Travelers with mental illnesses can travel visa free under the VWP provided that their condition does not render them a danger to themselves or others. They may wish to carry letter from their doctor to that effect to facilitate their entry into the United States.

----------------------------------------

So mental illness will not stop you entering USA under VWP.  Also applying directly for the visa will not mean you do not get in either.  I think the issue for you now is that you selected different answers and under different names which has flagged up a concern on their system.

Best wishes and good luck with it though.  Hope it all worked out.


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## LeslieB (Feb 6, 2016)

US immigration are ridiculously picky and often won't give a reason why people are turned down, even when the media become involved.

Sorry for the Daily Fail link, this was recently featured on BBC TV as well British schoolboy, 8, barred from the US as possible security threat


The only answer is for people to stop going there. Until visitor numbers fall they will continue to behave like this.


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## Supine (Feb 6, 2016)

Fuck USA and go somewhere better 

(brixton)


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## bi0boy (Feb 6, 2016)

You could probably walk across from Canada uninterrogated without too much trouble


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## DaveC (Feb 17, 2016)

Please go to the nearest US Embassy fill in the form on line fill in wherever necessary, bring Doctors letter with you for interview. Am sure you will find a sympathetic ear. They really have heard it all and are not the monsters portrayed on these Forums. Am sure you will get a Visa. Having gone the ESTA route and been turned down it is the only option but dont let that stop you.


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