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

[FSU Girl]

Disney says it's up to the port of Miami and they dropped the ball. There is nothing they can do

I don't think its okay that Disney isn't trying to help you at all. You should call them back and ask to speak to someone higher up.

 

[olafLover]

I am a little confused did Disney drop the ball or did the port of Miami drop the ball.

I just discussed it with my dad who sails on large (dredging) ships. Probably the shipping agent Disney used dropped the ball. But we don’t know who that is and Disney does.
I never bought anything or had an agreement with the port of Miami or paid them port fees. I do with Disney and I paid my port fees to them.
But most of all, since it seems to be an entire ship, is it really necessary for each of them to get a case started individually or could Disney get the ball rolling more easily for everybody then we can?

 

[olafLover]

Called the border patrol of the port of Miami, they only handle immigration...
But his advise to keep to proof to use that when you try to re-enter..

 

[tvguy]

I am a little confused did Disney drop the ball or did the port of Miami drop the ball.

U.S. Customs Dropped the ball.

 

[Lilsia]

Would it be easier to ask for an extension on your visa?

 

[71 Truck]

Okay I understand it better now. I wish you the best of luck getting this resolved.

 

[SirDuff]

Maybe ask for advice on FlyerTalk? I know this isn't from flying but (a) they do talk about cruise travel and (b) a lot of people on that forum travel a lot! Maybe the information forum? https://www.flyertalk.com/forum/information-desk-730/

I've run into issues going into/out of Europe since I have both a national passport and a UN passport, but nothing more than the passport control agent asking to see the other passport (I do also have "right-of-abode" in Schengen.

 

[Karin1984]

Would it be easier to ask for an extension on your visa?

From Europe, you can visit the US for 90 days without any problem, and then leave. The only thing you need is to have an ESTA, which is an electronic visa. You fill the form in online, pay $18 and get access. This is what most tourists use, as most holidays only take a few weeks.
If you stay longer, you have to go to the embassy to request a visa that gives you access for a longer time. You have to do an interview, fill in forms, proof of financial stability etc. The application process can take a week or longer.

If after the 90 days they don't see you have left yet, you get into the situation the OP is in now. Not a problem if she never travels to the US again, but if she wants to go to the US, then she needs to have this sorted. One of the questions you have to answer when applying for the 90-day ESTA visa is if you were ever longer in the US than the visa you had allowed.

 

[AquaDame]

Called the border patrol of the port of Miami, they only handle immigration...
But his advise to keep to proof to use that when you try to re-enter..

Thats... yeah no. What happens if they deny you? No one wants to start a trip with that over their heads! Does your TA have any further recommendations? Can't the port of Miami find the passenger list and just submit it now?

 

[tankin]

@olafLover Have you tried calling the US Embassy? I'm sure this isn't the first time that there's been an issue with a block not getting checked right on an ESTA. They may have someone that can at least tell you the procedure to go through to prove you didn't overstay the visa.

 

[tankin]

@olafLover I dug around on the CBP website and found this page (https://help.cbp.gov/app/answers/detail/a_id/1132/kw/esta). From that, it looks like they wouldn't have tracked you leaving if you left through Canada by ground.

Have you tried just renewing you ESTA?

 

[SirDuff]

@olafLover I dug around on the CBP website and found this page (https://help.cbp.gov/app/answers/detail/a_id/1132/kw/esta). From that, it looks like they wouldn't have tracked you leaving if you left through Canada by ground.

Have you tried just renewing you ESTA?

It says you don't need an ESTA, not that they don't track you. The I-94W form tracks you. When I lived in the US, I could use my I-94 number (I was there on TN status, so had my I-94 paperwork, but anyone can ask for their number) and track all my exits and entries.

 

[olafLover]

@olafLover I dug around on the CBP website and found this page (https://help.cbp.gov/app/answers/detail/a_id/1132/kw/esta). From that, it looks like they wouldn't have tracked you leaving if you left through Canada by ground.

Have you tried just renewing you ESTA?

We actually left through Canada by ground before on this ESTA and that departure is there

 

[FigmentSpark]

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.?

 

[olafLover]

So it seems Disney woke up (probably due to a lot of people calling) and they are looking into it now. They still say it’s a government issue, so they don’t know how much they can do, but at least they’re trying.
With me walking as many paths as possible to get this resolved, I now have three ways Disney is going to contact me about it. (Never had my web form question answered (well, a reply) so quickly)

 

[olafLover]

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.?

Considered this, but I’m not sure how close we’ll get without an appointment

 

[olafLover]

Thats... yeah no. What happens if they deny you? No one wants to start a trip with that over their heads! Does your TA have any further recommendations? Can't the port of Miami find the passenger list and just submit it now?

My thought exactly... if they deny us, we can really ever enter again, because having been denied once is a reason to deny you

 

[Karin1984]

Considered this, but I’m not sure how close we’ll get without an appointment

I would just give them a call tomorrow. I once had to be at the NL embassy in London during a holiday, and they had some kind of 'visiting hours' (lack of a better word). There was some wait with a family in front of us with a passport problem, but as long as you were in line before the visiting hours were over.

Other idea, call the NL embassy in the US, and see how they can help. Technically you are now a NL citizen with a problem in the US.

Call both NL embassy over there, and US embassy over here. Just to cover all possible grounds.

 

[olafLover]

Yes, we already called the Dutch embassy (or their department in Miami) and there was nothing they could do, as it’s up to DHS. Asked about the US embassy here and they didn’t think they would be able to do anything either

 

[olafLover]

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.