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Getting ESTA after flagpoling

little_apple

Hero Member
Jun 11, 2013
824
11
124
Calgary
Category........
Visa Office......
Vienna/Austria
Job Offer........
Pre-Assessed..
App. Filed.......
April 20, 2013
Doc's Request.
June 4, 2013 & February 18, 2014
AOR Received.
May 5, 2013
File Transfer...
May 27, 2013
Med's Done....
April 4, 2013
Interview........
waived
Passport Req..
exempt
VISA ISSUED...
April 17, 2014
LANDED..........
in Calgary since March 29, 2012. Landed as PR May 3, 2014
So, I'm filling out my ESTA application because I have a layover in the States on my way to Central America.

One of the questions is: Have you ever been denied a U.S. visa you applied for with your current or previous passport, or have you ever been refused admission to the United States or withdrawn your application for admission at a U.S. port of entry?

I flagpoled to become a PR therefor withdrew my application for admission. Am I in trouble now? If I choose "YES" do I still get my ESTA or do I have to apply for a visa? I'm leaving in 3 weeks and didn't know that I might be in trouble because of flagpoling
 

little_apple

Hero Member
Jun 11, 2013
824
11
124
Calgary
Category........
Visa Office......
Vienna/Austria
Job Offer........
Pre-Assessed..
App. Filed.......
April 20, 2013
Doc's Request.
June 4, 2013 & February 18, 2014
AOR Received.
May 5, 2013
File Transfer...
May 27, 2013
Med's Done....
April 4, 2013
Interview........
waived
Passport Req..
exempt
VISA ISSUED...
April 17, 2014
LANDED..........
in Calgary since March 29, 2012. Landed as PR May 3, 2014
I chose "NO" and got approved so I hope I won't be in trouble
 

Kayaker

Hero Member
Aug 4, 2013
679
50
Category........
Visa Office......
Manila
Job Offer........
Pre-Assessed..
App. Filed.......
05-02-2014
AOR Received.
04-03-2014
Med's Done....
08-11-2013
VISA ISSUED...
29-09-2014
LANDED..........
11-10-2014
Hopefully it's no big deal! (I didn't flagpole, I went in the US for a few hours so I don't know myself.)

Let us know how it goes at the US, later when you have time!
 

Aussam

Star Member
Jan 14, 2014
135
2
Category........
Visa Office......
Mississauga
Job Offer........
Pre-Assessed..
App. Filed.......
17-06-2014
Doc's Request.
05-08-2014
AOR Received.
08-08-2014
File Transfer...
In Process as of 15-09-2014
Med's Done....
11-06-2014
Interview........
waived
Passport Req..
17-11-2014
VISA ISSUED...
28-11-2014
LANDED..........
29-11-2014
little_apple said:
So, I'm filling out my ESTA application because I have a layover in the States on my way to Central America.

One of the questions is: Have you ever been denied a U.S. visa you applied for with your current or previous passport, or have you ever been refused admission to the United States or withdrawn your application for admission at a U.S. port of entry?

I flagpoled to become a PR therefor withdrew my application for admission. Am I in trouble now? If I choose "YES" do I still get my ESTA or do I have to apply for a visa? I'm leaving in 3 weeks and didn't know that I might be in trouble because of flagpoling
No, because technically you're not entering the U.S
It's just a formality that you get "rejected" and it won't be on record.
 

canuck_in_uk

VIP Member
May 4, 2012
31,548
7,210
Visa Office......
London
App. Filed.......
06/12
little_apple said:
I chose "NO" and got approved so I hope I won't be in trouble
That was the correct answer. Several forum members have queried US immigration on this when flagpoling and were all told that it doesn't count as an official refusal or withdrawal.
 

Vitesze

Hero Member
Dec 15, 2017
631
343
I really wish the US Border Security would just stop doing this. I had to activate my IEC Work Permit in March, and the US Border Officer told me to flagpole - I asked him if it would have any implications to my admissibility in the future, and he said no.

Today, I had to apply for an ESTA for vacation travel (transit through US airport). The application form clearly states "...or withdrawn your application for admission at a U.S. port of entry" - which technically, a flagpole should be. But fortunately I came across this topic before my ESTA application was reviewed, so I re-submitted it and this time answering "No" for the question. Approved pretty much instantly, but I was close to having an ESTA rejected and needing a visa.
 
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Vitesze

Hero Member
Dec 15, 2017
631
343
I just wanted to share my experience:

I had previously flagpoled to activate my Canadian work permit and my passport contains a stamp that reads "Application withdrawn - Flagpole". Initially (see previous post) I answered "No", but I've spent a lot of money on my vacation, transiting through the US, and the possibility of them finding out at the border and denying me entry kept haunting me (my Plan B would be a B1/2 or C1 visa). So I decided to resubmit my application and answer "Yes" to the following question.

"Have you ever been denied a U.S. visa you applied for with your current or previous passport, or have you ever been refused admission to the United States or withdrawn your application for admission at a U.S. port of entry?"

I listed the date, and for the "Where" box, I wrote "FLAGPOLE to have Canadian Work Permit issued - [location I flagpoled]". After about 18 hours, they approved my ESTA application. So it appears that responding with "Yes" to this question is totally fine - but be sure to specify that it was for flagpoling, as the question is broad and there's a lot of potential reasons one may reply "Yes" to it.

If you're nonetheless unsure, call 202-344-3710, which is the ESTA department of Homeland Security. This is the only official contact who will be able to provide accurate answers to ESTA inquiries.