TUI Overstay USA

andrea150684

Hi. 
I wonder if someone can help me. On 10/01/24 I applied for an ESTA for a upcoming holiday in the USA for me and my family. My husband and children's ESTAs were approved, but mine was not. I have been wondering why mine would not be approved and after some advice from an Orlando group I'm in, I found out that my departure status had not been updated and so I have an I-94 outstanding! We had travelled to Florida in 2019 with TUI, no issues etc, but it appears when we departed, my details were not updated, but my husbands and children's were and so I'm classed as an overstayer. I've heard TUI do this a lot, and my question is if I can't get this rectified and have to get a VISA, should TUI compensate me since I am flying with them again to the same destination in July and if I can't fly in July (because VISA doesn't come through in time) then should I have to pay to change my holiday. It's causing me and my family a lot of stress and would appreciate some advice. 
Thanks in advance
 

daveyjp

This happens with cruise ship passengers as they may not go through customs on the final port visit or the process isn't completed correctly by US port/crusie company.

Call TUI, explain the situation and they should be able to assist as you won't be the first with this issue.

This link may also help.

https://i94.cbp.dhs.gov/I94/#/home

MattMattMattUK

andrea150684 said:

Hi. 
I wonder if someone can help me. On 10/01/24 I applied for an ESTA for a upcoming holiday in the USA for me and my family. My husband and children's ESTAs were approved, but mine was not. I have been wondering why mine would not be approved and after some advice from an Orlando group I'm in, I found out that my departure status had not been updated and so I have an I-94 outstanding! We had travelled to Florida in 2019 with TUI, no issues etc, but it appears when we departed, my details were not updated, but my husbands and children's were and so I'm classed as an overstayer. I've heard TUI do this a lot, and my question is if I can't get this rectified and have to get a VISA,

I think you will need to contact US embassy, with possible with your previous flight details and pointing out that you are in the UK and left on your flight. Was there a "next step" in the ESTA decline email?

andrea150684 said:

should TUI compensate me since I am flying with them again to the same destination in July and if I can't fly in July (because VISA doesn't come through in time) then should I have to pay to change my holiday. It's causing me and my family a lot of stress and would appreciate some advice. 
Thanks in advance

In theory visas and/or entry requirements are entirely down to you, so I suspect not, they would also state you should not have booked without the correct entry requirements. You might also have to obtain a visa. I would ring the US embassy and ask what they advise. 
https://uk.usembassy.gov/visas/nonimmigrant-visas/

andrea150684

Thanks. I I’m in contact with US customers and borders and they have said it’s TUIs responsibility to submit the information and they now need to resubmit the information showing I departed, like they did with my husband and children. I’ve been in touch with TUI and now waiting for them to come back to me. Fingers crossed I can get this sorted, but yes if not will have to obtain a VISA.

CKhalvashi

MattMattMattUK said:

andrea150684 said:

Hi. 
I wonder if someone can help me. On 10/01/24 I applied for an ESTA for a upcoming holiday in the USA for me and my family. My husband and children's ESTAs were approved, but mine was not. I have been wondering why mine would not be approved and after some advice from an Orlando group I'm in, I found out that my departure status had not been updated and so I have an I-94 outstanding! We had travelled to Florida in 2019 with TUI, no issues etc, but it appears when we departed, my details were not updated, but my husbands and children's were and so I'm classed as an overstayer. I've heard TUI do this a lot, and my question is if I can't get this rectified and have to get a VISA,

I think you will need to contact US embassy, with possible with your previous flight details and pointing out that you are in the UK and left on your flight. Was there a "next step" in the ESTA decline email?

andrea150684 said:

should TUI compensate me since I am flying with them again to the same destination in July and if I can't fly in July (because VISA doesn't come through in time) then should I have to pay to change my holiday. It's causing me and my family a lot of stress and would appreciate some advice. 
Thanks in advance

In theory visas and/or entry requirements are entirely down to you, so I suspect not, they would also state you should not have booked without the correct entry requirements. You might also have to obtain a visa. I would ring the US embassy and ask what they advise. 
https://uk.usembassy.gov/visas/nonimmigrant-visas/

If a visa is required, a (Ukrainian passport holder, I'm unaware if this applies to the UK passports) friend, resident in UK was able to get an appointment in Warsaw for a visa within a few weeks last summer. She had requested to expedite but was refused in UK and was attending on a visa for work and tourism (professional musician for a professional course, but also performing at a few paid events, so not the visa you will need).

Belfast may be the only option to you (assuming a British passport) in this case, but is generally quick compared to London.