An Australian couple, Wayne and Carol Burley, both in their 70s, faced a distressing situation during their cruise holiday that commenced in April this year. After visiting Australia, New Zealand, and Tahiti, their journey took a turn when they arrived in Hawaii. US immigration officials boarded their ship to conduct standard visa checks but unexpectedly flagged the Burleys’ Electronic System for Travel Authorisation (ESTA), stating they had overstayed their previous visa by more than a thousand days—a claim that astonished the couple since their last visit to the US was nearly nine years prior.
Despite the couple’s protests and evidence that they had boarded the cruise from Sydney, the immigration officer confirmed that their ESTAs were cancelled, and they would need to apply for a B2 visitor visa. This visa came with a significant restriction; the officer warned that if they attempted to leave and re-enter the US, they would be detained. Consequently, the Burleys were forced to cancel the next leg of their cruise from Los Angeles to Panama, incurring a loss of over $12,000.
The situation has left Wayne and Carol anxious about the possibility of facing further complications if they attempt to travel to the US again, fearing they may be treated like criminals. They are currently trying to clarify their travel history by seeking records from the Department of Home Affairs in Australia. Melbourne immigration lawyer Sherwin Noorian noted that such migration issues can happen due to the absence of outbound passport controls in the US, which sometimes can lead to erroneous overstays being recorded for foreign nationals.
On a positive note, their travel insurance claim was initially denied but later was honoured, providing some relief as they navigate their current predicament. However, the Burleys remain wary about their future travel plans to the United States and the implications of this immigration error on their lives.