New Electronic System for Travel Authorization to the USA
The United States Department of Homeland Security has introduced the Electronic System for Travel Authorization (ESTA) under which a person traveling to the United States under the Visa Waiver Program obtains an electronic travel authorization before boarding a carrier for travel by air or sea to the United States. states The new system does not guarantee admissibility to the United States at the US port of entry, but instead authorizes a traveler to board a carrier bound for the United States.
ESTA became available as of August 1, 2008, and as of January 12, 2009, all Visa Waiver Program travelers will be required to obtain prior authorization through ESTA before traveling to the United States.
Whether a travel authorization is required depends on whether the traveler is seeking admission to the US under the Visa Waiver Program based on their country of nationality, not the country of embarkation. Persons with a valid United States visa are not required to obtain a travel authorization through ESTA.
To obtain authorization through ESTA, travelers must visit the ESTA website at esta.cbp.dhs.gov, where they will be asked to complete biographical and passport information, and answer the following series of questions similar to those found on Form I-94W. :
A) Do you have a communicable disease; physical or mental disorder; or are you a drug addict or addict?
B) Have you ever been arrested or convicted of a felony or felony involving moral turpitude or a violation related to a controlled substance; or have been arrested or convicted of two or more crimes for which the total sentence of imprisonment was five years or more; or have been a trafficker of controlled substances; or are you seeking to enter to participate in criminal or immoral activities?
C) Has been or is involved in espionage or sabotage activities; or in terrorist activities; or genocide; or between 1933 and 1945 was he involved, in any way, in persecutions associated with Nazi Germany or its allies?
D) Are you looking to work in the US; or he has ever been excluded and deported; or been previously removed from the United States or obtained or attempted to obtain a visa or entry into the United States through fraud or misrepresentation?
E) Have you ever detained, retained, or retained custody of a child of a US citizen who was awarded custody of the child?
F) Have you ever been denied a US visa or entry to the US or had a US visa revoked?
G) Have you ever asserted immunity from prosecution?
Contrary to popular myth, not all arrests or convictions need to be disclosed. Instead, only arrests and convictions involving moral turpitude or controlled substances should be disclosed. However, since the determination of whether a particular arrest or conviction is considered a crime involving moral turpitude can only be made by reference to US law and case law, it is strongly recommended that all persons have suffered one or more regardless of how long they have occurred, you should consult with a US immigration attorney before submitting an application through ESTA.
Direct contact with USCIS or the US Embassy regarding the issue or previous arrests or convictions is discouraged, as customer service representatives from these two agencies have been instructed to refer any and all people with prior arrests or convictions of any kind to apply for a visa, which will significantly delay travel and place even the most minor arrests or convictions on a permanent record.
Travelers are strongly recommended to apply through ESTA at least 72 hours before travel, as some applications can take up to 72 hours to process.
Once the traveler submits a request, one of the following responses should appear within seconds:
1. Approved Authorization: Travel authorized.
2. Unauthorized travel: The traveler must obtain a nonimmigrant visa from a US embassy or consulate before traveling to the US.
3. Pending authorization: the traveler will need to check the ESTA website for updates within 72 hours to receive a final response.
Once received, the travel authorization is valid for multiple entries into the United States for up to two (2) years, or until the traveler’s passport expires, whichever comes first. However, travelers should update their US itineraries and destinations on the ESTA website as they are planned.
As the system is done electronically, travelers are not required to carry a paper copy of their travel authorization with them; however, this is recommended, and travelers should ensure they have a record of their ESTA application number.
After January 12, 2009, any traveler who fails to apply through ESTA or is not authorized prior to travel may be denied boarding, experience a delay in processing, or be denied admission at a port of entry. from USA
Once ESTA becomes mandatory, a traveler with a valid ESTA authorization will no longer be required to complete a paper Form I-94W when arriving on a carrier that is capable of receiving and validating messages related to the traveler’s ESTA status as part of boarding of the traveler.
If an ESTA application (“Unauthorized Travel”) is not approved, a traveler may reapply for ESTA authorization after a period of ten days, but unless the traveler’s circumstances have changed, it is likely that the ESTA will be denied. authorization again. A traveler who is not authorized through ESTA must obtain a visa from the appropriate US Embassy or Consulate before traveling to the United States.
US embassies and consulates cannot provide the reason why authorization through ESTA was denied. The ESTA website will provide a link to the DHS Travel Compensation Inquiry Program (TRIP); however, there is no guarantee that a repair request through TRIP will resolve the reason for which the authorization was denied.
Additional notes about ESTA:
– Travelers only transiting through the United States must still obtain an authorization through ESTA. “In transit” must be entered as the address in the United States.
– Citizens of Bermuda, Canada, the Marshall Islands and Micronesia do not need to apply through ESTA.
– Any traveler denied authorization while ESTA is voluntary only until January 12, 2009, may still be denied boarding, experience a delay in processing, or may be denied admission at a port of entry from USA
– Currently there is no fee to obtain authorization through ESTA.
– ESTA does not affect the current processing of travelers seeking to enter the United States through a land border.
– Entering false information in ESTA can make a traveler ineligible to travel to the US permanently.