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Are you traveling to America? New ESTA registration requirement in January 2009:

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By Afshari FerdoushPublished 3 years ago 12 min read
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For years, visitors from some foreign countries are ready to visit the us without first putting a politician visa append their passport. The "Visa Waiver Program" (VWP) introduced in 1998 enabled visitors from various countries to enter the USA for tourism or business purposes for up to 90 days without a visa in their passport. In 2007, over 15 million visitors came to the us from VWP countries.

As of January 12, 2009, the US's new ESTA program requires that visa waiver program visitors traveling to the us by air or sea for tourist or business purposes before entry into the us "check in" online to ascertain if they pose a security or a enforcement risk. . US ESTA isn't required for land crossings. Officials require ESTA registration to be done a minimum of 72 hours before departure, but it's theoretically possible to register at the eleventh hour . An ESTA travel authorization is free, valid for two years and valid for multiple entries.

Here are some commonly asked questions (FAQs) about ESTA travel authorization:

Which countries participate within the Visa Waiver Program?

Andorra, Austria, Australia, Belgium, Brunei, Czech Republic , Denmark, Estonia, Finland, France, Germany, Hungary, Iceland, Ireland, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Monaco, Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovakia, Slovenia, South Korea , Spain, Sweden, Switzerland and therefore the uk .

Where am i able to apply for an ESTA travel authorization?

You can register for ESTA at an internet site operated by the US government: esta.cbp.dhs.gov. The ESTA information you submit by computer is verified against certain US enforcement databases then approved or rejected. Foreign travelers cannot apply for an ESTA after arriving at US airports or at a US embassy in their country.

What if i do not have already got plans to visit the United States?

VWP travelers don't got to have any special plans to visit the US before applying for an ESTA travel authorization. Once VWP travelers start planning a visit to the US, they're advised to use for travel authorization through the ESTA website. Applicants don't got to update their destination addresses or travel routes if they modify after their ESTA travel authorization has been issued.

Does the ESTA travel authorization guarantee entry into the USA?

An ESTA travel authorization only allows a traveler to board an airline or ship to visit the us under the visa waiver program. Upon arrival, travelers who have received an ESTA travel authorization can enter (also referred to as "admission") at a US port of entry, e.g. B. a US airport. An approved ESTA isn't a guarantee of eligibility at a US airport. In either case, it's ultimately US airport officials who decide whether or not a far off traveler can enter the us . you've got not yet determined to the inspector's satisfaction that you simply are eligible to enter the us under the visa waiver program.

Can I change my itinerary?

It is possible to vary an itinerary in an existing ESTA travel authorization; ESTA is meant in order that you'll update parts of it at any time. Airlines can refuse boarding, experience delays in processing, or be refused entry into the us at the US airport.

What if I have already got a legitimate B1 / B2 visitor visa?

While ESTA travel authorization is completed online without an interview, there are visas that need an interview with the US embassy. The visa process has separate procedures that sometimes require a meeting to visit the US embassy. Consular representative, time interval and payment of application fees. If a foreigner features already visited the US embassy and has a valid B1 / B2 visitor visa in their passport, there's no got to obtain an ESTA travel authorization because the traveler enters on a B1 / B2 visitor and not through the Visa Waiver Program. Please note that an approved ESTA travel authorization isn't a visa.

If i'm rejected, am i able to submit a replacement ESTA travel authorization application?

Yes, but you want to wait a minimum of 10 days to reapply and your situation must have changed. Unless a cloth fact changes, a replacement requirement doesn't change the result . Note that an ESTA travel authorization application with false information can permanently prevent a foreigner from entering the USA. The ESTA system is meant to stop people from changing and tampering with an ESTA entry until they're approved.

What happens if i'm denied an ESTA travel authorization and therefore the circumstances don't change?

There are three sorts of ESTA responses; approved, pending, or unauthorized (denied) trips. Applicants who receive a “pending” response are advised to go to the web site after 72 hours. Unsuccessful applicants must visit a U.S. embassy to use for a proper nonimmigrant visa like a B1 / B2 visa, which may take months.

Can a traveler determine why an ESTA application was denied?

The US Department of Homeland Security has announced that travelers can apply to the DHS Travel Compensation Program (DHS TRIP on dhs.gov), but there's no guarantee that any denial information are going to be made public. . US embassies and consulates aren't required to supply details of an ESTA denial or to resolve the difficulty that caused the ESTA denial.

What if I even have a criminal record?

Only people that are qualified to travel under the VWP can pre-register via ESTA. people that are arrested and / or convicted are generally not eligible for the VWP and can likely need a proper visa, e.g. B. a B1 / B2 visa to visit the us . If a foreigner has received a speeding complaint (which usually doesn't end in arrest or conviction), they're likely to still be eligible for the VWP and ESTA. If a far off traveler has been denied entry or deported from the us , a proper visa is required.

Are there other countries that have an identical program?

Australia features a program called the Electronic Travel Authority (ETA) that needs travelers to submit an ETA application electronically through an internet site to request travel authorization to Australia. Airlines can refuse to simply accept passengers without an ETA or an approved visa to enter Australia.

How long will the ESTA application data be kept? Who can access it?

The ESTA travel authorization is valid for 2 years or until the traveler's passport expires, whichever comes first. The United States government will retain the knowledge for a minimum of 15 years in order that it are often retrieved for enforcement , national security, or investigative purposes. Information submitted via ESTA also can be shared with any United States government organization.

What information do airlines receive?

Airlines receive confirmation of a passenger's ESTA visa status, the Advanced Passenger data system (APIS), which shows whether a traveler has been granted an ESTA authorization through the exemption program. The traveler is suggested to print out the ESTA application authorization so as to stay their ESTA application number and receive confirmation of their ESTA status.

What's wrong with the kids?

Accompanied and unaccompanied children must obtain a separate ESTA travel authorization no matter their age.

What if an error was made with the ESTA application?

The ESTA website encourages applicants to review their application before submitting it. there's also a function to update some information like email address, telephone number or flight information. If an applicant makes an error that can't be "updated", they need to submit a replacement ESTA application.

What if I only have one flight across the US?

Visa Waiver Program visitors who have a flight within the us must have an ESTA travel authorization or a US embassy visa in their passport to travel across the us , even for one hour. If a traveler is planning a stopover within the us just on the way to a different country, the traveler should include the words “In Transit” and their final destination within the address lines under the heading “Address within the United States”. »In the ESTA application. .

What are the ESTA travel authorization application questions?

The traveler must provide biographical information including name, date of birth, country of citizenship, country of residence, email address, gender, telephone number , passport information, destination address within the us . , Travel information (outward and return flight, flight number and place of departure) also as questions on communicable diseases (chancre, gonorrhea, inquinal granuloma, HIV, leprosy, LGV , syphilis [active], tuberculosis [active] and others), physical or mental disorders , substance abuse , arrests, past convictions, visa cancellation or denial, and former deportations from the us The traveler is additionally asked if they're trying to find add the us to get a visa for fraud or misrepresentation. The traveler is asked if he has ever held the kid of a U.S. citizen who has been granted custody of the kid and if he has ever sought impunity.

Should i choose "Business" or "Pleasure (Tourist) at the airport port of entry"?

Once the ESTA travel authorization is granted, the foreign traveler are going to be interviewed by officialdom at the primary U.S. airport to land. The officer will ask what the foreign traveler will neutralize the us , and therefore the interview can take up to four hours at a detention site called a "secondary inspection". The agent can ask the traveler, "What else are you doing in America?" Repeated to undertake to urge the "real" answer. If the traveler is simply a tourist, he's not allowed to try to to business, like Although the traveler only has one business meeting within the us , they need to report it and enter as a business visitor. The business visitor can participate in tourist activities, but the tourist visitor cannot participate in any business activity . Therefore, if business are often done during your stay within the us , it's best to notify officialdom at the airport so as to not be accused of lying about aged a plane immediately to return to your home country and expelling you from United . States for all times . What can airport officials have me try after landing?

Airport agents require the traveler to supply proof of residence abroad (address on the foreign driver's license) if he intends to go away at the top of the visit (return ticket), if the traveler features a job (letter, proof of payment, business card) and family in their country of origin (Marriage certificate, children's birth certificates) and if the traveler has money to travel across the us (bank statement or credit cards with a letter from the bank stating the credit limit). Airport officials should also ask where the traveler is within the us (hotel reservations or friends / family apartments) and are known to select up the phone to verify all of the above.

Can you meet me at the American airport? Am I entitled to legal representation?

During the interview at the US airport, all luggage (including locked suitcases), also because the traveler's body and mobile (including text messages and phone numbers) and personal computer (including hard drive) are often searched. Agents can “goog” a traveller's name and consider their Myspace, Facebook, or Hyves pages. The traveler can't be represented by a lawyer or maybe call his lawyer during the “second check”. Toilet, water, and food visits are often limited, so it's best to organize for such an event while you're still on the plane before landing.

Do I still need to undergo the "US-VISIT" program at the American airport?

Foreign travelers arriving at US airports and seaports must be photographed and fingerprinted whenever they enter the us .

Who am i able to invite help filling out the ESTA application?

The information that a traveler makes on the ESTA application can remain registered with the US authorities for a minimum of 15 years, possibly longer. If a foreign traveler has inquiries to answer the questions so as to avoid permanent expulsion from the us , it's advisable to buy legal advice with a U.S. immigration attorney who may be a member of the us Aliens Law Lawyers Association. . (AILA). watch out for unauthorized private websites offering ESTA application assistance for $ 49.99. they're generally not licensed to exercise immigration law and need travelers to buy a replica of the appliance questions, which are available for free of charge on the dhs.gov website.

If i'm denied ESTA travel authorization, will it affect my ability to get a visa at the US embassy?

If ESTA travel authorization is denied, the foreign traveler must make a meeting with a US embassy in their country to use for a proper visa. The U.S. Embassy is operated by the U.S. Department of State and there's no means process for anyone who has been denied an ESTA. Debido a que el programa ESTA es tan nuevo, es imposible predecir qué impacto tendrá the rejection of the Autorización de viaje ESTA within the visa application of a viajero in una embajada de los EE. UU. O afectará su viaje futuro a EE. UU. generally . US immigration attorneys are in close contact with their overseas clients and can be exchanging information about the denial from January 2009 onwards. When is that the a "New" ESTA Travel Authorization Required?

A new ESTA Travel Authorization is required during the 2 years if (1) the traveler is issued a replacement passport (2) the traveler changes his name (3) the traveler changes his or her gender (4) the traveler's country of citizenship changes or (5) the circumstances underlying the traveler's previous responses to any of the ESTA application questions requiring a "yes" or "no" response have changed (such as a replacement arrest).

Can an American Immigration Attorney, agent or Employer Fill Out the ESTA Application?

A third party, like a relative, agent or American Immigration Attorney, is permitted to submit an ESTA application on behalf of a VWP traveler. remember that the traveler remains responsible under the law for the answers submitted on his or her behalf by a 3rd party.

Over 68,000 travelers have already voluntarily registered by using the ESTA online system within the previous couple of months. Applicants are reminded to get a replacement "e-passport" which has an integrated computer chip capable of storing biographic information from the info page, also as other biometric information, when registering with ESTA.

The author is Attorney Danielle Nelisse, owner of the Law Offices of Danielle Nelisse. She has been practicing U.S. immigration law since 1999. She focuses on U.S. citizenship, lawful permanent residence through marriage, and work visas. She features a staff of translators who speak German, French, Spanish, Dutch, Russian, Chinese, Japanese and other languages.

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Afshari Ferdoush

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