 |
| Traveling To America? New ESTA Registration Mandated |
Traveling To America? New ESTA Registration Mandated
For years, visitors from certain foreign countries are ready to visit America without first getting a proper Visa sticker placed in their passport. Implemented in 1998, the "Visa Waiver Program" (VWP) has allowed for visitors of several countries to return to America for tourism or business purposes for up to 90 days without getting a Visa put in their passport. During 2007, quite 15 million visitors from VWP countries arrived within us.
As of January 12, 2009, America's new ESTA program requires Visa Waiver Program visitors coming to the U.S. for tourist or business purposes via a plane or ship to "register" online before entering us to ascertain if they pose an enforcement or security risk to the U.S. ESTA isn't required for land crossings. Officials are asking that the ESTA registration be done a minimum of 72 hours before leaving, but theoretically, it's 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) for ESTA Travel Authorization:
What Countries Are 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 Do I Apply for an ESTA Travel Authorization?
A website, operated by the American government, is where you register for ESTA: esta.cbp.dhs.gov. The ESTA information you submit via the pc is compared with certain American enforcement databases then either approved or denied. Foreign travelers won't be ready to submit ESTA applications at American airports after arriving or at a U.S. Embassy in their country.
What if I do not Have Plans to visit the U.S. Yet?
VWP travelers aren't required to possess specific plans to visit us before they apply for an ESTA Travel Authorization. As soon as VWP travelers begin to plan a visit to go to the U.S., they're encouraged to use for a travel authorization through the ESTA website. Applicants aren't required to update their destination addresses or itineraries if they modify after their ESTA Travel Authorization has been granted.
Does the ESTA Travel Authorization Guarantee Entry to the U.S.?
An ESTA Travel Authorization only authorizes a traveler to board an airline or ship to visit the U.S. under the Visa Waiver Program. After they arrive, travelers who obtained an ESTA Travel Authorization should be denied entry (also called "admission") at a U.S. port of entry, like an American airport. An approved ESTA isn't a guarantee of admissibility at an American airport. altogether cases, the American airport officers make the ultimate determination whether a far off traveler can enter the U.S. or not. you continue to need to establish to the satisfaction of the inspecting officer that you simply are entitled to be admitted to the U.S. under the Visa Waiver Program.
Can I Change My Travel Itinerary?
It is possible to vary an itinerary on an existing ESTA Travel Authorization; ESTA is meant in order that you'll update parts of it at any time. Travelers who didn't get an ESTA approval could also be denied boarding by the airlines, experience delayed processing, or be denied admission to the U.S. at the American airport.
What If I have already got a legitimate B1/B2 Visitor Visa?
While the ESTA Travel Authorization is completed online with no interview, there are Visas that need a U.S. Embassy interview. The Visa process has separate procedures, which generally require a meeting, visit a U.S. Embassy, an interview with a Consular Officer, time interval, and therefore the payment of an application fee. If a far off national already visited the U.S. Embassy and features a valid B1/B2 Visitor Visa pasted in their passport it's not necessary to urge an ESTA Travel Authorization because the traveler is going to be entering with a B1/B2 Visitor Visa and not through the Visa Waiver Program. confine mind that an approved ESTA Travel Authorization isn't a Visa.
Can I Re-Apply for an ESTA Travel Authorization if Denied?
Yes, but you want to wait a minimum of 10 days to reapply and your circumstances must have changed. Unless there's a change during a substantive fact, re-application won't change the result. confine mind that applying for an ESTA Travel Authorization with false information can cause a far off national to be permanently barred from ever entering America. The ESTA system is meant to undertake to stop individuals from changing and manipulating an ESTA entry until they receive approval.
What If I'm Denied an ESTA Travel Authorization and haven't any Changed Circumstances?
There are three sorts of responses to an ESTA application; approved, pending or travel not authorized (denied). Applicants who receive a "pending" response are advised to see the web site 72 hours later. Applicants who are denied are going to be required to travel to a U.S. Embassy to use for a proper nonimmigrant visa, like a B1/B2 Visa, which can take months.
Can a Traveler determine the rationale Why an ESTA Application was Denied?
The U.S. Dept. of Homeland Security has stated that travelers may contact the DHS Travel Redress Inquiry Program (DHS visit dhs.gov) but there are not any guarantees that information a few denials are going to be divulged. U.S. Embassies and Consulates aren't required to supply details about an ESTA denial nor resolve the difficulty that caused the ESTA denial.
If I even have a Criminal Record?
Only those qualified to travel under the VWP are eligible to pre-register through ESTA. Persons who are arrested and/or convicted are generally not eligible for VWP and doubtless require a proper Visa, like a B1/B2 Visa, to visit America. If a far off national has received tickets for speeding (which don't usually end in an arrest or conviction) they're probably still eligible for the VWP and ESTA. If a far off traveler has been denied entry into or deported from the U.S., they require a proper Visa.
Do the other Countries Have an identical Program?
Australia features a program called the Electronic Travel Authority (ETA) that mandates travelers to submit an ETA application electronically through an internet site requesting permission to visit Australia. Airlines may refuse to simply accept passengers who don't have either an approved ETA or Visa to enter Australia.
How Long Will the ESTA Application Data be Stored? Who Can Access It?
The ESTA Travel Authorization is valid for 2 years or until the traveler's passport expires, whichever comes first. The American government will maintain the knowledge for a minimum of 15 years to permit retrieval of the knowledge for enforcement, national security, or investigatory purposes. Information submitted through ESTA also can be shared with any U.S. government organization.
What Information Does the Airlines Get?
Airlines will receive confirmation of a passenger's ESTA status visa the "Advance Passenger Information System" (APIS) which shows whether the ESTA authorization has been granted for a Visa Waiver Program traveler. it's recommended that the traveler print out the ESTA application approval so as to take care of a record of their ESTA application number and to possess confirmation of their ESTA status.
What About Children?
Accompanied and unaccompanied children, no matter age, are required to get an independent ESTA Travel Authorization.
What if an error was Made on the ESTA Application?
The ESTA website will ask applicants to review their application before submitting it. Also, there's an update function surely information like email address, phone number, or flight information. If an applicant makes an error that can't be "updated," he will get to submit a replacement ESTA application.
What if I Only Have a flight Through the U.S.?
Visa Waiver Program visitors who have a flight within the U.S. are required to either have ESTA Travel Authorization or a Visa from a U.S. Embassy in their passport to travel through the U.S. even for a 1 hour stop. If a traveler is merely getting to stop within the U.S. on the way to a different country, the traveler should enter the words "In Transit" and his final destination within the address lines under the heading "Address While within the United States" on the ESTA application.
What Are the Questions on the ESTA Travel Authorization Application?
The traveler must provide (in English) biographical data including name, birth date, country of citizenship, country of residence, email address, sex, phone number, passport information, destination address within the U.S., travel information (round trip airline ticket, flight number, and city where you're boarding) also as questions regarding communicable diseases (chancroid, gonorrhea, granuloma inguinal, HIV, leprosy, LGV, syphilis [active], tuberculosis [active], and others), physical or mental disorders, white plague problems, arrests, convictions, past history of visa cancellation or denial, and prior deportations from the U.S. The traveler also will be asked whether or not they are seeking to add the U.S., have ever been deported or tried to urge a visa by fraud or misrepresentation. The traveler is going to be asked if they need ever detained a toddler of a U.S. Citizen granted custody of the kid, and whether or not they have ever asserted immunity from prosecution.
Do I choose "Business" or "Pleasure (Tourist) at the Airport Port of Entry?
After the ESTA Travel Authorization is granted, the foreign traveler is going to be interviewed by government officers at the primary American airport they land. The officer will ask what the foreign traveler is going to be doing in America and therefore the questioning can take up to four hours during a detained setting called "secondary inspection." The officer may ask the traveler "what else are you doing in America?" repeatedly to undertake to urge "the real" answer. If the traveler is merely getting to be a tourist, they're not allowed to try to any business, including meeting with any attorneys, applying for a checking account, meeting with land agents, or other business consulting activities. albeit the traveler goes to conduct only one business meeting while in America, they're required to report it and enter as a business visitor. The business visitor is allowed to participate in tourist activities, but the tourist visitor isn't allowed to participate in any business activities. Therefore, if any business could be conducted while in America, it's best to inform the govt officers about it at the airport to avoid being accused of lying, put immediately on a plane back to your home country, and barred from America for all times.
What Else Do Can the Airport Officers Make Me Prove After I Land?
The airport officers will ask the traveler proof of a far off residence (address on foreign driver's license), whether their intention is to depart at the top of the visit (round trip airline ticket), whether the traveler features a job (letter, paystub, business card) and family in their home country, (marriage certificate, children's' birth certificates), and whether the traveler has the cash to travel around America (bank statement or credit cards with bank letter showing credit limit). The airport officers also are required to ask where the traveler will stay in America (hotel reservations or friends/relatives' homes) and are known to select up the phone to verify all of the aforementioned information.
Can I Be Searched within the American Airport? Am I Entitled to Legal Representation?
While being interviewed at the American airport, all luggage (even locked bags) are often searched, also because of the traveler's body and his/her telephone (including text messages and phone numbers) and laptop (including hard drive). The officers may "google" a traveler's name and inspect their myspace, Facebook or hyves pages. The traveler isn't allowed to be represented by an attorney or maybe call their attorney while in "secondary inspection." Bathroom visits, water, and food could also be limited, so it's best to organize for such an event while still on the plane before landing.
Do I Still Need to undergo the "US-VISIT" Program at the American Airport?
Foreign travelers arriving at American airports and seaports must still be photographed and fingerprinted whenever they enter the U.S.
Who Should I invite Help to Fill Out the ESTA Application?
The information a traveler provides on the ESTA application can remain in their file with U.S. authorities for a minimum of 15 years - probably longer. If a far off traveler has some questions on the way to answer the questions so as to not be permanently barred from America, it might be prudent to them to buy a legal consultation with an American Immigration Attorney who may be a member of the American Immigration Lawyers Association (AILA). watch out for unauthorized private websites that provide ESTA application assistance for $49.99 - they're usually not authorized to practice immigration law and are asking travelers to buy a replica of the appliance questions, which are free on the dhs.gov website.
If I'm Denied the ESTA Travel Authorization Will it Effect My Ability to get a Visa at the U.S. Embassy?
When the ESTA Travel Authorization is denied, the foreign traveler must make a meeting at a U.S. 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 are not any expedited procedures for those that are denied ESTA Travel Authorization. Because the ESTA program is so new, it's impossible to predict how badly a denial of the ESTA Travel Authorization will impact a traveler's application for a visa at a U.S. Embassy or impact their future visit America generally. American Immigration Attorneys are in close contact with their foreign clients and can share the denial information with one another starting in January 2009. Currently, there are not any government policies regulating this area of the law, or opportunities to appeal a denial.
When is that the "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.
ليست هناك تعليقات:
إرسال تعليق