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Electronic Travel Authorization (ESTA) is Required of All Travelers Entering the United States Under the Visa Waiver Program



by Goulder Immigration Law Firm
November 9, 2009

ESTA stands for Electronic System for Travel Authorization. ESTA is an online application to pre-screen travelers before they are allow to board an airplane or ship bound for the United States. Any person entering the United States under the visa waiver program is required to hold an approved ESTA Travel Authorization.

Alltravelers entering the United States (by air or sea) under the visa waiver program are required to hold a valid ESTA travel authorization. The purpose of ESTA is to allow DHS to pre-screen all Visa Waiver Travelers before they leave their respective countries. U.S.- bound travelers are recommended to apply for a Travel Authorization at least 72 hours prior to departure.

The Visa Waiver Program

The visa waiver program is a U.S. government program that enables citizens and nationals from the 35 Visa Waiver Countries to enter the United States for tourism or business purposes for up to 90 days without obtaining a visa. The advantage of entering the United States under the visa waiver program is that you can travel to the United States on short notice without obtaining a visa. FAQs about the visa waiver program.

Who is eligible to apply for admission under the Visa Waiver Program?
You are eligible to apply for admission under the Visa Waiver Program(VWP) if you:

  • Intend to enter the United Statesfor 90 days or less for business, pleasure or transit;
  • Have a valid passport lawfully issued to you by a VWP country;
  • Have authorization to travel via the Electronic System for Travel Authorization;
  • Arrive via a VWP signatory carrier;
  • Have a return or onward ticket;
  • Travel may not terminate incontiguous territory or adjacent islands unless the traveler is a resident  ofone of those areas; and

Are a citizen or national of one of the VWP countries listed below:

 Andorra

Iceland

Norway

 Australia

Ireland

Portugal

 Austria

Italy

San Marino

 Belgium

Japan

Singapore

 Brunei

Latvia

Slovakia

 Czech Republic

Liechtenstein

Slovenia

 Denmark

Lithuania

South Korea

 Estonia

Luxembourg

Spain

 Finland

Malta

Sweden

 France

Monaco

Switzerland

 Germany

Netherlands

United Kingdom

Hungary

New Zealand

 

ESTA Travel Authorization Process

The Department of Homeland Security and the United States Customs and Border Protection have provided a secure public Website with an automated form for you, or a third party, to complete in order to apply for a travel authorization. Once you enter the required biographic and travel information on the secure Web site, your application is processed by the system to determine if you are eligible to travel to the United States under the Visa Waiver Program without a visa. The system will provide you with an automated response, and prior to boarding, a carrier will electronically verify with the United States Customs and Border Protection that you have an approved travel authorization on file.

Travel Authorization Does Not Guarantee Admission to the United States

If your electronic travel authorization is approved, this approval establishes that you are eligible to travel to the United States under the Visa Waiver Program, but does not guarantee that you are admissible to the United States. Upon arrival in the United States you will be inspected by a Customs and Border Protection officer at a port of entry who may determine that you are inadmissible under the Visa Waiver Program or for any reason under United States law.

Travel Authorization is Valid for Two Years

Unless revoked, travel authorizations are valid for two years from the date of authorization, or until your passport expires, whichever comes first. The Authorization Approved screen displays your travel authorization expiration date.

Apply At Least 72 Hours Prior to Travel
Applications may be submitted at any time prior to travel to the UnitedStates. The Department of Homeland Security recommends that travel authorization applications be submitted at least 72 hours prior to travel. Unless revoked, travel authorizations are valid for two years from the date of authorization, or until your passport expires, whichever comes first. Currently there is no fee to apply for a travel authorization. However, there may be an application fee in the future.

If You Are Not Approved For ESTA Travel Authorization

If you receive a Travel Not Authorized response to your travel authorization application, but wish to continue with your travel plans, please visit the United States Department of State Web site at www.travel.state.gov for additional information about applying for a visa. The denial of a travel authorization only prohibits travel under the Visa Waiver Program and is not a determination of eligibility for a visa to travel to the United States.

If a Visa Waiver Program Applicant is Found to be Inadmissible
Travelers applying for admission to the United States under the Visa Waiver Program who are determined to be inadmissible to the United States will be denied admission and returned to their country of origin, or a third country from which the traveler holds a round-trip ticket, aboard the carrier on which the traveler arrived in the United States.

Gerald Goulder is a North Carolina immigration lawyer who practices exclusively immigration law for North Carolina clients and for clients throughout the United States,and the world because immigration law is a federal law practice not limited attorneys in a particular state.

Gerald Goulder has been a licensed attorney and counselor at law for 30 years. His practice is exclusively immigration, visa and citizenship law.  He has broad experience with family sponsored green cards, naturalization and citizenship, employer sponsored green cards, employment and work visas like H-1B visas and other nonimmigrant visas, and I-9 employment eligibility and employer sanctions laws.

His broad professional background includes working as a special state prosecutor, owning and operating a business, serving onboards of non-profit organizations, religious organizations and private corporations, and taking political leadership roles.  Mr. Goulder has also worked as an Assistant Attorney General of Ohio, and Ohio Special Prosecutor in law enforcement and prosecution, and he was appointed Special Counsel to the Attorney General of the State of Ohio. Although his private practice initially involved commercial, business, and corporate/commercial real estate matters, Gerald Goulder, managing partner of Goulder Immigration Law Firm, is a North Carolina immigration lawyer with clients throughout the world,guarantees personal service to every client. Clients receive one-on-one directaccess to immigration attorney Gerald Goulder on phone calls, emails, or letters. If you are seeking guidance, experience and knowledge of immigration and visa laws involving family-based or employment-based permanent residence and green cards, visas, or citizenship, do not hesitate to contact Goulder Immigration Law Firm.



 

The views expressed in this document are solely the views of the author and not Martindale-Hubbell. This document is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance.


 

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