MEMORANDUM
TO: All Foreign National Travelers
RE: New Travel Requirements: US-VISIT and ESTA
DATE: January 13, 2009
___________________________________________________________
The US Department of Homeland Security has recently announced changes for foreign nationals traveling to the United States. We provide this memorandum to summarize the travel programs and explain the new requirements.
US – VISIT
The US-Visit Program was established in 2003 to verify the identities and travel documents of visitors to the United States. Visitors subject to US-Visit may be required to provide fingerscans, photographs, or other biometric identifiers upon arrival at, or departure from, the United States. US-Visit is an automated system that compares biometric identifiers with information drawn from intelligence and law enforcement watch lists and databases.
On December 18, 2008, the US Department of Homeland Security announced that it was expanding the categories of non-US citizens subject to US-Visit. Previously, only people entering the US with a non-immigrant visa or those traveling as part of the Visa Waiver Program were subject to US-Visit. With the significant program expansion, lawful permanent residents (green card holders); immigrant visa holders; refugees and asylees; parolees; and Canadian citizens who require an I-94 (arrival/departure document) or a waiver of inadmissibility are now also subject to US-Visit. Individuals over the age of 14 and under the age of 79 who fit into one of the above categories, regardless of country of origin or method of travel to the US, should be prepared to be scanned and photographed upon entering or leaving the United States.
Visa Waiver Program – Electronic System for Travel Authorization (ESTA)
As discussed in our December 15, 2008 memorandum, effective January 12, 2009, all Visa Waiver Program travelers are required to obtain an electronic travel authorization (ESTA) prior to boarding a carrier to travel to the United States by air or sea. Nationals of Visa Waiver Program countries are still eligible to enter the US without a visa, but must obtain an approved travel authorization prior to their travel to the United States.
The US Department of Homeland Security and US Customs and Border Protection have provided a website with an automated form for the traveler, or a third party, to complete to apply for a travel authorization. (http://cbp.gov/xp/cgov/travel/id_visa/esta/). After the required biographic and travel information is entered, the application is processed to determine if the applicant is eligible to travel to the US under the Visa Waiver Program. The system provides an automated response. Prior to boarding, a carrier electronically verifies that the traveler has an approved travel authorization.
The electronic travel authorization establishes that an individual is eligible to travel to the US under the Visa Waiver Program, but does not guarantee that he or she will be admitted to the United States. Upon arrival in the US, individuals will be inspected by a Customs and Border Protection officer, who will determine whether they are admissible.
Unless revoked, travel authorizations are valid for two years from the date of authorization, or until the passport expires, whichever comes first. Applications may be submitted at any time prior to travel to the United States, however the Department of Homeland Security recommends that travel authorization applications be submitted at least 72 hours prior to travel.
This memorandum is for informational purposes only, and should not be considered legal advice. Should you have any questions or concerns in regard to US-Visit or ESTA, please contact our office for assistance.
Tags: Customs and Border Protection, Department of Homeland Security, ESTA, Kennedy Riordan & Associates, KRA Immigration Law Group, Travel Authorization, Travel Requirements, US-VISIT
