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ESTA
Requirements for VWP Travelers Effective since Jan 12, 2009
Posted
Jan 23, 2009
©MurthyDotCom
The U.S. Department of Homeland Security (DHS) recently issued a reminder to
travelers from Visa Waiver Program (VWP) countries that they must now obtain
advance approval through the new Electronic System for Travel Authorization
(ESTA). The ESTA requirement is only for travel under the VWP. Thus,
individuals who are citizens of VWP countries, but are seeking entry to the
U.S. in a category other than the VWP, do not need to utilize ESTA. VWP
travelers, however, do need to be apprised of these new requirements.
©MurthyDotCom
ESTA Requirements Effective January 12, 2009
©MurthyDotCom
In a
press release, the DHS reminded travelers that the ESTA requirements
went into effect on January 12, 2009. Regular MurthyDotCom and
MurthyBulletin readers may recall a full discussion of the VWP and ESTA
programs in our articles,
Electronic System for
Travel Authorization Now Online (Aug 29, 2008) and
Enhanced Electronic
Security Measure for Visa Waiver Program (Jun 13, 2008), available
on MurthyDotCom.
©MurthyDotCom
ESTA Requirement for Pre-Travel Clearance
©MurthyDotCom
VWP travelers now must obtain ESTA approval before traveling to the United
States. ESTA is a web-based system that determines the preliminary
eligibility of individuals to enter the United States. Since its launch in
August 2008, more than 1.2 million ESTA applications have been processed,
resulting in an approval rating of greater than 99.6 percent. Most
applications are processed in seconds, according to the DHS.
©MurthyDotCom
ESTA Approval Does Not Guarantee Entry
©MurthyDotCom
While an ESTA approval is required before a VWP traveler can board an
international carrier bound for the United States, U.S. Customs and Border
Patrol (CBP) may still deny entry to a VWP traveler based upon a number of
factors. An individual must be seeking entry for purposes consistent with
the VWP.
©MurthyDotCom
Visa Waiver Program Nations
©MurthyDotCom
The citizens or nationals of the following countries are currently eligible
to travel to the United States under the VWP: Andorra, Australia, Austria,
Belgium, Brunei, the Czech Republic, Denmark, Estonia, Finland, France,
Germany, Hungary, Iceland, Ireland, Italy, Japan, the Republic of Korea,
Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, the
Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovakia,
Slovenia, Spain, Sweden, Switzerland, and the United Kingdom.
©MurthyDotCom
Conclusion
©MurthyDotCom
As with any new program, there was some reported confusion during the
initial days of ESTA implementation, as some travelers were not aware of the
requirement. Travelers need to be mindful of the need to double check legal
requirements before traveling to any country and should not simply rely on
past practices or assumptions. We will continue to monitor changes to the
VWP and ESTA to help MurthyDotCom and MurthyBulletin readers
plan their travel to the United States.
Copyright © 2009, MURTHY LAW
FIRM. All Rights Reserved
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