Immigration Attorneys - Traveling To America? New Esta Registration Mandated January 2009
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For years, visitors from positive foreign countries have been able to tour to America without first getting a formal Visa seal located in their passport. Implemented in 1998, the "Visa Waiver Program" (Vwp) has allowed for visitors of several countries to come to America for tourism or enterprise purposes for up to 90 days without getting a Visa put in their passport. During 2007, more than 15 million visitors from Vwp countries arrived in the United States.
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As of January 12, 2009 America's new Esta agenda requires Visa Waiver agenda visitors advent to the U.S. For tourist or enterprise purposes via a plane or ship to "register" online before entering the United States to see if they pose a law enforcement or protection risk to the U.S. Esta is not required for land crossings. Officials are asking that the Esta registration be done at least 72 hours prior to leaving, but theoretically it is potential to register at the last minute. An Esta tour Authorization is free, valid for 2 years, and valid for multiple entries.
Here are some frequently Asked Questions (Faqs) for Esta tour Authorization:
What Countries Are in 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, The Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovakia, Slovenia, South Korea, Spain, Sweden, Switzerland, and the United Kingdom.
Where Do I Apply for an Esta tour Authorization?
A website, operated by the American government, is where you register for Esta: esta.cbp.dhs.gov. The Esta facts you submit via the computer is compared with positive American law enforcement databases and then whether stylish or denied. Foreign travelers will not be able to submit Esta applications at American airports after arriving or at a U.S. Embassy in their country.
What if I Don't Have Plans to tour to the U.S. Yet?
Vwp travelers are not required to have exact plans to tour to the United States before they apply for an Esta tour Authorization. As soon as Vwp travelers begin to plan a trip to visit the U.S., they are encouraged to apply for tour authorization straight through the Esta website. Applicants are not required to update their destination addresses or itineraries if they convert after their Esta tour Authorization has been granted.
Does the Esta tour Authorization warrant Entry to the U.S.?
An Esta tour Authorization only authorizes a tourist to board an airline or ship for tour to the U.S. Under the Visa Waiver Program. After they arrive, travelers who obtained an Esta tour Authorization may still be denied entry (also called "admission") at a U.S. Port of entry, such as an American airport. An stylish Esta is not a warrant of admissibility at an American airport. In all cases, the American airport officers make the final estimation whether a foreign tourist can enter the U.S. Or not. You still have to create to the delight of the considering officer that you are entitled to be admitted to the U.S. Under the Visa Waiver Program.
Can I convert My tour Itinerary?
It is potential to convert an itinerary on an existing Esta tour Authorization; Esta is designed so that you can update parts of it at any time. Travelers who did not get an Esta approval may be denied boarding by the airlines, sense delayed processing, or be denied admission to the U.S. At the American airport.
What If I Already Have a Valid B1/B2 Visitor Visa?
While the Esta tour Authorization is completed online with no interview, there are Visas that wish a U.S. Embassy interview. The Visa process has isolate procedures, which commonly wish an appointment, tour to a U.S. Embassy, an interview with a Consular Officer, processing time, and the cost of an application fee. If a foreign national already went to the U.S. Embassy and has a valid B1/B2 Visitor Visa pasted in their passport it is not vital to get an Esta tour Authorization because the tourist will be entering with a B1/B2 Visitor Visa and not straight through the Visa Waiver Program. Keep in mind that an stylish Esta tour Authorization is not a Visa.
Can I Re-Apply for an Esta tour Authorization if Denied?
Yes, but you must wait at least 10 days to reapply and your circumstances must have changed. Unless there is a convert in a substantive fact, re-application will not convert the result. Keep in mind that applying for an Esta tour Authorization with false facts can cause a foreign national to be permanently barred from ever entering America. The Esta law is designed to try to preclude individuals from changing and manipulating an Esta entry until they receive an approval.
What If I am Denied an Esta tour Authorization and Have No Changed Circumstances?
There are three types of responses to an Esta application; approved, pending or tour not authorized (denied). Applicants who receive a "pending" response are advised to check the website 72 hours later. Applicants who are denied will be required to go to a U.S. Embassy to apply for a formal nonimmigrant visa, such as a B1/B2 Visa, which may take months.
Can a tourist Find Out the theorize Why an Esta Application was Denied?
The U.S. Dept. Of Homeland protection has stated that travelers may sense the Dhs tour Redress Inquiry agenda (Dhs Trip at dhs.gov) but there are no guarantees that facts about a denial will be divulged. U.S. Embassies and Consulates are not required to supply details about an Esta denial nor determine the issue that caused the Esta denial.
What If I Have a Criminal Record?
Only those grand to tour under the Vwp are eligible to pre-register straight through Esta. Persons who have been arrested and/or convicted are commonly not eligible for Vwp and probably wish a formal Visa, such as a B1/B2 Visa, to tour to America. If a foreign national has received tickets for speeding (which don't ordinarily succeed in an arrest or conviction) they are probably still eligible for the Vwp and Esta. If a foreign tourist has been denied entry into or deported from the U.S., they wish a formal Visa.
Do Any Other Countries Have a Similar Program?
Australia has a agenda called the Electronic tour Authority (Eta) that mandates travelers to submit an Eta application electronically straight through a website requesting permission to tour to Australia. Airlines may refuse to accept passengers who do not have whether an stylish Eta or Visa to enter Australia.
How Long Will the Esta Application Data be Stored? Who Can passage It?
The Esta tour Authorization is valid for two years or until the traveler's passport expires, whichever comes first. The American government will allege the facts for at least 15 years to allow retrieval of the facts for law enforcement, national security, or investigatory purposes. facts submitted straight through Esta can also be shared with any U.S. Government organization.
What facts Does the Airlines Get?
Airlines will receive confirmation of a passenger's Esta status visa the "Advance Passenger facts System" (Apis) which shows whether the Esta authorization has been granted for a Visa Waiver agenda traveler. It is recommended that the tourist print out the Esta application approval in order to allege a record of their Esta application whole and to have confirmation of their Esta status.
What About Children?
Accompanied and unaccompanied children, regardless of age, are required to fetch an independent Esta tour Authorization.
What if a Mistake was Made on the Esta Application?
The Esta website will ask applicants to characterize their application before submitting it. Also, there is an update function for positive facts such as email address, telephone number, or flight information. If an applicant makes a mistake that cannot be "updated," he will need to submit a new Esta application.
What if I Only Have a Connecting Flight straight through the U.S.?
Visa Waiver agenda visitors who have a connecting flight in the U.S. Are required to whether have Esta tour Authorization or a Visa from a U.S. Embassy in their passport to tour straight through the U.S. Even for a one hour stop. If a tourist is only planning to stop in the U.S. En route to an additional one country, the tourist should enter the words "In Transit" and his final destination in the address lines under the heading "Address While In The United States" on the Esta application.
What Are the Questions on the Esta tour Authorization Application?
The tourist must supply (in English) biographical data together with name, birth date, country of citizenship, country of residence, email address, sex, telephone number, passport information, destination address in the U.S., tour facts (round trip airline ticket, flight whole and city where you are boarding) as well as questions with regard to communicable diseases (chancroid, gonorrhea, granuloma inquinale, Hiv, leprosy, lymphogranuloma venereum, syphilis [active], tuberculosis [active], and others), physical or reasoning disorders, drug addiction problems, arrests, convictions, past history of visa cancellation or denial, and prior deportations from the U.S. The tourist will also be asked whether they are seeking work in the U.S., have ever been deported or tried to get a visa by fraud or misrepresentation. The tourist will be asked if they have ever detained a child of a U.S. Citizen granted custody of the child, and whether they have ever asserted immunity from prosecution.
Do I settle on "Business" or "Pleasure (Tourist) at the Airport Port of Entry?
After the Esta tour Authorization is granted, the foreign tourist will be interviewed by government officers at the first American airport they land. The officer will ask what the foreign tourist will be doing in America and the questioning can take up to four hours in a detained setting called "secondary inspection." The officer may ask the tourist "what else are you doing in America?" repeatedly to try to get "the real" answer. If the tourist is only going to be a tourist, they are not allowed to do any business, together with meeting with any attorneys, applying for a bank account, meeting with real estate agents, or other enterprise consulting activities. Even though the tourist is going to conduct just one enterprise meeting while in America, they are required to record it and enter as a enterprise visitor. The enterprise visitor is allowed to partake in tourist activities, but the tourist visitor is not allowed to partake in any enterprise activities. Therefore, if any enterprise might be conducted while in America, it is best to tell the government 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 life.
What Else Do Can the Airport Officers Make Me Prove After I Land?
The airport officers will ask the tourist proof of a foreign home (address on foreign driver's license), whether their intention is to depart at the end of the visit (round trip airline ticket), whether the tourist has a job (letter, paystub, enterprise card) and house in their home country, (marriage certificate, childrens' birth certificates), and whether the tourist has the money to tour nearby America (bank statement or reputation cards with bank letter showing reputation limit). The airport officers are also required to ask where the tourist will stay in America (hotel reservations or friends/relatives' homes) and have been known to pick up the phone to verify all of the aforementioned information.
Can I Be Searched in the American Airport? Am I Entitled to Legal Representation?
While being interviewed at the American airport, all luggage (even locked bags) can be searched, as well as the traveler's body and his/her cell phone (including text messages and phone numbers) and laptop (including hard drive). The officers may "google" a traveler's name and check out their myspace, facebook or hyves pages. The tourist is not allowed to be represented by an attorney or even call their attorney while in "secondary inspection." Bathroom visits, water and food may be limited, so it is best to get ready for such an opportunity while still on the plane before landing.
Do I Still Have to Go straight through the "Us-Visit" agenda at the American Airport?
Foreign travelers arriving at American airports and seaports must still be photographed and fingerprinted every time they enter the U.S.
Who Should I Ask For Help to Fill Out the Esta Application?
The facts a tourist provides on the Esta application can remain in their file with U.S. Authorities for a minimum of 15 years - probably longer. If a foreign tourist has some questions about how to write back the questions so as not to be permanently barred from America, it would be thrifty to them to pay for a legal consultation with an American Immigration Attorney who is a member of the American Immigration Lawyers connection (Aila). Beware of unauthorized incommunicable websites that offer Esta application assistance for .99 - they are ordinarily not authorized to institution immigration law and are asking travelers to pay for a copy of the application questions, which are free on the dhs.gov website.
If I Am Denied the Esta tour Authorization Will it succeed My ability to fetch a Visa at the U.S. Embassy?
When the Esta tour Authorization is denied, the foreign tourist must make an appointment at a U.S. Embassy in their country to apply for a formal Visa. The U.S. Embassy is operated by the U.S. Group of State and there are no expedited procedures for those who have been denied Esta tour Authorization. Because the Esta agenda is so new, it is impossible to predict how badly a denial of the Esta tour Authorization will impact a traveler's application for a Visa at a U.S. Embassy or impact their time to come tour to America in general. American Immigration Attorneys are in close sense with their foreign clients and will share the denial facts with each other starting in January 2009. Currently there are no government policies regulating this area of the law, or opportunities to petition a denial.
When Is the a "New" Esta tour Authorization Required?
A new Esta tour Authorization is required During the two years if (1) the tourist is issued a new passport (2) the tourist changes his name (3) the tourist changes his or her gender (4) the traveler's country of citizenship changes or (5) the circumstances basal the traveler's previous responses to any of the Esta application questions requiring a "yes" or "no" response have changed (such as a new arrest).
Can an American Immigration Attorney, tour Agent or manager Fill Out the Esta Application?
A third party, such as a relative, tour agent or American Immigration Attorney, is permitted to submit an Esta application on profit of a Vwp traveler. Be aware that the tourist is still responsible under the law for the answers submitted on his or her profit by a third party.
Over 68,000 travelers have already voluntarily registered by using the Esta online law in the last few months. Applicants are reminded to fetch a new "e-passport" which has an integrated computer chip capable of storing biographic facts from the data page, as well as other biometric information, when registering with Esta.
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