How To: use the new Travel Authorization System ESTA

As you could already read in our Breaking News section, starting January 12, 2009 all nationals of those countries participating in the Visa Waiver Program (VWP) who are traveling to the US for private or business purposes temporarily have to register with the ESTA system prior to boarding a ship or plane. We have compiled for you the most important questions and answers concerning these new entry regulations.

WHAT IS ESTA?

The US Department of Homeland Security (DHS) has announced the Electronic System for Travel Authorization ESTA, which is a direct result of the Commission Act of 2007 by the 9/11 Commission. With this, the US are introducing a new online-based system as a part of the Visa Waiver Program (90-day stay in the US). When ESTA takes effect, all nationals of Visa Waiver countries who want to temporarily travel to the US for private or business purposes will need ESTA approval prior to boarding a ship or plane to the US.

This only applies to travelers who travel to the US without a visa. This means that visa holders (e.g. B-, E-, or L-visa) will still just complete form I-94 on board the ship/plane. Also VWP travelers will still have to complete the I-94, despite their ESTA registration prior to departure!

HOW DOES ESTA WORK?

In order to apply for an entry permit into the US under the VWP, travelers have to log in to the online ESTA system and complete an online application with personal and other data. The homepage https://esta.cbp.dhs.gov is not yet available. At first the website will only be available in English, but further languages will have been added by October 15, 2008 at the latest. Based on the submitted data, your eligibility for visa-free travel will be determined. The data requested on the ESTA application is the same as that requested on the I-94 Arrival-Departure Record (ship/plane). After you have successfully completed the ESTA application and submitted it online, your data will be checked against the relevant databases of the law enforcement authorities i.e. be subject to a security screening. The DHS saves the data for one year and then stores in the archives for another twelve, meaning your data can be accessed at any time for prosecution or investigation purposes. By the way, accompanied or unaccompanied children must, regardless of their age, have their own ESTA approval and their own VWP entry permit.

HOW DO I FIND OUT WHETHER I CAN USE THE VWP OR NOT?

In most cases, the ESTA system will determine almost immediately whether you will be admitted under the VWP or not. However, as of yet there are no empirical values on how long you have to wait for a DHS response. Currently, the estimate is 72 hours (so up to three days!!).

The following responses to your online application are possible:

-         Authorization Approved

-         Travel Not Authorized

-         Authorization Pending

 

HOW LONG IS AN APPROVED ESTA AUTHORIZATION VALID?

If you have obtained an entry permit via ESTA

-         this will be valid for a maximum period of two years or, if your passport expires before that, until the expiration date on your passport

-         this will be valid for multiple entries into the US

IMPORTANT: ESTA approval does not guarantee you admission into the US at the border. ESTA approval only allows you to board a ship or plane to the US under the VWP. In all cases, the immigration officials at your port of entry will decide whether you will be admitted into the US and for how long.

WHAT HAPPENS, IF MY APPLICATION IS NOT APPROVED BY ESTA?

If you do not get ESTA approval for visa-free travel to the US, you will be referred to the US consulate in your home country. You will have to apply for a visa (e.g. B-2 visa) there.

IMPORTANT: you will not be admitted into the country without that visa!

IS AN ESTA APPLICATION ABSOLUTELY REQUIRED?

VWP travelers who do not have ESTA approval after ESTA takes effect can be denied boarding their plane or ship. In that case, they will face longer waiting times! Without ESTA approval you may be completely denied admission into the country at the US border, and (according to current information) that is the way it is certainly going to be.

HOW SOON IN ADVANCE CAN I OR SHOULD I APPLY FOR ESTA?

ESTA applications can be submitted any time prior to departure. We strongly recommend to apply in good time, as soon as you start planning your trip. You should apply 72 hours prior to departure at the latest. Specific plans for your trip are, according to US authorities, not necessary prior to application. If, for example, your destination address or other travel date changes after your application has been approved, you can simply update your information on the ESTA homepage. The ESTA system is supposed to be flexible enough to still allow for last minute trips or emergencies. It remains to be seen, however, how that is going to work in practice.

We would like to advise you to register as early as possible, in order to make sure that everything will work out!

WHEN CAN I USE ESTA OR WHEN WILL I BE REQUIRED TO USE ESTA?

Starting August 1, 2008, the US Department of Homeland Security will accept voluntary ESTA applications via the ESTA website https://esta.cbp.dhs.gov. The homepage is not yet activated. ESTA will be mandatory for all VWP travelers starting January 12, 2009.