How To: Use ESTA – correctly

The new online registration system by the name of ESTA (Electronic System for Travel Authorization) took effect on January 12, 2009. Since that date, persons traveling to the US for a maximum of 90 days under the Visa Waiver Program have to register electronically and submit an online application.

The media covered this extensively, but not always correctly. In order to prevent misunderstandings, we compiled some questions and answers for your information.

Question: Can I only apply for ESTA registration three days prior to departure?

Answer: No, quite the opposite. In order to make sure you get your ESTA registration in time, you should apply at least 72 hours prior to departure. It is advisable to apply here as soon as you have your travel data such as the flight time and date, flight number, length and location of your stay. If any of your travel data changes after you applied you must update your information on the above mentioned website.

Question: Is the registration a substitute for form I-94 handed out on board the plane?

Answer: No, you will still have to fill out form I-94 and present it to the immigration official at border control at the airport or port. It is very important that the lower part of the I-94, which will be attached to your passport, be removed again at departure by an employee of your travel organization! This is important since it is the only way for USCIS to document whether a person has indeed left the United States.

Question: Do all travelers to the US have to file an ESTA application?

Answer: No, US visa holders do not have to file an ESTA application. Not even if the passport that holds the still valid visa has expired. In this case, you have to wait until a new passport has been issued before traveling to the US. Please note that visas cannot be transferred to another passport, you will have to have both passports on you to enter the US.

All other travelers under the Visa Waiver Program have to apply for ESTA, also babies and children. It is highly unlikely that any exceptions will be granted at the US borders. US immigration officials cannot and will not take any individual concerns into consideration.

Question: Does the application process verify that my passport is valid for admission into the US?

Answer: No, that’s why it is vitally important to make sure the passport meets the necessary requirements. All travelers (including babies and small children) will need a passport that

-         has been issued or extended before October 26, 2005 and is machine-readable

-         has been issued on or after October 26, 2005 and already contains biometric information (biometric photograph)

Important: As of May 1, 2006, preliminary passports are no longer valid for travel to the US under the Visa Waiver Program. Holders of such passports either have to apply for a biometric passport or a tourist visa. Regular biometric express-passports, by the way, are usually issued within a matter of days by a lot of passport offices. Children’s passport issued before October 26, 2006, are still valid for admission into the US. Passports issued on or after this day can no longer be used for visa-free travel, since those are not machine-readable, electronic passports. In this case, a new passport or a visa is required. Important: Child ID’s are not valid for visa-free travel in general! For German citizens, the passport has to be valid for at least the duration of the stay. Citizens of certain other countries will need a passport that will be valid for at least six months after the stay.

What happens if the ESTA application is rejected?

In that case you have to apply for a US visa before traveling to the US. We strongly advise against trying to enter the US anyway. The American Dream GmbH will be happy to advise and assist you in any way.