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July/August 2008

>> Newsletter Home     >> July/August 2008     >> Article 10

DHS To Accept Voluntary Electronic System for Travel Authorization (ESTA)

Beginning August 1, 2008, the Department of Homeland Security (DHS) will accept Electronic System for Travel Authorization (ESTA) applications on a voluntary basis. The ESTA program will become mandatory for visa waiver program (http://travel.state.gov/visa/temp/without/without_1990.html#countries) travelers in January 2009.

ESTA is an automated system that determines the eligibility of citizens from VWP countries to travel to the United States. Rather than travel to the U.S. and face a possible finding of ineligibility to enter the U.S. under VWP, VWP nationals will enter their information online before traveling to the U.S. and will not be allowed to board a transport to the U.S. without first receiving clearance. If approved, the authorization will grant holders multiple entries for a maximum of two years, or until the traveler’s passport expires; whichever occurs first. Citizens from VWP countries can then travel to the U.S. for a temporary period of 90 days without first obtaining a B1 or B2 visa stamp from a U.S. consulate, as is the case under the current VWP. However, travelers should be aware that Customs and Border Protection (CBP) officers will continue to make admissibility determinations at the U.S. port of entry, and will grant each entry for maximum of 90 days. ESTA approval only grants authorization to board a carrier for travel; it does not guarantee admission into the U.S. The General Accounting Office (GAO) has recently reviewed this change to the VWP and has warned that the result may be a large increase in the number of nonimmigrants from VWP countries forced to obtain nonimmigrant visas in order to travel to the U.S. due to VWP ineligibility. This will result in increased processing times and backlogs at visa issuing posts in these countries.

GT will continue to monitor this process and provide updates as they become available.

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