Contact
Subscribe


What's the Deal With ESTA? Visa Waiver Travelers, Listen Up

Mar 20, 2009
Guest Posts

ESTA is a web-based data collection system, initially launched by the Department of Homeland Security in August 2008, which determines the preliminary eligibility of visitors to travel “visa-free”, under the VWP, prior to traveling to the United States.

According to recent DHS data, more than 1.2 million ESTA applications have been received, and over 98% of applicants have been approved. DHS further states that will take a ‘reasonable approach’ to travelers who have not obtained an approved travel authorization via ESTA, and will continue an aggressive advertising and outreach campaign throughout 2009.

Travelers without an approved ESTA are advised, however, that they may be denied boarding, experience delayed processing, or be denied admission at a U.S. port of entry.

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.

Eight of these countries joined the VWP in 2008, and their citizens and nationals have been required to comply with an ESTA since their designation as VWP participants: the Czech Republic, Estonia, Hungary, the Republic of Korea, Latvia, Lithuania, Slovakia and Malta.

There has been some degree of confusion as to when and how ESTA applies. In brief, ESTA only applies to foreign nationals (Non-U.S. citizens) who are eligible to travel to the United States under the terms and conditions of the Visa Waiver Program, without a Visa or Green Card, or other government-issued permission.

Any person who needs a visa or has a visa already does not need to complete the ESTA process prior to traveling to the United States. Essentially anyone who would complete a WHITE I-94 card at arrival in the U.S., does not participate in ESTA. On the flip side, anyone who would normally complete a GREEN I-94W card at arrival in the U.S. MUST now complete ESTA.

While the ESTA is geared to eventually phasing out paper I-94W cards altogether, it is CBP’s current advice and recommendation to complete BOTH, the ESTA online, AND the paper I-94W card for inspection. It is further recommended that the ESTA-traveler bring a paper printout of their ESTA application response in order to maintain a record of their ESTA application number.

The ESTA application Web site has been made available in several languages and helps to guide VWP travelers through the application process.

Steven A. Culbreath, Esq

Immigration Lawyer

saculbreathlaw@tampabay.rr.com // steve@saculbreathlaw.com
http://www.saculbreathlaw.com/blog/

Immigration = Opportunities + Possibilities.
Let me show you how

Visit my website and blog. Contact me for a consultation

20 Comments
Tags , , , ,

20 Comments

  1. sukh  •  Apr 16, 2009 @12:27 am

    Hi Again,

    My h1-b application is still pending with USCIS. I have mailed sydney consulate if i am eligible for visa waiver program and got a reply that i can’t untill my application is still pending.

    My query is if i take back my h1-b application , am i eligible for visa waiver program.

    Regards

  2. sukh  •  Apr 16, 2009 @4:35 am

    Hi

    My ESTA has been approved under visa waiver program.
    BUt it says the entry to US still depends on customer and border security officer.
    I never had a criminal offence. And everything is fine about me .

    what are the reasons they can deny entry to US

    cheers

  3. admin  •  Apr 16, 2009 @8:54 am

    Hi Sukh,
    This a reply to both your posts. The final determination is left up to the Customs people at the airport to let you in the US. Now usually if you have approvals, visas, etc. they will let you through without a problem. In your case it may appear on your screen that you have a pending H-1B application and it may not, and they may ask you about it and why you are coming to the US now with a pending visa application.
    The H-1B quotas have not been exhausted this year so my guess if your company and your application is proper you will get an H-1B visa and be able to start in October working.
    CJ

  4. Sukh  •  Apr 16, 2009 @8:39 pm

    Thanks,

    Its already been 2 years since my company apply for visa
    and 11 months my application with USCIS. I believe its sensible if i go there on visa waiver program . And what if we revoke our H1-b application after getting
    j1-visa. Am i eligible for visa waiver program.

    Regards

  5. Sukh  •  Apr 16, 2009 @9:24 pm

    Hi ,

    I got a reply from consulate . There is no rule stating that i cannot use VWP , if my visa application is pending in consulate. As long as i dont have any intention to immigrate and work in usa.

    Regards

  6. admin  •  Apr 17, 2009 @7:45 am

    Your application may have been with USCIS for 11 months but they are only going to approve H-1B visas after April 1. Have you checked the status using your case number on the USCIS website?
    You are eligible for Visa Waiver if they don’t approve H-1B.
    CJ

  7. Sukhwinder  •  Apr 17, 2009 @11:04 pm

    Hi

    I got an email from melbourne consulate , it says my case have been reviewed and additional administrative processing is still going on. I am hoping for the best.I dont know how long it will take.

    Regards

  8. Alej  •  Apr 22, 2009 @5:50 pm

    Hi there,
    I was arrested a year ago, but the charges were dropped and did not result in any conviction. My travel agent signed me up for the VWP and my application was approved even though I have been arrested. I only have 5 weeks untill my trip. Is there anything I should be worried about? Now its approved I should be Ok from that side of things?

    Regards

  9. admin  •  Apr 22, 2009 @10:39 pm

    If you have done the ESTA and got the approval you will be fine if all else is in order.
    Enjoy your holiday.
    CJ

  10. nat  •  Apr 26, 2009 @8:45 pm

    Alej,

    An arrest without a conviction means nothing is held againts you at all – when it comes to visas or anything else for that matter: innocent until proven guilty and you were never proven guilty so there is nothing on record against you.

  11. Custom Building Products  •  May 18, 2009 @9:48 am

    I found your blog on google and read a few of your other posts. I just added you to my Google News Reader. Keep up the good work. Look forward to reading more from you in the future.

  12. Imran  •  Aug 19, 2009 @7:42 am

    Hi,

    Today i have applied and been given authorization to travel to the US under the Visa Waiver Program. Being a British born muslim i am rather concerned as within the past couple of years i have travelled to both Saudia Arabia as well as Pakistan. Hence i do see myself as somewhat of a target for the CBP.

    I intend to visit Las Vegas for one week some time soon. However the last thing that i want is to arrive and then be put back on a return flight. Am i able to apply for a US Visa despite arleady having cleared the Visa Waiver Program?

    As with a US Visa it would give me a little more comfort in the sense that i may actually be able to enjoy my holiday.

    Your reply would more than be appreciated

    Many Thanks

  13. admin  •  Aug 19, 2009 @10:42 pm

    Hi Imran,
    I feel for your situation as there is way too many incidents of profiling people just because of their race, religion and name. To be honest though whether you have a tourist visa like the B2 visa or have an approved ESTA waiver is essentially the same thing. That is the US Government have authorized you to enter the country.
    Look if like most people of all backgrounds, you are just a regular person with no criminal background, you will be let in and whether a US Customs and Border Protection officer asks you extra questions is really based on their own bigotry.
    Enjoy your holiday,
    CJ

  14. Imran  •  Aug 20, 2009 @4:10 am

    Many Thanks for your reply CJ !

  15. Beccy  •  Oct 25, 2010 @1:19 am

    HI CJ

    Thank you for this fantastic website! It is the most informative one i have found during my research on the E3 visa..

    I’m a Australian accountant with a bachelors in commerce and over 5 years working experience. I am planning on flying to New York in March to look for work and (fingers crossed if I get a employer willing to sponsor me) apply for my E3 visa at a US consulate in Vancouver, Canada as I have friends there.

    My question is do I need to apply for an ESTA and wait until it is approved under the visa waiver program before I fly out to New York?

    If so, does this mean I have to apply for my E3 visa in Australia?

    Or, can i enter the US without applying for my ESTA and stay until I find a employer willing to sponsor me..

    Your reply would very much be appreciated.. Thanks for your time :)

    Beccy

  16. Sid  •  Dec 6, 2010 @5:03 am

    HI CJ,

    I am in a bit of a delima here and was hoping i could get some advise from you.

    I am an Australian Citizen working towards getting an 3E visa. Can i use the VWP (visa waver programme) to go to USA and look for a job? Can i be honest with the CBP and other officials about it because there is a question on the ESTA and I-94W that says “are you seeking a job in USA?” answering YES to which seems like visa will not be granted.

    Would disclosing my purpose of looking for a job put my VWP travel into jepordy?

    I thank you for your time and effort and would appreciate some help.

    Warm Regards
    SID.

  17. Adele  •  Jan 25, 2011 @8:45 am

    Hi there
    I am an Australian citizen and I have a current valid ESTA. I also have a pending E3 application. Can I travel to the US on the ESTA before the E3 is approved? My employer wants me to go there for some meetings but I am not sure if that will jeopardise the E3 being approved…
    Many thanks
    Adele

  18. e3visa  •  Feb 6, 2011 @4:27 am

    Hi Adele,
    No if you have a pending E3 Visa application you certainly shouldn’t travel to the US until you receive a decision or you cancel the process.
    Cj

  19. miriam  •  Feb 13, 2011 @12:27 pm

    Is the ESTA visa waiver I was given in December 15 2010 valid for a second visit to the US in Feb 2011?

  20. Leenie  •  Apr 15, 2011 @3:57 pm

    Hey there, I’m an Australian who is currently in America on an ESTA. I’ve decided I want to apply for an E3 visa, am looking for a company who will sponsor me which shouldn’t be a problem. Should I leave the country just before it expires, then apply for it outside of the country? I have to leave the country right? Please give me some advice!

Leave a Reply

Allowed tags: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>

CAPTCHA Image
*



  • US Immigration and US visas are not much fun and most sites have no practical information at all. We hope we can help you Live, Study & Work in the USA!