The Electronic System for Travel Authorization (ESTA) is now mandatory for all Visa Waiver Program (VWP) Travelers

On November 13, 2008, the Department of Homeland Security (DHS) published this notice requiring travelers using the Visa Waiver Program (VWP) to obtain authorization to use the VWP through this DHS website for travel on or after January 12, 2009.  Prospective VWP travelers must be prescreened by the DHS through ESTA before travel.  The airline is now required to electronically verify with the United States Customs and Border Protection (CBP) that VWP travelers have an approved travel authorization on file.  Applications must be submitted through the ESTA at least 72 hours prior to travel and authorizations are currently valid for two years.  All VWP travelers must comply, even non-ticketed infants.  However, authorizations merely confirm that VWP travelers are allowed to use the VWP and do not guarantee admission to the US.

Applicants must provide the following information for travel authorization.  Name, sex, date of birth, country of citizenship, country of residence, telephone number, email address, passport number, passport issuance and expiration date, passport issuing country, airline and flight information including boarding city, destination address in the US and must answer the following questions.

A) Do you have a communicable disease; physical or mental disorder; or are you a drug abuser or addict?

B) Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance; or been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years or more; or been a controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities?

C) Are you seeking to work in the U.S.; or have you ever been excluded and deported; or been previously removed from the United States; or procured or attempted to procure a visa or entry into the U.S. by fraud or misrepresentation?

D) Have you ever detained, retained, or withheld custody of a child from a U.S. citizen granted custody of the child?

E) Have you ever asserted immunity from prosecution?

Posted on November 20, 2008 at 9:10 pm by Immigration Lawyer Peter Messersmith · Permalink
In: Visa Waiver Program · Tagged with: ,

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