USCBP Begins Transition Period to Enforce ESTA for Visa Waiver Program Applicants

Henry Chang | January 25, 2010 in United States Immigration | Comments (0)

In a January 19, 2010 press release, United States Customs & Border Protection (USCBP) reminded U.S.-bound travelers from Visa Waiver Program (VWP) countries that they must register under the Electronic System for Travel Authorization (ESTA) in order to continue using the VWP. ESTA is an electronic travel authorization that all citizens of VWP countries must obtain prior to boarding a carrier to travel by air or sea to the United States under the VWP. The requirement does not affect U.S. citizens returning from overseas or citizens of VWP countries traveling on a valid U.S. visa.

Technically, ESTA has been mandatory for VWP travelers since January 12, 2010. According to USCBP, beginning January 20, 2010, it will initiate a 60-day transition to enforced ESTA compliance for air carriers. Its press release states that VWP travelers without an approved ESTA “may not be allowed to board a U.S.-bound plane.” This presumably means that during the transition period, travelers who do not have an approved ESTA may be giving a warning initially and then denied boarding on subsequent applications unless they obtain an ESTA during the transition period. However, it could also mean that they could be admitted or denied at the discretion of the inspecting officer.

ESTA applications may be submitted at any time prior to travel, and once approved, generally will be valid for up to two years or until the applicant’s passport expires, whichever comes first. Authorizations are valid for multiple entries into the U.S.

VWP travelers are required to log onto the ESTA Website and complete an online application. The web-based system prompts applicants to answer basic biographic and eligibility questions typically requested on a paper I-94W form; ESTA is expected to completely replace the paper I-94W in the coming months. A third party, such as a relative, a friend, or a travel agent, may submit an application on behalf of a VWP traveler.


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