Entering the U.S. Without the Need of a Visa or Passport

ESTA – Electronic System for Travel Authorization

Visa Waiver Program (VWP) travelers will no longer need to fill out form I-94W while en route to the United States. Instead, VWP travelers will be filing out an Electronic System for Travel Authorization (ESTA) application online before travel. VWP travelers can enter the United States without the need of a visa or passport.

Since the application will be completed online as an automated process, it will determine an individual’s eligibility to travel rather quickly. A traveler may know their VWP eligibility almost immediately. It is recommended by the Department of Homeland Security (DHS) to complete the ESTA as soon as plans for travel to the U.S. are in place and no less than 72 hours before travel.

Once the ESTA is approved it will be valid for up to two years or until the traveler’s passport expires, whichever comes first. Also, a person with an ESTA approval will be able to enter the U.S. multiple times. However, ESTA does not guarantee admissibility to the U.S. at the ports of entry, it only approves and authorizes an individual to board a carrier, whether it be an airplane or vessel, bound to the United States. CBP officers are the ones who decide on admissibility determinations at the U.S. ports of entry; visit www.cbp.gov/travel for more information on the subject.        

ESTA will become mandatory in January 2009 after a 60 day notice is implemented in November 2008 by the DHS. However, a traveler may voluntarily complete the ESTA beginning August 1, 2008.

Keep in mind that ESTA is only required for VWP travelers who are traveling to the U.S. for temporary business or pleasure. VWP travelers are eligible citizens or nationals of certain countries who are permitted to travel to the U.S. for tourism or business for stays of 90 days or less without obtaining a visa. Additional information regarding the VWP is available at http://www.customs.gov/xp/cgov/travel/id_visa/business_pleasure/vwp/vwp.xml

Also, for a list of countries where citizens or nationals are eligible to travel to the U.S. under the VWP visit: http://www.dhs.gov/xnews/releases/pr_1212501117599.shtm

With these new measures, the hope is that soon the exemption of tourist or business visas needed to enter the United States will be implemented. As a result, if the ESTA and VWP open to more countries then more people will have the opportunity to visit the U.S. on a greater scale.   

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Contributed by Genilde E. Guerra, Attorney at Law
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