Integrity Legal

Those familiar with this blog may recall that new measures have been implemented that can have an effect upon those traveling to the United States on the Visa Waiver Program. The Department of State (DOS) recently released a cable which outlines soon-to-be implemented changes to the Electronic System for Travel Authorization (ESTA). The following is quoted directly from the Department of State Cable as distributed by the American Immigration Lawyers Association (AILA):

Summary: This cable provides additional information on implementation of the Travel Promotion Act of 2009 (TPA) and fee collection for the Electronic System for Travel Authorization (ESTA), requests posts to engage in outreach, and provides talking points. End summary.

3. As previously reported (Ref a), President Obama signed the TPA into law on March 4, 2010. The TPA will create a partnership between the U.S. government and the private sector to market the United States as a travel destination for international visitors. Fees collected from international travelers from Visa Waiver Program (VWP) countries, matched by private sector contributions, will fund the Corporation for Travel Promotion. The fees will be collected through the ESTA system, which the Department of Homeland Security (DHS) administers.

4. On August 6, 2010, DHS announced an interim final rule that amends DHS regulations to require travelers from VWP countries to pay operational and travel promotion fees when applying for ESTA beginning September 8, 2010. The total fee will be $14.00, with $4.00 to recover the cost of administering the ESTA system and $10.00 as mandated in the TPA.

5. The Department is working with DHS and the Department of Commerce to notify foreign and domestic media, the travel industry, and other stakeholders about this change. The Department requests that consular officers in VWP countries, in coordination with DHS and Commerce representatives, meet with host government officials, and airline, tourism, and other stakeholders to inform them of the new fee provisions connected to ESTA. Please contact the ESTA Program Management Office [redacted] for outreach materials or requests for ESTA representatives to travel in-country. They will do their best to accommodate. This cable is being sent as an ALDAC to facilitate all posts answering questions from citizens of VWP countries and the general public.

6. The Department supports the TPA goal of attracting international visitors to the United States. Our greatest diplomatic tool for sharing American values is America itself, and we recognize the critical importance of travel and tourism to our economy and job creation. The Department looks forward to working with the Corporation for Travel Promotion to ensure that prospective visitors to the United States receive comprehensive, up-to-date information on travel documents and requirements for entry.

The Travel Promotion Act mentioned above will likely have significant consequences for those foreign nationals traveling to the United States pursuant to the conditions of the visa waiver program. Therefore, those originating in a country that has visa-free travel privileges to the USA may be wise to research both the US Visa Waiver Program and the ESTA program. Fortunately, the aforementioned cable also included a Frequently Asked Questions Section. The following FAQ’s were quoted from the previously mentioned DOS cable distributed by AILA:

Q. What is the new fee charged to travelers?
A. It is $14.00. Since the implementation of ESTA, DHS has had discretion to charge a fee to cover administrative costs. DHA determined that cost to be $4.00 per registration. The TPA fee adds an additional $10.00.

Q. When will the fee go into effect?
A. ESTA registrations on or after September 8, 2010, will be subject to the fee.

Q. How do travelers pay the fee?
A. At this time, payment is required through the following credit cards: Mastercard, Visa, American Express, and Discover. Payments can also be made with a debit card that holds the Visa or Mastercard symbol. Please check with your bank on the compatibility of your debit card. We are continuing to explore other payment measures. The ESTA registration form already in use will walk users through the payment process.

Q. What types of privacy protection exist on the website?
A. “Pay.gov” uses advanced encryption to protect transactions while applicants are logged in. When accessing a profile, any account numbers entered will be masked on-screen.

Q. How long are ESTA approvals valid?
A. Each approved ESTA application will be valid for a period of two years unless the traveler’s passport expires sooner. It allows for multiple visits to the United States within that application.

Q. If I have a valid ESTA, will I have to re-register when the new fees go into effect?
A. No, existing ESTA registrations remain valid for travel through their expiration date.

Q. Is ESTA approval like a visa?
A. An ESTA approval is not a visa under U.S. law, nor does it confer the same benefits as a visa.

Q. Will this attract more international visitors to the United States?
A. Oxford Economics, a leading economic forecasting consultancy, estimates that the TPA program will generate $4 billion in new visitor spending, and lead to the creation of 40,000 new jobs.

Q. Why do VWP countries have to fund this travel promotion program through ESTA fees?
A. Some countries fund tourism promotion through airline or hotel taxes. The Travel Promotion Act legislation specified that the U.S. government fund this program through a $10 fee added to ESTA registration.

8. The following are Visa Waiver Program member countries: Andorra, Australia, Austria, Belgium, Brunei, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, The Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovakia, Slovenia, South Korea, Spain, Sweden, Switzerland, and the United Kingdom…

At the time of this writing, the Kingdom of Thailand is not a member of the United States Visa Waiver Program. Therefore, ESTA rules have little impact upon most Thai nationals. That said, as pointed out in previous blog posts, relevant regulations may require those who have been issued a 221g refusal to disclose this refusal as a “visa denial” for purposes of travel to the USA on the Visa Waiver Program. It would seem that at the time of this writing the Department of State and the United States Customs and Border Protection Service (USCBP), an agency under the authority of the US Department of Homeland Security, view 221(G) refusals differently. Those who have been issued a 221g who still wish to travel to the United States may be wise to contact a US lawyer in order to deal with a pending 221g refusal.

Those who are from countries that do not participate in the Visa Waiver Program should seek a US visa before traveling to the USA. For information about the US Tourist Visa please see: B2 visa.

Tags: 221(g) refusal, 221g, 221g denial, B2 Visa, Department of Homeland Security, DHS, Electronic System for Travel Authorization, ESTA, United States Customs and Border Protection Service, US Tourist Visa, US Visa Waiver Program, USCBP, Visa Waiver Program
Posted in American Institute Taiwan, Department of Homeland Security, US Consulate ChengDu, US Consulate Chennai, US Consulate Chiang Mai, US Consulate Guangzhou, US Consulate HCMC, US Consulate Hyderabad, US Consulate Kolkata, US Consulate Mumbai, US Consulate Shanghai, US Consulate Shenyang, US Consulate Singapore, US Consulate Wuhan, US Embassy Bangladesh, US Embassy Beijing, US Embassy Burma, US Embassy Cambodia, US Embassy China, US Embassy Dhaka, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Jakarta, US Embassy Japan, US Embassy Kathmandu, US Embassy Kuala Lumpur, US Embassy Malaysia, US Embassy Maldives, US Embassy Manila, US Embassy Myanmar, US Embassy Nepal, US Embassy New Dehli, US Embassy Papua New Guinea, US Embassy Philippines, US Embassy Phnom Phen, US Embassy Port Moresby, US Embassy Rangoon, US Embassy Singapore, US Embassy South Korea, US Embassy Sri Lanka, US Embassy Thailand, US Embassy Tokyo, US Embassy Vietnam, US Embassy Yangon, US Tourist Visa, US Visa, US Visa and Immigration, USCBP, us embassy bangkok | No Comments »

Since the recent worldwide economic downturn the global tourism industry has suffered a great deal. Much can be attributed to the fact that people have less disposable income, but others are of the opinion that increased promotion may be the key to dealing with this issue. In the United States, the government and business leaders have devised a plan to promote more travel to the USA. To quote a recent posting on CNN’s website:

“President Obama signed legislation into law Thursday to create the United States’ first national travel promotion program…The act will create a nonprofit Corporation for Travel Promotion that will promote the United States as a travel destination and explain travel and security policies to international visitors…”

One aspect of the new program that is stirring up some resentment is the addition of a $10 fee that much be paid by those wishing to enter the United States on the visa waiver program (not to be confused with an I-601 waiver of inadmissibility):

“A $10 fee charged to visitors from countries included in the Visa Waiver Program will partially fund the public-private organization. These visitors will pay the fee every two years when they register online using the Department of Homeland Security’s Electronic System for Travel Authorization…”

As readers may recall, The Electronic System For Travel Authorization (ESTA) is used by those who wish to seek entry into the USA on a visa waiver. This system pre-screens foreign entrants for security purposes. As mentioned previously, tourism around the world is declining, but this program may provide stimulus to this sector of the US economy:

“Despite strong global growth in long-haul international travel between 2000 and 2008, the U.S. welcomed 633,000 fewer overseas visitors in 2008 than it did in 2000, according to figures from the U.S. Department of Commerce. Oxford Economics, an economic consulting and forecasting company, estimates a well-executed promotional program would draw 1.6 million new international visitors annually and generate $4 billion in new visitor spending.”

It remains to be seen how this program will work, but certainly encouragement of tourism is necessary. However, some have questioned how requiring a new fee for travel to the United States will encourage tourism. This is certainly a valid point as increased restrictions on travel for so-called “visa waiver countries” may be one of the reasons behind decreased tourism. There are those who have called ESTA a new type of visa and now that there is a charge for the service it is beginning to become a sort of online visa. That being said, balancing security and economic concerns is difficult.

This new law will likely have very little impact for those from Thailand as Thai nationals do not enjoy “visa waiver” privileges. For this reason Thai nationals must apply for a US tourist visa if they wish to enter the US for recreational purposes. Further, Thais wishing to travel to the US to be with a fiance or spouse must apply for either a K1 visa or a US marriage visa before they will be able to be lawfully admitted.

Tags: Electronic System for Travel Authorization, ESTA, I-601, I-601 Waiver, I-601 Waiver Thailand, I601, I601 Waiver, I601 waiver Thailand, K-1 Visa, K1 Visa, K1 Visa Thailand, US Marriage Visa, US Marriage Visa Thailand, US Tourist Visa, US Tourist Visa Thailand, US Visa, US Visa Waiver Program, Visa Waiver, Visa Waiver Program
Posted in K1 Visa, K1 Visa Thailand, US Tourist Visa, US Visa Thailand, US Visa and Immigration, US Warrants | 1 Comment »

There are some countries whose nationals have the right to travel to the United States of America without first obtaining a visa. The US Visa Waiver Program (VWP) was designed to allow certain foreign nationals visa-free travel to the United States. The visa waiver program should not be confused with an I-601 waiver of the grounds of inadmissibility.

Since September 11, 2001 the the Department of Homeland Security, United States Customs Department, United State Immigration and Citizenship Service (USCIS), the Transportation Safety Authority, and other United States Federal agencies have been formulating ways to better maintain security with regard to international travel. It was determined that the Visa Waiver program might be used by possibly hostile parties as a method for entering the United States in order to conduct harmful activity. As a result of this policy decision, the US authorities have attempted to implement a precreening process for thse entering the United States via the Waiver Program. This process is known by its acronym: ESTA.

The Electronic System for Travel Authorization (ESTA) was made operational under Section 217 of the Immigration and Nationality Act, as amended by Section 711 of the “Implementing Recommendations of the 9/11 Commission Act of 2007,” Pub. L. No. 110-53. The Act compelled the Department of Homeland Security to institute a systematic method to verify the fitness of travelers to the USA and make sure such travelers pose no imminent threat to American safety.

The ESTA is a no-cost, fully computerized program used to ascertain the qualifications of those traveling to the United States of America through the use of the American Visa Waiver Program. The Electronic System for Travel Authorization gathers similar information as that required on Form I-94W. An ESTA application can be tendered at any point before traveling to the United States of America. That being said, the United States Customs and Immigration Service (USCIS) and the Department of Homeland Security advise that travelers submit an ESTA application when they begin setting a travel itinerary.

As of January 12, 2009, those who are citizens of any country that participates in the Visa Waiver Program must obtain travel approval from ESTA before they will be allowed to enter the USA under VWP.

Some people are under the misconception that ESTA is a visa.  An ESTA approval is not a visa. Instead it is a prescreening for entry into the United States visa free.

For those who have trouble with the English language, the website has been translated into Czech, Danish, Dutch, Estonian, Finnish, French, German, Hungarian, Icelandic, Italian, Japanese, Korean, Latvian, Lithuanian, Norwegian, Portuguese, Slovak, Slovenian, Spanish, and Swedish.

(Please note: this is intended for educational purposes only and does not constitute legal advice. No attorney/client relationship is created between author and reader).

Tags: DHS, Electronic System for Travel Authorization, ESTA, US Immigration, USCIS, Visa Waiver, Visa Waiver Program, VWP
Posted in Visa Waiver | 2 Comments »

Visa Waivers are often accorded to nationals from countries that have a long standing relationship with the USA. Currently, the Kingdom of Thailand is not a participant in the US Visa Waiver Program, therefore, anyone wishing to travel to the USA on a Thai passport must obtain some sort of American Visa.

The US Visa waiver program should not be confused with a waiver of excludability which is usually necessity after a US visa denial based upon a legal ground of inadmissibility. The US Visa Waiver Program (VWP) was created to allow certain foreign nationals entry into the United States visa-free.

In the mid-1980’s, the US Immigration Reform and Control Act integrated the Visa Waiver Pilot Program into the United States Immigration and Nationality Act (INA). The Visa waiver initiative remained a pilot program until October 30, 2000. At that time, the Visa Waiver Permanent Program Act made the program a permanent fixture of immigration law. The Visa Waiver Program’s legal foundation is stipulated in section 217 of the United States Immigration and Nationality Act. In 2007, the addition of section 711 of the INA created measures to strengthen the security of the Visa Waiver Program.

The Secretary of Homeland Security and the Secretary of State, may assign a nation as a participant in the Visa Waiver program if:

1. The nation grants similar travel rights to Americans;
2. The nation has attested that it dispenses electronic passports that contain data storage chips;
3. The nation started issuing such Passports to its citizens on or before October 26, 2006.
4. The Secretary of Homeland Security and the Secretary of State prepare a report calculating the effect the country’s VWP authorization upon US security; and
5. The Secretary of Homeland Security and the Secretary of State decide that the nation’s inclusion in the program will not damage American security interest, this includes issues involved in the enforcement of US Immigration law.

Who can enjoy the Visa Waiver Program?

The nationals of the following countries are eligible to enter the USA under the Visa Waiver Program: Andorra, Austria, Australia, Belgium, Brunei, Denmark, Estonia, Finland, France, Germany, Hungary, Iceland, Ireland, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Monaco, the Netherlands, New Zealand, Norway, Portugal, Republic of Korea, San Marino, Singapore, Slovakia, Slovenia, Spain, Sweden, Switzerland, and the United Kingdom (With regard to United Kingdom Passports, Only UK passports denoted as “British Citizens” and/or “with unrestricted right of abode in the United Kingdom” are eligible for entrance to the USA under the Visa Waiver Program. Those holding passports designating that the bearer is a “British Subject,”  “British Dependent Territories Citizen,” “British Overseas Citizen,” or “British National [Overseas],” cannot enter the United States through the Visa waiver program.)

In order to enter the USA visa-free on the Visa Waiver Program an entrant must first use the Electronic System for Travel Authorization.

(Please note: Nothing contained herein should be used as legal advice. No attorney-client relationship is created by reading this piece.)

Tags: American Visa Thailand, Electronic System for Travel Authorization, US Immigration, US Visa, us visa denial, visa denial Thailand, Visa Waiver, Visa Waiver Program, VWP
Posted in US Visa and Immigration, Visa Waiver | No Comments »