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Posts Tagged ‘ESTA’
6th MAR 2010
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.
15th DEC 2009
221(G) Denials, ESTA Authorization, and US Immigration
Posted by : admin
When visa applications are submitted they process through the US Immigration system. The process depends upon the type of visa being sought. In situations in which applicants are seeking a K1 visa, K3 visa, CR1 visa, or IR1 visa the process is often routine, but many get through the entire process to find themselves confronted with a 221(g) refusal. AILA recently distributed an article dealing with this issue as it now has an impact upon those who utilize the Visa Waiver program and ESTA (the Electronic System for Travel Authorization) when traveling to the USA. To quote the publication’s section on 221(g) refusals:
“Section 221(g) of the INA provides for a temporary refusal when an otherwise qualified visa applicant is found to be lacking a specific document, or when a consular officer determines that additional security clearance is required. Consular officers beneficially use 221(g) as a way of affording applicants every opportunity to supplement their applications in order to address concerns – such as possible fraud – that arise at the visa interview. Once the deficiency is satisfied, or the concern resolved, 221(g) refusal is “overcome” and the visa may be issued.”
221(g) denials can truly be a boon to both the Consular Officer and the Immigration attorney as it provides a clear indication of what needs to be presented in order to facilitate visa issuance. That being said, Consular Officers can re-issue 221(g) refusals, but this rarely occurs as many officers seem to make a point of ensuring that all other documents are compiled before issuing an initial 221(g).
Many people wish to know information regarding common reasons for 221(g) refusal. AILA provides a brief overview of the common reasons for this type of denial. To further quote the aforementioned publication:
“1. The applicant is asked to provide additional supporting documents, such as proof of local employment;
2. The applicant is employed in a field listed on the Technology Alert List (TAL) and the consular officer requests a Visas Mantis Security Advisory Opinion (”SAO”). (This is one of the most common scenarios in which applicants in India, China and elsewhere are told their applications require “administrative processing.”)
3. The consular officer requests an Advisory Opinion from the Visa Office on the applicability of one of the statutory grounds of inadmissibility.
4. There are no empty visa pages in the applicant’s passport, or the application photograph does not meet quality standards.
5. The applicant’s petition approval is not yet listed in PIMS.”
In many cases, 221(g) refusals are routine and they usually do not have a detrimental impact upon travelers to the USA. However, in recent months it has been announced that the Customs and Border Protection (CBP) Service treats 221g refusals as denials when posing the question “have you ever been denied a visa to the USA” on the ESTA registration form. It would appear that the ESTA system “red flags” those who have been “denied” a prior visa and asks that some of these applicants receive an actual visa (in most cases a US tourist visa) before traveling to the USA which could cause delays to those wishing to enter the country.
Currently, the Kingdom of Thailand does not participate in the American Visa Waiver Program so this issue with CBP will have little impact for Thai nationals traveling to the United States. However, people in Thailand who hold the nationality of a country which participates in the Visa Waiver Program may be effected by this new regulation if they are presented with a 221(G) denial by a Consular Officer at the US Embassy in Bangkok.
6th NOV 2009
The Visa Waiver Program, 221g denials, and ESTA
Posted by : admin
The United States visa waiver program, not to be confused with an I-601 waiver, allows citizens from certain countries to enter the United States of American without obtaining a visa prior to arrival. In recent years the United States government has implemented ESTA, also known as: the Electronic System for Travel Authorization. ESTA requires that travelers wishing to enter the country on a visa waiver inform the US Immigration authorities prior to arrival so that a pre-screening can be conducted. The United States Department of Homeland Security’s Customs and Border Protection (CBP) Service is tasked with monitoring those seeking travel clearances using the ESTA system. Recently it has been reported by the American Immigration Lawyers Association (AILA) that 221g denials must be reported in the ESTA form, to quote AILA directly:
“CBP recently informed AILA that it, after consultation with the Department of State (DOS), is classifying all §221(g) actions on visa applications as visa “denials.” Thus, Visa Waiver Program (VWP) applicants, who are subject to INA §221(g) refusals, should answer affirmatively in their ESTA applications that they have been denied a visa. This suggestion applies even if the reason for the refusal is due to consular administrative processing. If VWP travelers do not disclose such a “denial” on their ESTA applications or provide an update regarding such “denials,” they may have their ESTA registration rejected or be sent to secondary inspection and potentially refused entry when they apply for admission to the United States.”
This is important to note for those originating from a country participating in the US visa waiver program. For example, if the foreign fiancee of a US Citizen has been issued a 221g with regard to a K1 visa application, then that 221g must be disclosed as a denial on the ESTA form if said fiancee intends to visit the US and the foreign fiancee’s home country participates in this program.
As AILA’s article went on to point out, the Department of State does not even consider 221(g)’s to be outright denials,
Technically, the Foreign Affairs Manual (FAM) classifies a §221(g) action as a visa “refusal,” but DOS explicitly retains authority to “reactivate” the visa application upon receipt of required documents or completion of a government mandated administrative clearance. See 9 FAM 41.121 N2.4.
This situation is a classic example of two different government agencies taking a differing view of the same situation. The Department of State seems to view 221g refusals as administrative refusals to issue a visa without further documentation while the Department of Homeland Security seems to view such refusals as US visa denials that could be viewed as grounds for denying a person’s subsequent entry into the USA.
This issue will likely not be particularly problematic in the Kingdom of Thailand as Thailand is not a country participating in the visa waiver program, but for others around the world this issue could lead to problems entering the USA.
For those in this situation, it is always advisable to be honest, but it may be possible to explain the situation by answering “yes” to the question: Have you ever been denied a U.S. visa or entry? After answering in the affirmative there should be space to explain. Therefore, the applicant probably should note that the denial was: a 221(g), at the Embassy or Consulate (example: US Embassy Bangkok, US Consulate Chiang Mia, US Embassy Burma, etc.), and the reason for the “denial” (example: Embassy conducted administrative processing, Consulate requested further documentation, etc).
30th JUN 2009
US Visa Waiver & ESTA: Electronic System for Travel Authorization
Posted by : admin
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.
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