fb_thumb
Lincoln-Goldfinch Law - Abogados de Inmigracion | Article

How Does the ESTA Work?

The Electronic System for Travel Authorization (ESTA) screens travelers using the Visa Waiver Program before visiting the United States. U.S. Customs and Border Protection (CBP) administers ESTA to verify that travelers meet VWP requirements. You must obtain this authorization before boarding any plane or ship to the U.S.

ESTA Application
Citizens and nationals of participating VWP countries can complete the ESTA application online by submitting essential information. These can include personal details, travel plans, and a modest processing fee. ESTA approvals typically remain valid for two years or until your passport expires.

However, you should check your authorization status before each trip. Once approved, ESTA allows you to enter the U.S. multiple times within the validity period, as long as each visit complies with VWP terms. Travelers who receive a denial for this authorization can still pursue the standard Visa application process at a U.S. embassy or consulate.

Passport Requirements
Travelers using the VWP must hold a passport with specific security features. Since April 1, 2016, all VWP travelers must carry an e-passport with an embedded electronic chip that contains biometric data. This document must include a machine-readable zone and a digital photograph printed on the data page.

If your passport does not have these features, you will need a Visa unless you possess an older, machine-readable passport issued by a VWP country before 2008. Check with your country’s embassy to determine if you need a qualifying e-passport.

Critical Exemptions
While ESTA simplifies travel, the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015 imposes restrictions. This act prohibits entry under the VWP for individuals who have been to certain high-risk countries, such as Iraq or Syria, since March 1, 2011. Nations designated by DHS as a terrorism sponsor are also restricted.

Travelers with dual citizenship from such countries cannot use ESTA and must apply for a Visa. However, VWP-eligible nationals who visited these locations for official military or government duty may receive an exception. In some cases, authorities may waive these restrictions if they consider it beneficial to U.S. national security.

If you believe these conditions apply, consult an immigration attorney to verify your case and avoid unexpected entry complications. Legal guidance can similarly assist those from countries with special agreements with the United States.



Lincoln-Goldfinch Law - Abogados de Inmigracion
1005 E 40th St Austin, TX 78751