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New Visa Waiver Requirements, effective January 12, 2009

Replies: 321 - Last Post: Jan 11, 2013 5:11 AM Last Post By: katija

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bzookaj

bzookaj avatar

Feb 27, 2011 6:54 AM
Posts:  5,224

165

When I will go back need I to fill out the I-94W form?
No. When you arrive at the land border, the immigration official will swipe your passport and pull up your associated ESTA approval. Since you are considered to be on the same visit as your air arrival (because time in Canada is included), the ESTA will qualify as your I-94W.

dizzylife1878

dizzylife1878 avatar

Mar 14, 2011 3:10 PM
Posts:  1

166

Hi,
I'm a British Citizen with a valid UK passport. However the passport was issued at the UK consulate in Madrid to replace a stolen passport. Because of this on the photo page where it states: 'issued by' - mine says ESP rather than UKPA. Will this affect an ESTA application? I believe on the application it asks something like issuing country? I'm unsure whether this would be Spain or if I would still answer UK seeing as it was issued at the consulate and is a British passport. For info, at the top of the passport page where it's states issuing code it does say GBR.
Any help appreciated as have been unable to get advice from us embassy so far.
Many thanks

bzookaj

bzookaj avatar

Mar 14, 2011 5:26 PM
Posts:  5,224

167

If it is a standard passport (not a restricted passport, such as for one-time "return home" use), you will have no issues. The issuing country is the UK, since it is not a Spanish passport, but a UK passport.

cathypadgett

cathypadgett avatar

Apr 1, 2011 3:28 PM
Posts:  4

168

Hey,

I´ve read 99% of this thread and the faq so if I ask a question that you believe has already been covered I apologise, all a little confusing really.

Myself and my girlfriend (both british citizens) were both aproved for esta and travelled from Cali, Colombia to Miami (transit only) then on to Mexico. We have been in Mexico 110 days out of our possible 180 days and intend to go down to guatamala and hopefully back up through belize, mexico and fly back to uk after a brief stay in the US.

It appears tho that we might be a little bit screwed as by entering the us only for a transit starts the clock ticking and as such we are already overstaying even tho we spent only a few hours sat in an airport... Does this mean we can´t re enter the US. If so it seems a little bit (seriously) crazy. Perhaps I´m completely missing something here, please help.

When we initially booked our flight from Cali we didn´t realy want to get to mexico via US but it was cheaper and we didn´t believe it would cause us any problems...

Thanks

Jonny

aubo23

aubo23 avatar

Apr 2, 2011 1:51 AM
Posts:  321

169

Yes it means you cannot reenter the US - as an overstayer you are ineligible to do so.

Well that's what the rules say. In reality they may not be enforced - it sounds like they weren't when you transitted the US en route to Mexico in the first place

As to the chances of them not being enforced again - no idea.

aubo23

aubo23 avatar

Apr 6, 2011 12:58 AM
Posts:  321

170

deleted as the post it replied to has gone missing

Edited by: aubo23

shana868

shana868 avatar

Apr 21, 2011 6:38 AM
Posts:  2

171

Hi all,

I'm going to be travelling to South America and my flight includes changes in the US both on the way there and on the way back.

I know I need to apply for a visa waiver. Seeing as I am only going through, but then need to come back through again, do I only need the one visa waiver and will it stay valid if my return journey is within 90 days, or do I need to apply twice separately?

Thanks very much!

nutraxfornerves

nutraxfornerves avatar

Apr 21, 2011 6:45 AM
Posts:  6,602

172

I posted this to your other thread before I saw your request to have it deleted.

I know I need to apply for a visa waiver
Actually, what you are doing is applying for ESTA pre-clearance, which will show that there is probably no reason you should not be admitted under the Visa Waiver Program. Once you have EST pre-clearance, you show up and request admission under the waiver program. Admission is still always at the discretion of the border official.

Getting back to your questions.They are answered in the ESTA help section. What information do I need to complete the application?. The short version is: carrier information is optional and
If you are leaving the United States immediately and do not have an address, enter the words ”In Transit” and your final destination location.

shana868

shana868 avatar

Apr 21, 2011 6:50 AM
Posts:  2

173

Thanks very much! That was really helpful - I'll take a look and apply now :)

edit: I have one more question. I realise the carrier name/flight number etc is only optional, but will it effect my application if I leave it blank and is it advisable to complete it with the info for my flight to the US, even though it won't be correct for my return flight?

Thanks

Edited by: shana868

bzookaj

bzookaj avatar

Apr 21, 2011 7:03 AM
Posts:  5,224

174

Leaving any item blank may preclude approval.
It only needs to be filled in once, so don't worry about your return leg info.

nutraxfornerves

nutraxfornerves avatar

Apr 21, 2011 7:39 AM
Posts:  6,602

175

The approval is good for two years, so the flight information will be irrelevant for subsequent trips to the US anyway.

rogue_ireland

rogue_ireland avatar

May 16, 2011 10:59 AM
Posts:  7

176

Help please.

I've read the posts on this thread and the FAQ also, but still a little unsure.

I'm from Ireland and have a 12 month work holiday visa for Canada which I intend to start using based in Vancouver sometime in July.
However, I want to spend a few weeks touring the US starting in early June beforehand, flying into New York and spending a few weeks making my way to California and travelling up the west coast and into Vancouver in July.
My plan was to fly into New York on a one way ticket and then eventually fly into Vancouver from San Fran.
Reading all these posts I realise that this is now not possible under the visa waiver scheme.

To get around this I am now planning on booking a return flight to New York from Dublin, but just not use the return portion (it's not working out all that more expensive really anyways) and just make my own way into Vancouver, prob by booking a cheap flight or else Greyhound or equivalent.

Is this possible ?
How will this affect my future travel into the US as I planning on taking a couple of road trips down into the states during my time off from work in Vancouver over the course of the 12 months?
Will it be highlighted that I failed to leave the US under the original booking etc?

Any help, answers or redirects to further information would be greatly appreciated.

Thanks

bzookaj

bzookaj avatar

May 16, 2011 11:05 AM
Posts:  5,224

177

Is this possible ?
Possible? Yes. All entry is at the discretion of the official you receive.
Legal? No. You are setting yourself up to encounter trouble if those officials follow the laws and regulations set forth.
Do yourself a favor and get a visa.

How will this affect my future travel into the US as I planning on taking a couple of road trips down into the states during my time off from work in Vancouver over the course of the 12 months?
Will it be highlighted that I failed to leave the US under the original booking etc?
See above.

rogue_ireland

rogue_ireland avatar

May 16, 2011 1:14 PM
Posts:  7

178

Hi Bookaj, many thanks for the reply, much appreciated.

When you say get a visa though, just a little confused - what visa do you mean?
A transit visa ?
Or a holiday visa ?
I don't intend to work in the states, just to spend the odd week here and there touring around whenever I have time off from my job in Vancouver.
I thought as a citizen of a country participating in the visa waiver programme I was entitled to travel in the states for 90 days?

Thanks again for the help, much appreciated.

bzookaj

bzookaj avatar

May 16, 2011 2:44 PM
Posts:  5,224

179

what visa do you mean?
I thought as a citizen of a country participating in the visa waiver programme I was entitled to travel in the states for 90 days?
Being a citizen is not the only requirement. The FAQ you say you have read (252) outlines all of the requirements.
The problem with your trip is that you are running afoul of the 90 day requirement. The 90 days includes time spent in Canada, Mexico and "adjacent islands."
From the State Department, via the embassy in Canberra (and it applies to all VWP nationals):
Q: I am transiting through the U.S. on my way to another country. Can I use VWP?
A: Yes, as long as your total stay in the U.S., Canada, Mexico and adjacent islands is less than 90 days, and you meet the other VWP requirements. You can use the VWP if, for instance, you are transiting the U.S. on a journey between Australia and Europe.
However if for example you are transiting the U.S. on the way to a 6 month stay in Canada, you cannot use the VWP, as your total time in the U.S., Canada, Mexico and the adjacent islands will be over 90 days. In this case you should apply for a B-1/B-2 visitor visa, or a transit visa.
[emphasis added]
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