Implementation of the Electronic System of Travel Authorization
The Department of Homeland Security (DHS) has announced the implementation of the Electronic System for Travel Authorization (ESTA), which will be used to apply for travel to the United States under the Visa Waiver Program (VWP). To apply for travel authorization to the United States, VWP travelers will access the ESTA web-based system and complete an application online. The application will consist of the biographical and eligibility information currently required on the I-94 paper form, and will be used to determine traveler eligibility and to assess any law enforcement and/or security risks posed by a VWP traveler. DHS is recommending that VWP travelers obtain an ESTA approval as soon as possible, and no later than 72 hours prior to departing to the United States. However, ESTA has been designed to accommodate last minute and emergency travel as well.
Each approved ESTA application will be valid for two years or until the traveler’s passport expires, whichever is earlier. The following 27 countries currently participate in the Visa Waiver Program: Andorra, Austria, Australia, Belgium, Brunei, Denmark, Finland, France, Germany, Iceland, Ireland, Italy, Japan, Liechtenstein, Luxembourg, Monaco, the Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovenia, Spain, Sweden, Switzerland and the United Kingdom.
The ESTA web-based system will be available for voluntary applications beginning on August 1, 2008. It is anticipated that by January 12, 2009, ESTA clearance will be mandatory and VWP travelers who do not apply for and receive travel authorization through ESTA prior to travel may be denied boarding, experience delayed processing, or be denied admission at a United States port of entry. The Interim Final Rule regarding ESTA can be reviewed on the DHS website. You can also find an overview of the Visa Waiver Program on the United States Customs and Border Protection website.
Biometrics Required for Re-entry Permits Before Departing From the United States
The USCIS has issued revised instructions for Form I-131 applications for reentry permits requiring permanent residents (“green card” holders) to provide the USCIS with biometrics (fingerprints and photographs) before departing from the United States. Form I-131 applications must be completed by permanent residents prior to any departure from the United States for a period longer than one year whereas the “green card” itself (Form I-551) may be used for re-entry after an absence shorter than one year. The new Form I-131 procedure applies to all permanent residents between the ages of 14 and 79. Permanent residents are strongly advised to complete the new Form I-131 well in advance of leaving the United States to allow time to be scheduled for and to attend a biometric appointment at a USCIS Application Support Center.
If you require additional information regarding these updates, please contact an attorney in Foley Hoag’s immigration practice.