Are You Still Eligible to Travel Under the Visa Waiver Program?


Visualize getting to the flight terminal to take a trip to the United States to discuss an agreement with a rewarding US business. Touchdown this contract will generate a good deal of profit for your European firm. You have actually taken the required preventative measures to guarantee a smooth journey: gotten here early for your flight, verified the Electronic System for Traveling Permission (“ESTA”) application you made in 2014 is still legitimate, as well as book your resort and auto service in the USA well ahead of time. Nevertheless, when you get to the check-in counter, the trip representative starts examining a recent organisation trip you took to the Center East ESTA Visa. After a little conversation, the agent apologises as well as notifies you that you are not able to board the trip, and are no more eligible to take a trip under the Visa Waiver Program. In shock, you have to currently return to your house, possibly lose out on company in the United States, and also manage the procedure of acquiring an US visa.

Why you might not be qualified to travel under the Visa Waiver Program?

Regrettably, the above circumstance is coming to be progressively much more common. If you have actually gotten ESTA after February 2016, you could have observed the enhancement of a variety of inquiries on the application. As an example, it now asks the applicant to declare whether they are now, or have been a resident or national of other country. The vast majority of individuals taking a trip to the USA on the Visa Waiver Program were likely unaware of any kind of adjustments to the program, as the ESTA application is presently legitimate for two years.

Accordingly, people of Visa Waiver Program countries who have actually taken a trip to Iran, Iraq, Libya, Somalia, Sudan, Syria or Yemen on or after 1 March 2011, are no more eligible to take a trip to the USA visa cost-free. Further, citizens that are a dual nationwide of a Visa Waiver Program country as well as Iran, Iraq, Libya, Somalia, Sudan, Syria or Yemen, are additionally not qualified to take a trip visa free. There are limited exemptions for those present in among the defined countries for armed forces or polite factors.

That does this Act affect?

On its face, one of the most obvious team impacted by this brand-new Act are those that have travelled to among the provided countries given that 1 March 2011. However, an even greater number of individuals that are also twin nationals could be restricted from using under ESTA because of the new rules. As a migration legal representative, clients often tell us they are not a national of a nation just because they do not preserve a valid key for that nation. It is essential to note that a ticket is simply a travel paper. While a legitimate ticket could absolutely be utilized for proof of citizenship, citizenship is not shed due to the fact that the document is run out or harmed.

Citizenship of any given nation depends upon that country’s regulations as well as regulations. For instance, some countries do not enable double citizenship, as well as quickly withdraw citizenship for nationals that have obtained a second citizenship. Alternatively, various other countries call for a formal process of renunciation before you are no more thought about to be a citizen. In one of the most extreme cases, a nation might never ever allow you to relinquish your citizenship, and also will certainly consider you to be a national for life.

Before getting ESTA, you must be clear whether you are a dual resident of among the above mentioned nations. As an example, Mohamed was birthed in Libya to Libyan parents. When he was a kid his moms and dads relocated his household from Tripoli to Palermo, Italy. Mohamed maintained his Libyan citizenship throughout his youth, and when he transformed eighteen-years-old he was naturalized as an Italian resident. He did not renounce Libyan citizenship. He now wishes to travel to the United States under the Visa Waiver Program on his Italian key. Mohamed is not qualified to travel visa free because he is still considered to be a nationwide of Libya.

A harder scenario to determine would certainly be the following – Amira was birthed in Bagdad, Iraq. Her moms and dads, both nationals of Iraq, being afraid oppression, took off to the United Kingdom when she was a youngster. Her whole household obtained UK nationality when Amira was 6 years old. She has actually not been to Iraq since her family left, and also she does not maintain any type of connections to the country – consisting of a legitimate Iraqi passport. Amira, currently thirty, wants to travel to the United States to take her youngsters to Disney Globe. She is uncertain if she will certainly be authorized on ESTA.

Unfortunately, this situation is challenging to evaluate. Amira doesn’t recognize if she is still considered to be a nationwide of Iraq. With no official renunciation or due process concerning her Iraqi citizenship, she likely is still taken into consideration to be a nationwide of Iraq – despite not having a ticket from the country. If Amira is in truth a dual national of the United Kingdom as well as Iraq, and she does not disclose this on her ESTA application, she could be found to have actually misstated herself. Misstatement is a major offence, which provides a foreign national completely inadmissible to go into the United States. As a safety measure, Amira should obtain the appropriate visa prior to taking a trip to the United States.

Just what is the following action?

If you are not eligible to travel under the Visa Waiver Program, either due to the fact that you have actually checked out among the provided countries on or after 1 March 2011, or you are a dual national of a Visa Waiver Nation as well as among the nations noted, you have to acquire the pertinent US visa prior to taking a trip. If you want to take a trip to the US for tourist, the B2 visa would certainly be an appropriate option to traveling under the Visa Waiver Program.

While it might be unsatisfactory to no longer be eligible to get ESTA, getting a B2 visa offers numerous benefits. A B2 visa is usually provided for a duration of ten years – allowing its owner to travel to the United States on a regular basis within that duration, without needing to apply for a new visa. Additionally, when you get in the United States on a B2 visa, the immigration officer will certainly mark your access for approximately six months. It is necessary to note that due to the fact that the visa stands for 10 years, it does not permit you to remain in the US for that period of time. You must spend no greater than 6 months out of every fiscal year in the US on a B2 visa.