The Electronic System for Travel Authorization (ESTA) is an automatic system that determines a person’s eligibility to travel to the United States as part of the Visa Waiver Program. The program enables citizens of 39 member countries to travel to the US for tourism or business. Obtaining an ESTA (or visa) is essential.
The ESTA is valid for 90 days and negates the need for a holder to get a visa. Being granted an ESTA does not guarantee entry into the country. This is still the responsibility of Border Protection. However, it is designed to offer a quicker and more affordable alternative to applying for a visa. If you are granted an ESTA, USA Border Protection still has the power to turn you away and reject your entry.
Eligibility for Obtaining an ESTA
There are 39 countries that are part of the Visa Waiver Program. Visitors must be a citizen of one of these countries to be considered eligible. ESTA is available to people that are looking to travel for personal or business purposes. It is vital that the passport you hold is valid for 6 months after the time you leave the US.
You must also have an e-passport to be considered for the program. E-passports have the chip symbol on the cover. If you hold an emergency or temporary passport, this must also be an e-passport to be eligible to enter the country in this way.
ESTA Acceptance Does Not Guarantee Entry
Visitors should be aware that being granted an ESTA does not guarantee entry into the country. Essentially, it gives a person the right to travel to the USA. However, Border Patrol are still responsible for checking whether a person is allowed to cross the border.
There have been many documented cases of ESTA travellers being refused entry and use of the scheme means that you waive your rights to appeal. Border Patrol has the right to turn you away. Should this happen, it means that you must immediately return to your country of origin. You do not have the right to appeal.
If You Are Turned Down
If your application for an ESTA is turned down, it is still possible to apply for a visa. A visa application typically takes longer, requires the provision of more information and you will need to start the process in plenty of time before you travel. You may also decide not to use the Visa Waiver Program if you wish and apply for a visa in the first instance.
Validity Period
An ESTA is valid for two years from the date of issue. It allows the holder to stay in the country for a period of up to 90 days. You must also have a valid passport that will remain valid for a period of 6 months after you leave the USA.
If your passport becomes invalid during the two year period, so too does your ESTA. Once you have applied for and received a new passport, you will be able to reapply and start the process of obtaining an ESTA again. The two year period then starts again.
The 90 Day Rule
When you are granted an ESTA, it is valid for a two year period and for visits of up to 90 days. You can visit the USA as often as you like during this two year period, as long as you meet passport requirements. You can spend up to 90 days there on each trip.
If you try passing over the border and straight back again, it is probable that Border Patrol will catch on and deny your entry back into the country. Travelling into Mexico or Canada does not reset the clock, either. In all cases, if you expect to want to spend longer than 90 days in the country, you should apply for a visa and not for an ESTA.
You Cannot Apply For An Extension
An official US visa is valid for a set period, and you have the ability to apply to extend this while you are in the country. However, this is not the case with an ESTA. Application for an ESTA effectively negates your right to apply for an extension.
You can remain in the USA for a period of up to 90 days, no longer. If you remain in the country longer, it is unlikely that you will be granted an ESTA or visa in the future. If you are caught in the USA after the 90 day period, you are likely to be deported.
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