From tomorrow, there is a big change in how things work for all foreign travellers to the US:
From 12th January 2009, the US will be introducing new measures that require all visitors travelling under the Visa Waiver Programme to provide details online 72* hours prior to travel.
Entry requirements
The US Visa Waiver Programme (VWP) allows most British Citizen passport holders to visit the US for up to 90 days. The types of journeys that are permissible under the VWP include general travel/tourism, certain types of business and when transitting to another country.
The US has announced new measures that require all those travelling under the Visa Waiver Programme to provide details online 72 hours prior to travel this is known as an Electronic Travel System or ESTA. Although these will be on a voluntary basis as of August 2008, it will become compulsory for all travellers from 12 January 2009. For more information, and to apply online please visit the following website at https://esta.cbp.dhs.gov. An ESTA once obtained will be valid for a period of two years, or the validity of the travellers passport (whichever is shorter). At present, US authorities do not propose to levy a charge for this service, although they have reserved the right to consider doing so in the future. If you do not have Internet access a third party, such as a relative or travel agent, may apply for the ESTA for you. However, you will still be responsible under the law for the questions answered on your behalf. Obtaining an ESTA should not be confused with the separate requirement, which will continue to apply, for you to provide your airline or carrier with details of your passport, country of residence and address of your first night’s accomodation in the US.
More details are available on the VWP and other aspects of US immigration at the following websites:
US Embassy in London
Department of Homeland Security
US Department of State
If you have any doubts about whether you are eligible to enter the US under the VWP, or about visa matters generally, you are strongly advised to contact the US Embassy in London before your travel. The Visa Information line is 0904 245 0100 (calls are charged at £1.20 per minute).
Please also read the following Questions & Answers:
Do I qualify to travel under the VWP or do I need a visa?
Several million British nationals travel to the US annually under the VWP without any problems. Only people described as a “British Citizen” on the photo page in their passport qualify to enter the US under the VWP. If you are described as a “British Subject”, “British National (Overseas)”, “British Overseas Territories Citizen”, “British Dependent Territories Citizen”, “British Protected Person” or “British Overseas Citizen”, you will need a visa.
You will also probably need a visa if you fall into one of the following categories (Note: this list is not exhaustive).
- You intend to stay longer than 90 days
- You intend to travel to the US for a reason other than business, pleasure or transit
- You are conducting official government business
- You have been arrested (even if not convicted)
- You have a criminal record
- You have a serious, communicable disease (including HIV)
- You have been refused entry to the US on a previous occasion
- You have been deported from the US
- You have overstayed during a previous visit
If you are unsure, or if you think that your situation falls into any of the above categories, you should consult the US Embassy (see above) – you must do this well in advance of any plans to travel.
Does my British passport allow me to travel under the VWP?
To enter under the VWP your passport must contain a machine-readable zone (MRZ).
At the foot of the photo page. The MRZ contains 2 lines of text as letters, numbers and chevrons (>>>). If the area is blank the passport is not machine-readable and you need to apply for a visa.
The new style passports containing a biometric chip and an MRZ are acceptable for the VWP.
My child is included in my passport is that OK?
No – each person entering under the VWP must have their own MRZ passport.
Can I extend my stay under the VWP?
No – US Immigration does not grant extensions beyond 90 days. If you would like to stay in the US for longer than 90 days, you will need to apply for a visa before travelling. For those already in the US hoping to extend beyond 90 days, you will need to depart the US and apply for a visa.
What do I do if my passport is due to expire?
You are advised to check the remaining validity of your passport as soon as you plan to travel overseas. The US and the UK have an agreement that allows people travelling from one country to the other to enter using a passport with limited validity. However, you are strongly advised to renew your passport beforehand if it has six months remaining validity or less. This is in case your departure from the US is delayed for any reason; if you wish to make side visits to other countries; or if you have further travel plans immediately after your visit to the US.
The ability to Transit Without Visa (TWOV) in the US has been suspended. Those travellers who are passing through the United States ‘in transit’ but are not eligible for the Visa Waiver Programme must obtain a visa prior to travel.
I have a US criminal record – is that a problem?
US Criminal Records are linked to US Immigration databases. If you have a previous conviction in the US; if you have violated your probation; or if you think you may have a US arrest warrant against you, we strongly advise that you consult the US Embassy in London before travelling. Failure to do so may result in detention and/or deportation. Exclusion periods for aliens with previous convictions are as follows:
- 3 years – After being found inadmissible as an arriving alien.
- 10 years – Being ordered removed/excluded.
- 20 years – After being found inadmissible and having previously been excluded, deported or removed (i.e. illegal re-entry).
- Life – Aggravated Felonies.
Is dual nationality allowed?
Under US law if you or your children are dual UK-US nationals travelling between both countries, you should travel with both passports. US law also requires that dual US nationals use their US passport to enter and exit the country – those who attempt to travel on their foreign passport risk being denied boarding. Further information can be obtained from the US State Department (see above).
What do I do if I have renounced my US citizenship?
If you have renounced your US citizenship, you should carry a copy of your Certificate of Loss of Nationality when you travel to or from the US. If you do not, you may not be allowed to board your aircraft.
What will happen on arrival in the US?
All arrivals under the VWP are subject to US-VISIT. This means that all travellers aged between 14 and 79 are finger-scanned and digitally photographed on arrival. Special arrangements are in place for travellers with disabilities.
In 2002, the US authorities introduced the National Security Entry-Exit Registration System. This requires nationals or citizens of certain countries – including those who also have British passports – to register on arrival and departure from the US, and in some cases, to register again with US authorities in-country.
The Department of Homeland Security plans to replace the current two-fingerprint scanners with new 10 fingerprint scanners at all U.S. ports of entry over the next year.
On November 29, 2007, Homeland Security began the initial transition at Washington Dulles International Airport. During 2008, nine other U.S. airports will also collect additional fingerprints from international visitors. They include:
- Boston Logan International Airport (Boston, Mass.)
- Chicago O’Hare International Airport (Chicago, Ill.)
- Detroit Metropolitan Wayne County Airport (Detroit, Mich.)
- Hartsfield Jackson Atlanta International Airport (Atlanta, Ga.)
- George Bush Houston Intercontinental Airport (Houston, Texas)
- Miami International Airport (Miami, Fla.)
- John F. Kennedy International Airport (New York, N.Y.)
- Orlando International Airport (Orlando, Fla.)
- San Francisco International Airport. (San Francisco, Calif.)
The Department of State currently uses 10 fingerprint scanners at all of its visa issuing posts worldwide.
Are there special considerations for lone parents travelling with children?
Lone parents travelling with children should be aware that some countries require documentary evidence of parental responsibility before allowing them travel. For further information on rules for the US please contact the US Embassy in London (see above.)
How do I apply for a visa?
Most applicants for US visas are required to attend an interview at a US Embassy or Consulate prior to issue. The waiting time for an interview varies. The US Embassy in London finger-scans visa applicants.
If you are in the United States and hold either a C, E, H, I, L, O or P visa, you are obliged to leave the country if you wish to renew or change your visa status. For further information, we recommend that you visit the State Department website (see above) for more details or consult an attorney specialising in immigration law.
What can I do if I had a problem entering the US?
The Department of Homeland Security (DHS) has launched the DHS Traveller Redress Inquiry Programme (DHS TRIP). This is a single point of contact for individuals who have inquiries or seek resolution regarding difficulties they experienced during their entry into the United States. For further information, we recommend that you visit the US Department of Homeland Security website.
(information above was correct as of: 23 December 2008)