VISA Waiver Program to USA

[Mal]

A gentle reminder that ESTA (ie registering online before flying to the US, if planning to use a Visa Waiver) is compulsory from tomorrow. (Jan 12)

https://esta.cbp.dhs.gov/

 

[Foreigner]

A gentle reminder that ESTA (ie registering online before flying to the US, if planning to use a Visa Waiver) is compulsory from tomorrow. (Jan 12)

https://esta.cbp.dhs.gov/

I registered online and approval came almost instantly. I havent printed the approval though i have taken note of the number ( alpha-digital ). I wonder if this number is required when i check in for my flight or if the system will pick up the approval. Or, should I log back into the website and print off my record.

f

 

[misstam]

I registered online and approval came almost instantly. I havent printed the approval though i have taken note of the number ( alpha-digital ). I wonder if this number is required when i check in for my flight or if the system will pick up the approval. Or, should I log back into the website and print off my record.

f

I've just returned from a trip to the US. In my experience (and as mentioned on the website), your approval is in the system - you don't need to quote it at check in or at anytime during your trip.

Having said that, i also took the precaution of printing off the application approval page & keeping it with my travel documents - just in case.

It's also nice to see that the visa waiver is valid for 2 years, so you won't need to reapply for further travel in the not-too-distant future.

enjoy your trip!

mt

 

[Foreigner]

I've just returned from a trip to the US. In my experience (and as mentioned on the website), your approval is in the system - you don't need to quote it at check in or at anytime during your trip.

Having said that, i also took the precaution of printing off the application approval page & keeping it with my travel documents - just in case.

It's also nice to see that the visa waiver is valid for 2 years, so you won't need to reapply for further travel in the not-too-distant future.

enjoy your trip!

mt

I am glad that I asked and thank you for your reply. I will keep a copy, just in case. I wasnt aware of the 2 year validity but that is handy...provided I remember the date.

 

[MelUser]

Misstam,

Does it change the actual paperwork which flight attendants hand out on plane and which must be compelted - ie GreenI94W form and also customs form - are they both gone?

 

[file51]

Misstam,

Does it change the actual paperwork which flight attendants hand out on plane and which must be compelted - ie GreenI94W form and also customs form - are they both gone?

The ESTA is meant to supplement the I94 form, still required, nothing to do with customs, that still needs to be completed for each entry to the United States

 

[misstam]

Misstam,

Does it change the actual paperwork which flight attendants hand out on plane and which must be compelted - ie GreenI94W form and also customs form - are they both gone?

Ahh, good question, I almost forgot about that!

To cut a long story short - you still need to fill in the green l-94W form (Nonimmigrant Visa Waiver Arrival/Departure Form) & customs declaration form. For the long version, see below..

On my flight from HKG>LAX, I'd been handed a white arrivals form to fill out - after getting to the front of the verrryyy long immigration line, I was asked where my visa was. I replied that i did the online Visa Waiver application & was then told, OHH you have the wrong form, you need the GREEN one.
I duly made my way back to the forms table... on the way, a customs officer said "what's wrong, Pinky?" (I have pink hair...) - I mentioned I'd been given the wrong form on the plane, he said it happens all the time. So, filled out the correct form - took my place in the back of an even longer line... groan.
Then i hear some one yelling out "Hey Pinky!!". Everyone looked around & lucky me, it was the customs guy calling me down to the front of the queue.

Moral of the story: Make sure you get the right form, but if you were silly/tired enough not to check - it doesn't hurt to have pink hair.

Also - The customs/immigration process involves being fingerprinted (thumb then 4 fingers of one hand, then other hand) & having your picture taken.
One more thing... expect to take your shoes off each time you go through security screening in the US.

 

[TomCruise]

Just to continue on this old / long post....

I have done a lot of reading on this topic and come across some information others may find useful.

A few points that I would like to add:

For findings of guilt within NSW where no conviction was recorded it states:

" What is a spent conviction?

The Criminal Records Act places limits on how long information about a person's convictions can be used. The Act provides for a crime free period after which most minor offences will be treated as spent. Once a conviction is spent the person concerned is not obliged to disclose it, for example, when applying for employment, insurance, credit or when completing an application for a statutory licence (for example, licences for security agents or commercial agents)."

It then goes on to state:

" Discharges without conviction

The Act applies to discharge orders made under the old section 556A of the Crimes Act or the newer section 10 of the Crimes (Sentencing Procedure) Act 1999. These sections give courts the power to discharge a person without conviction even when an offence has been proved. Usually these findings will be spent as soon as the order is made or once any bond, recognisance or period of probation expires. In other words, it is not necessary to wait the 10 year crime free period referred to above.
Because discharges without conviction are defined as convictions for the purpose of the Act they are subject to the same exceptions as other convictions. For example, a discharge without conviction for a sexual offence (as defined in the Criminal Records Act) will never become spent."

I post this in reference to the following reply:

It's not relevaent to the Original Topic as the offence was 5 only five years ago but you may like to Google "Passed" or "Spent" convictions (pages from Oz).

If the offence was not of a 'sexual nature' and did not result in a jail term of six months or more (differs between the various state & Federal laws), the conviction becomes "Passed" or "Spent" after 10 years.

Current Legislation does not deal with any request for disclosure that a foreign government might make, except that the Australian government should not pass on information about someone's "spent" conviction(s).

So basically, if you do have a situation like the OP's friend hanging over your head you can wait the ten years if you are really keen to enter the LOTFAP.

Now I do not know if WA has the same spent convictions policy as NSW, but I would assume to be similar. I find the following post strange as if it were true the court finding would be considered spent and would not be listed on the persons criminal record.

Hi everyone.. withe regard to the visa waiver program to enter the USA, if you have any skeletons I wouldnt even try to enter the USA as you will be turned around at the airport and deported to your country of citizenship.

Before you even enter the USA now your history arrives before you do.

I had a friend arrive into LAX on aug 31st to find because he had appeared in court and there was no conviction recorded 3 years ago, he assumed he could enter the USA under the visa waiver program. He was soooo wrong. He was taken aside at LAX spent the day "in custody" and deported back to Australia that night. He was able to actually ring me to advise not to pick him up at the airport etc and what had happened. I contacted an immigration attorney by phone, in Cleveland and she advised there was absolutely nothing she could do for him.

I also find it interesting the UK government states this on disclosure of spent convictions:

"Offences arising from disclosure of spent convictions:

It should be a criminal offence for any British official, especially those with access to the in the Criminal Records Bureau or Police National Computer records, to divulge a spent sentence to anyone, particularly foreign immigration officials, Interpol, foreign intelligence service or foreign police forces, who may request such information."


Basically stating it is a criminal offence for them to disclosure any spent convictions to foreign officials.


Unfortunately I couldnt find similar documentation relating to Australian spent convictions.


Just thought I would share the information as some may find it useful.


Would love to hear from anyone's personal experiences on this matter!

Would post references for the above info however as this is my first post the forum will not allow me to do so.

Also big hello to everyone

 

[NYCguy]

The customs/immigration process involves being fingerprinted (thumb then 4 fingers of one hand, then other hand) & having your picture taken.

This was expanded to include green-card holders from January 19...

 

[serfty]

TomCruise Welcome to AFF

FWIW you can imply web links for people to follow with something like www(dot)sitename.com.au.

As far as your post goes; the implication I believe is that (at least in NSW) a conviction may be considered "Spent" as soon as the period of a bond/probationary/recognisance sentence is completed.

It is not clear wether one needs to aplly to the courts for this. I do believe 10 year provision is automatic.

 

[TomCruise]

Even though no conviction has been recorded. A guilty court finding will still be listed on your criminal record unit any bond or contract as per the Section 10 is met. This will be automatically removed once the contract has been filled. i.e Completing a 1 year good behaviour bond.

There is a very good document that outlines the Act for NSW in plain english that can be accessed via

Replace the -dot- with an actual dot and remove spaces..

w w w -dot- theshopfront -dot- org / documents / ConvictionsCriminalRecords -dot- pdf

Some interesting points for those who don't want to read it all:

A matter that has been dealt with under section 10 does not form part of a
person’s criminal record, but may be disclosed to a court when it is sentencing
with the person for further offences (see s16(1) Criminal Records Act
1991(NSW)).

Criminal Record
A criminal record is a record of convictions against you. This will be handed up
by the prosecutor if you are being sentenced for an offence in court.

Overseas Travel
(a) United States
If you wish to travel in the United States and you have a criminal record,
particularly if it is a drug conviction, you will need to apply for a tourist
visa. When applying for the tourist visa, you will need to provide details of
the conviction and punishment. Whether or not the tourist visa is issued
will depend on the nature and severity of the offence and punishment.

Spent convictions
Most convictions will become “spent” after a certain period of time. This means
that, for most purposes, the conviction is no longer part of your criminal record.
This means that, in general, you don’t have to disclose it (and the police can’t
disclose it) to anyone.

When is a conviction spent?
A conviction is said to be “spent”:
• straight away if the court dismisses the matter without recording a
conviction;
• at the end of any bond or probation if a person is released on a bond or
probation without a conviction (ie under section 10 Crimes (Sentencing
Procedure Act);
• after a 3 year crime-free period from the date of a Children’s Court
conviction;
• after a 10 year crime-free period from the date of a conviction by any other
court;
• if the conviction was for an offence which is no longer an offence.

Non-disclosure of spent convictions
In general, you are not required to disclose your spent convictions to anybody.
If you are asked on a job application about convictions you do not need to
mention spent convictions, unless you are applying for certain jobs (see below). If
your employer later discovers your spent convictions they cannot sack you for
dishonesty.
Where an Act or regulation refers to a conviction, it is taken to refer to unspent
convictions only. Where an Act allows a person’s “fitness” or “character” to be
taken into account, spent convictions usually cannot be taken into account (see
section 12(c) of the Criminal Records Act 1991 (NSW)).
Unlawful disclosure of someone’s spent convictions is an offence. It is also an
offence to unlawfully get information or to try and get information about
someone’s spent convictions (See sections 12, 13(1) and 14 of the Criminal
Records Act 1991 (NSW)).

Removing spent convictions from your criminal record
Spent convictions should be automatically deleted from your criminal record once
they become spent. If you want to make sure this happens, you may write to the
NSW Police Criminal Records Unit at:

The Leader
Criminal Records Branch
NSW Police
Locked Bag 5102
Parramatta 2124
Telephone: (02) 8835 28880

And just elaborating more on the Visa Waiver Program question:

Have you ever been arrested or convicted of a crime involving moral turpitude; some people receive a summons or notice to attend - rather than being arrested and can be then found guilty with no conviction recorded. In this situation I feel you could honestly answer no to this question.

Other people's thoughts?

 

[Mis5P]

Hello
Can anyone tell me with the new online registration, you need one of the new passports as well.... or can you still use an old one?

My passport is 9 years old and expires end of the year but am going to the US next month(14days). Can anyone help and confirm i won't need a new passport??

Thanks in advance

 

[Mal]

... removed ...

incorrect information.

 

[serfty]

If your passport still has six months validity on your planned return date then you should be fine.

 

[lovetravellingoz]

If your passport still has six months validity on your planned return date then you should be fine.

Thanks for that...though I had the impression that with the "old" style there were extra hoops and hassles to go through???

In my case my wife and I both have a valid "old" passport each and I was wondering if I should update toa new one despite having several years to run on the old passport?

 

[serfty]

If your passport is not micro-chipped but is "Machine Readable"* and issued prior to 26 October 2005 then it can be used for entry to the USA.

*"Machine Readable" http://www.frequentflyer.com.au/community/your-questions/visa-to-us-5393.html#post63206

 

[liamg]

Hey everyone:

I'm being cheap and trying to avoid calling the 1900 number, so here goes

If I enter the US through the visa waiver program, stay for three days, then leave (to Europe), and then two weeks later re-enter the US for a couple of weeks, do I need a new to fill out a new online form, or can I use the existing visa? My total trip is less than 90 days and I'm not visiting or transiting via Canada, Mexico, etc...

Thanks.

L.

 

[Dave Noble]

Hey everyone:

I'm being cheap and trying to avoid calling the 1900 number, so here goes

If I enter the US through the visa waiver program, stay for three days, then leave (to Europe), and then two weeks later re-enter the US for a couple of weeks, do I need a new to fill out a new online form, or can I use the existing visa? My total trip is less than 90 days and I'm not visiting or transiting via Canada, Mexico, etc...

Thanks.

L.

You need to submit 1 ESTA application online which will last you for 2 years

On each entry to the USA , you will have to fill in an I94-W form

Dave

 

[liamg]

Awesome, thanks

 

[Jezzy]

Hi everyone,

This is my first post on what seems to be an informative and helpful blogspace. Like many before me, I have a few questions I really hope to clear up without having to speak to a lawyer or call expensive phone numbers.

My girlfriend and I are hoping to do a month long trip from Perth- NYC and down to Mexico in february 1010 but prior to buying tickets (which are getting more expensive by the day!), I want to be certain I will be eligible for entry into the USA.

I have a WA traffic conviction for drink driving as a 19y/o in 2002 and a WA spent conviction for obstructing justice (having a few heated words with an officer for the heavy handed treatment of a friend who was later released) as a 21y/o in August 2005.

Do I need to declare either of these (one being a traffic conviction and one a minor spent conviction) when completing the ESTA application online?

What I mean by saying "need" is will I be breaking the law if I reply "no" to the question regarding criminal convictions?

A friend of mine recently spent time in the staets and CAnada, he too has a minor spent conviction, answered 'no' and had no problems. Is this generally the case?

My understanding of a spent conviciton is that you do not need to declare them. Is this true?

From what I've read, applying for a visa is slow and expensive and not guaranteed to produce desirable results.

Any help would be much appreciated.

Jezzy