December 18th Changes to Visa Waiver Program

[Michael2017 368]

On December 18th the requirements for the visa waiver program have been changed.

Now my questions:

a) Is this already law?

b) Are all old esta numbers now invalid and everyone needs to apply again?

I mean old approvals may not help anything as new requirements may

restrict a person previously approved.

Does anyone have official news regarding the issue? Thanks.

[Hypnos 6,578]

Source?

[Michael2017 368]

The bill has passed already into legislation, I think the president still needs to sign it or signed it.

The date it becomes in force is not clear for me.

All over in the news in Europe as millions will be affected by the changes. So the question is if we all need to apply for a new

Visa Waiver or if old waivers will be still valid till the end of the validity. I wonder you did not hear about it yet...Obama

talked a lot about it recently...

https://www.congress.gov/bill/114th-congress/house-bill/158

http://sacredheartspectrum.com/2015/12/us-house-passed-visa-waiver-program-improvement-act-of-2015/

http://www.natlawreview.com/article/congress-passes-legislation-affecting-visa-waiver-program

http://www.presstv.ir/Detail/2015/12/15/441769/US-EU-visa-restrictions-

Millions of Europeans will be affected -the question is only starting which date and what happens with old and still

valid waivers.

Edited December 23, 2015 by Michael2017

[awaywego 28]

This bill (and various other things) was tacked on to HR2029, the budget bill that was just passed by both houses and signed by the President, becoming law. https://www.congress.gov/bill/114th-congress/house-bill/2029/text#toc-H214BE5B24BB945AC9E65CF8E2831B970should take you to the anchor, or it's Division 0, Section II

I haven't heard, either, what will happen for travelers who have an existing ESTA, and I don't see anything in the text that addresses this either way. However, I am not an expert in these matters; perhaps someone who is better able to parse the law will be able to say more.

This question is also of interest to us, as we are visiting the US in a couple months.

[Hypnos 6,578]

Millions will not be affected by the VWP changes, since it appears to chiefly affect only people who have recently travelled to Iraq or Syria or are citizens thereof.

[JFH 12,191]

It affects only dual citizens of and recent travellers to Iran, Iraq, Syria and Sudan. And also people without a biometric passport. In the UK we have had such passports since 2006 so there are very few non-biometric passports still in circulation. I imagine your country has had biometric passports for a similar length of time as they were introduced all over Europe at roughly the same time.

The "millions" claim is made up by the media to scare people that they won't be able to go on holiday. I have already contacted one news source who claimed that "millions of British people won't be able to go on holiday next year" requesting that they publish facts on this, not scare stories.

[Michael2017 368]

Hi,

yes, I read one news source that claims 5 million Brits are affected. Well, If the old WVs are cancelled and we all need to re-apply,

millions will be affected. If a person has a valid WV , it is logic that he has to re-apply soon, as the old one did not ask him all required

questions. On the other hand, if the old WVs remain valid, the law would not screen out those people for up to two years.

Thus, it seems everyone will have to reapply and in fact up to 20 million will be affected who travel yearly under ESTA in the USA.

[JFH 12,191]

But if you qualified to travel under the VWP before and still do under the new requirements (have biometric passport and not a dual citizen of or recent traveller to an "area of concern") then all you will need to do is re-apply if old ESTA applications are not accepted. Takes 10 minutes. Hardly an issue.

I don't recall prvious ESTA approvals being rendered invalid when additional questions were introduced (the ones regarding your parents and employment - they weren't included in the application process when it was first introduced). It's all a fuss over potentially nothing. There's nothing to suggest people will need to re-apply. And if they do, so what?

[Michael2017 368]

Well, I am currently planning a 3 months trip and spend more than 10.000 US$ already in travelling tickets and hotel reservations.

If the WV gets cancelled and for any reason the re-application fails, there are people like me with lots of money at risk as they have planned

their travelling. Furthermore, it costs money to re-apply. This is not an issue for me but maybe for others. Whoever has deposited large amounts

of money for their upcoming holidays in the USA will be alarmed as there is always a risk that any new application will fail. So please understand

that some of us want to know what is going to happen...

[JFH 12,191]

I understand you want to know. I do too! My husband lives in the US and until my IR-1 is approved I'm reliant on the VWP to get me in to the country to see my husband regularly and with minimum hassle. Not being able to see him would upset me more than losing money on a holiday, so please don't think I don't "get it". It costs $14 to apply. Let's say it goes up to $20 next year. If that's an issue for anyone, they can't afford a holiday in the USA. If they can spend hundreds on a flight ticket then they can spend 20 bucks on an ESTA application.

Why would you think that your re-application would fail? Seriously, all they are doing is tightening up on people who may be a potential terror threat. A very small number of people will no longer be able to use the VWP. That doesn't mean they won't be allowed in. They will just need to apply for a B-2, just as our non-VWP friends do. So, on the remote chance that you are required to re-apply (and we don't know if that's the case yet) and your re-application fails (and there's no reason it would) then you still have the B-2 option. Seriously I think you're over-thinking this. The new rules are not designed to exclude legitimate visitors.

[Boiler 45,949]

Total non issue.

[D.Ba 85]

I wouldn't call it a non-issue when all ESTA travellers have to pay their 16 or so USD again and spend actually more than 10 minutes online, especially if they're not aware.

[JFH 12,191]

I wouldn't call it a non-issue when all ESTA travellers have to pay their 16 or so USD again and spend actually more than 10 minutes online, especially if they're not aware.

It's currently 14 dollars. And it took my (computer-challenged) mother 10 minutes. If you think that's a big issue, don't even think of going to Russia or China.

It has not even been confirmed yet that people will need to re-apply. Why not worry about that if and when it actually happens? I find it very strange that people who have wrestled/are wrestling through the K-1 or CR-1 circus think that applying for an ESTA is hard work.

If it becomes necessary to re-apply, it will be made public knowledge. Until then, no need to panic.

[Hypnos 6,578]

Nowhere official has stated that old ESTA authorisations are now no longer valid. I find it difficult to believe DHS would issue any kind of blanket de-authorisation, either. Could they? Sure, but it'd be with a big announcement, not something with only a tiny mention in the Federal Register.

The sky is not falling. There is no reason to panic, Captain Mainwaring.

Edited December 23, 2015 by Hypnos

[Boiler 45,949]

Whatever you do, do not mention the war.