December 18th Changes to Visa Waiver Program

[Hypnos 6,578]

I did once, but I think I got away with it.

[Boiler 45,949]

As long as no one mentions the Spanish Inquisition.

[ChuckM 8]

This change in the VWP will go into effect in April 2016. The bio-metric portion of the law should not effect anyone unless their passport does not contain the bio-metric characteristics noted in the law. I did not pay much attention to that portion of the law as it does not pertain to me.

The other portion of the law is the most troubling. Dual nationals from Iran, Iraq, Syria and Somalia, who also hold a passport from a VWP country will not be allowed to enter the USA on the VWP and must apply for a visa. Additionally, individuals who have traveled to these same countries will also need to obtain a visa to enter the USA.

It is expected that the VWP countries will reciprocate this law with respect to Americans traveling as well, so an American who is a dual citizen of one of these countries or someone who has visited these countries since 2011 will need to obtain a visa.

I have traveled to Iran twice, so after April 2016, I expect that I will need to obtain a visa to be able to travel to Europe.

As far as I am concerned the US Government has made me a second class citizen as well as many others who have legally came to the US and are now being penalized for their past travel or the country the came from.

The worst part of this legislation is that there are countries whose citizens have actually committed terrorist attacks on the US and those countries are not on the list. I do not see this law as anything other that window dressing and more security theater.

[Boiler 45,949]

I think many people would agree that it is too narrowly focussed.

[Ando&sirik 12]

My fiancé's k1 got approved on the 18th. Will it affect us too? Or if they approved already we're safe?

[Boiler 45,949]

This is a VWP issue, not K1.

[Michael2017 368]

Any official news that this will hit in as late as April 2016 and not before?

[Michael2017 368]

Since 21. January it is now official:

- All previously given ESTA Authorizations for ESTA state members, who have dual citizenship (Syria, Iran, Sudan, Iraq)

have lost their ESTA.

- All previously given ESTA Authorizations for ESTA state members, who have traveled since 2001 to one of those

countries are cancelled.

- Future ESTA for such people will be refused.

People who have named their dual citizenship on their application, will be notified that the ESTA is cancelled.

Now, the question is, will the US homeland security screen all flights to those country and automatically

find out who traveled there and who not? I mean they can`t rely on the person to tell, thus I guess

they will screen all those flight data? Is this an option considering privacy laws? I guess, flight data

is private information, isn`t it? Did anyone get an email stating his ESTA is cancelled?

[JFH 12,191]

I mean they can`t rely on the person to tell, thus I guess

they will screen all those flight data? Is this an option considering privacy laws? I guess, flight data

is private information, isn`t it? Did anyone get an email stating his ESTA is cancelled?

Why can't they rely on them to tell the truth? Isn't that the basis of all ESTA applications? There are many other questions you have to answer to prove eligibility (communicable diseases, for example). They don't require medical records to prove that you are telling the truth - they rely on the individual's honesty. Why should this exemption be any different?

Countries share flight data and have been doing for some time. If you thought your travel patterns were private matters, you are very much mistaken. In the small print when you purchase a ticket online and accept the terms and conditions you consent to your data being shared with government agencies.

[Michael2017 368]

http://ec.europa.eu/justice/data-protection/ - sounded to me like there are privacy laws in force in the EU...

Edited January 26, 2016 by Michael2017

[JFH 12,191]

That link actually answers your own question. The data is collected for legitimate purpose.

It has been done for some time, both in the EU and elsewhere. Nothing has changed.