DS-160 Form Required at Some U.S. Consulates January 26, 2010
Posted by aicvisa in Daily News.Tags: Consulate, DS-160, Immigration, visa, Visitor
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Form DS-160 is a new form that was recently issued by the U.S. Department of State (DOS). The purpose of this form is to streamline and combine several of the current DS application forms used for non-immigrant visa applications such as DS-156, DS-157, DS-158, DS-156E, 156K and 156V into one form that can be submitted electronically. Form DS-160 is only used to apply for non-immigrant visas (e.g. B, E, H, L, O, P, Q and TN visas).
The new Form DS-160, also known as the “Nonimmigrant Visa Application Form,” can only be submitted online to the DOS. Once the DOS receives the form online, consular officers will have access to the form data in order to process the visa application when the individual appears at the U.S. Consulate or Embassy for the visa appointment. It is important to note that Form DS-160 does not eliminate the required interview. The completed DS-160 and an interview determine the applicant’s eligibility for a nonimmigrant visa.
Once Form DS-160 is completed, it must be printed, signed and brought to the U.S. Consulate or Embassy for the interview. The online version of Form DS-160 lets you save a partially completed application to your computer, so you can complete it in intervals if desired. It is not possible to store an incomplete application online, so it must be saved to the applicant’s computer.
The new Form DS-160 is currently being used at only a few U.S. Consulates and Embassies. Currently, only the U.S. consulates in Nuevo Laredo, Monterrey, Montreal, Vancouver, and Hong Kong require the new Form DS-160. All other U.S. consulates and Embassies may still require the old DS-156, DS-157 and DS-158 forms. Applicants are advised to check an Avani Attorney to find out what DS form is required at the particular facility. Different U.S. Consulates or Embassies may only implement the new form for certain visas. For example, Hong Kong has only implemented the new form for H, L, O, P, and Q visas. The introduction of Form DS-160 will be gradual, and not all embassies or consulates are required to accept them at this time. For more information on renewing or replacing your green card, please contact Avani at avani@avaniservices.com.
ESTA Mandatory for All Visa Waiver Program Travelers January 26, 2010
Posted by aicvisa in Daily News.Tags: border, ESTA, Immigration, Travel, visa, visa waiver
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The Electronic System for Travel Authorization (ESTA) established a new online system that is part of the Visa Waiver Program (VWP) and is required by the Implementing Recommendations of the 9/11 Commission Act of 2007. ESTA is mandatory for all VWP travelers as of January 12, 2009, and all nationals or citizens of Visa Waiver Program (VWP) countries who plan to travel to the United States for temporary business or pleasure will require an approved ESTA prior to boarding a carrier to travel by air or sea to the United States under the VWP. The rule does not apply to U.S. citizens traveling overseas or Citizens of Canada. Canada is not part of the visa waiver program as the authorization for Canadian citizens to travel without obtaining a visa originates from other immigration laws.
ESTA Now Mandatory for Certain VWP Countries
Recently, seven countries were added to the VWP list. Those seven countries Latvia, Lithuania, Estonia, Hungary, the Czech Republic, Slovakia and South Korea (Republic of Korea) must now use the ESTA registration system to enter the United Stated under the VWP.
Submitting Your Application
To apply for authorization to travel to the United States under the VWP, travelers will log on to the ESTA web-based system and complete an application online providing the biographical and eligibility information currently required on the paper I-94W form. The ESTA web-based system is available now at http://www.cbp.gov/xp/cgov/travel/id_visa/esta/, and all VWP travelers can use the system as of now. Please note that accompanied and unaccompanied children, regardless of age, will be required to obtain an independent ESTA authorization and determination of eligibility.
ESTA applications may be submitted at any time prior to travel to the United States, and VWP travelers are encouraged to apply for authorization as soon as they begin to plan a trip to the United States. If applicants’ destination addresses or itineraries should change after their authorization has been approved, they may easily update that information through the ESTA website.
Once an ESTA application has been successfully completed and submitted online, the application will be queried against appropriate law enforcement databases. ESTA application data will remain active for the period of time that the ESTA authorization is valid. DHS will maintain this information for an additional year, and then will archive the information for twelve years to allow retrieval of the information for law enforcement and investigatory purposes. In most cases, ESTA will provide an almost immediate determination of eligibility for travel under the VWP. Possible responses include: Authorization Approved, Travel Not Authorized, or Authorization Pending.
An approved ESTA travel authorization is:
- valid for up to two years or until the traveler’s passport expires, whichever comes first;
- valid for multiple entries into the U.S.; and
- not a guarantee of admissibility to the United States at a port of entry. ESTA approval only authorizes a traveler to board a carrier for travel to the U.S. under the VWP. In all cases, CBP officers make admissibility determinations at U.S. ports of entry. (For additional information, please visit “Know Before You Go” at www.cbp.gov/travel.)
In the event that an ESTA applicant is denied authorization to travel to the United States under the VWP, the applicant will be referred to www.travel.state.gov for information on how to apply for a visa stamp to travel to the United States. This process is similar to the current practice, in which VWP travelers who arrive at a United States port of entry and are determined by U.S. Customs and Border Protection (CBP) to be ineligible for admission under the VWP may be returned to their country of origin to apply for a visa to enter the United States. It will be far more convenient for most travelers to receive this notification before commencing travel. After ESTA is mandatory, VWP travelers who fail to obtain an ESTA travel authorization after ESTA becomes mandatory may be denied boarding; experience delayed processing, or be denied admission at a U.S. port of entry.
