Dammit I typed a whole long post and lost it by hitting back by
accident. (Before or instead of reading this long email: If you want
to use the Visa Waiver Program, use ESTA. Put it in a search engine.)
I asked here if it was possible for my wife to enter the United States
on a Visa Waiver even though she had an expired overstay ban. I got a
resounding "NO!" (except for one post that hinted otherwise on the
correct point.) *Yes*, she was able to use the VWP, and that is
because A) She entered on a PAPER visa when she overstayed and B) she
left without any government proceedings brought against her in any way
(she overstayed by a week and left on her own accord, give her a
break, she was married to an abusive spouse for that matter who kept
her misinformed about her visa rights.)
She also had to meet the other VWP requirements. I will list them all
(albeit I am no lawyer and make mistakes like everyone else.) Maybe it
will help someone else. (Check the website yourself for the passport
technological regulations.)
A) Have "complied with the conditions of previous VWP admissions" (she
had never used the VWP before.)
B) Never had any deportation etc. proceedings against them.
B) Never denied a visa or entry to the US.
C) Be eligible for a US Visa (B- Class.) It's that long legal document
that describes who is and isn't eligible for a US Visa.
D) Not have any criminal record.
and most importantly:
E) Be granted entrance into the United States based on the immigration
and/or including custom official's judgement, *despite having "yes"
answers to the red letter questions that do not *necessarily* make you
inelligible*, being judged that you really do have *intentions to
enter for tourist or legitimate business purposes only for under 90
days* and that you do *have enough money and a place to stay for your
entire trip*.
That last one really worried me. Not just the yes and no questions,
they were no actually, it was the fact that if an entrance official
has a bad day or reads the law different to how I quoted it here she
could have been denied entry. We didn't have much money either - we
were staying with my mom, and I am to be immediately employed again
with my father in my last job I was doing in the US. And my wife DOES
have intentions for immigration here, but there was a family emergency
that required immediate travel (and immigration gave us no hassles.)
I did something before reaching the border to check entrance
eligibility (and have your VWP request approved) - by using ESTA
(Electronic System for Travel Authorization.) It essentially is an
I-94W. You fill it in, and it checks your answer and its database to
determine if you are eligible for entry. If you had any "yes" answers
or have anything grey-zone this is the best way to check it - if it is
unsure your case will be marked as indetermined and will be reviewed
by an official who will make the determination BEFORE you enter the
country. So you only have to worry about the entrance official having
a REALLY bad day :) (or having no money, in which case you shouldn't
be coming here.)
ESTA will become mandatory for use of the VWP in January of next year
I believe.
Entering the US was actually quite pleasant. I HAD to use the VWP
because I am here due to a family tragedy of sorts and did not have a
week to travel and stay in Sydney waiting for a paper visa, the
nearest consulate that covers our residence in Australia and is over
1000 kms away, and I told that to the immigration official (even
though I could have just kept my mouth shut) and she asked no
questions, looked fairly quickly in the database, took biometrics and
wished us well. For that matter, for the first time in years (I look
like I could just maybe be an Arab and/or a drug user/addict) Customs
didn't pull me and my wife aside (that is in the times I have actually
had to go through Customs - from Paris, France before 9/11 they simply
weren't there *at all!*) Perhaps this time they saw the huge suitcases
and decided otherwise! They stamped our entry and it was done.
Getting on a connecting flight in LA on the other hand was another
story (it wasn't much better in Australia, either - quick tip - if you
take sleeping/tranquilizing meds when you fly, don't take them until
the plane is actually FLYING. We were unloaded due to a fuel leak, and
then questioned and examined by medical staff because my wife looked
off her face. In the end they understood and it was all good though.)
In LA we had the special pleasure of being flagged for "special"
security. Unfortunately we were flying on September 11th (which I did
not realize until it was too late.) Now I fully understand the need
for security, but we were treated like scum. First we pass the xrays
and metal detectors without issue, with the plastic bags and shoes off
and all, but then (because we were "special") they took us aside, did
a very thorough body search, and did explosives tests on our bags (now
THAT is a good idea on the other hand.) But that wasn't enough. I
wanted my newspaper that happened to be in a bag of duty free alcohol
they were confiscating without sympathy and I got pushed back and the
security guy went through every page of my newspaper. I am quite
serious. My god, if someone was going to improvise to such a huge
extent, airport security is not going to stop them. The guy wanted to
continue examining every corner of our things until his female partner
told him to give it up. Look, again, I understand the need for
security, but this is a fruitless pain-in-the-ass, and more
importantly not treating people (at least we weren't whatsoever) with
human dignity.
Good luck folks! Hope this helps someone somewhere. |