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On June 1, 2009, the U.S. government will implement the full requirements of the land and sea phase of WHTI (Western Hemisphere Travel Initiative). Everyone traveling by air must now have a passport or other valid travel document to enter or re-enter the United States. The proposed rules require most US citizens entering the United States at sea or land ports of entry to have a passport, passport card, or other travel document approved by the Department of Homeland Security (DHS). Those other documents include: - Trusted Traveler Cards (NEXUS, SENTRI, or FAST)
- State Issued Enhanced Driver's License (when available)
- Enhanced Tribal Cards (when available)
- U.S. Military Identification with Military Travel Orders
- U.S. Merchant Mariner Document when traveling in conjunction with official maritime business
- Native American Tribal Photo Identification Card
- Form I-872 American Indian Card
US citizen children under the age of 16 will be able to present the original or copy of their birth certificate, or other proof of US citizenship such as a naturalization certificate or citizenship card.
The US passport card costs $45 and is valid for 10 years. It cannot be used for international air travel. Information on the card is here. DHS states that it has issued 1 million cards so far and is taking 4-6 weeks for approval.
More information on the WHTI and documentary requirements is available at the DHS website here and here and on the Customs and Border Protection website here.
Photo by Mohan S.
I just came across an interesting article by a travel writer who did a FOIA (Freedom of Information Act) request for his travel documents. The article explains what he found - a lot more than you might expect. In addition, the author links to his experiences with secondary inspection on returning to the US (http://current.newsweek.com/budgettravel/2007/04/prove_youre_not_a_terrorist.html) and the comments to the original article also show plenty of experiences. I've had many clients in 12 years of immigration practice that are repeatedly stopped on returning to the US. It is next to impossible to get their names cleared, despite DHS claiming to have a procedure to resolve grievances.
The Department of Homeland Security (DHS) now allows Maltese nationals to make use of the Visa Waiver Program (VWP), as of December 30, 2008. Travellers will be able to enter the US for 90 days or less for tourism or business purposes without a visa, provided they have an e-passport and an approved authorization via the Electronic System for Travel Authorization (ESTA).
To travel to the United States under the VWP, an alien must be from a participating country and must (1) be seeking entry as a tourist for a period of 90 days or less; (2) be a national of a VWP participant country; (3) present an electronic passport or a machine readable passport issued by a designated VWP participant country to the air or vessel carrier before departure; (4) execute the required immigration forms; (5) if arriving by air or sea, arrive on an authorized carrier; (6) not represent a threat to the welfare, health, safety or security of the United States; (7) have not violated U.S. immigration law during a previous admission under the visa waiver program; (8) possess a round trip ticket; and (9) waive the right to review or appeal a decision regarding admissibility or to contest other than on the basis of an application for asylum, any action for removal.
For more information about the Visa Waiver program and ESTA, please see our blog post dated 11/17/08: http://martinvisalaw.blogspot.com/search/label/visa%20waive.
The USCIS Office of Community Relations issued a reminder that certain people must get Advance Parole before traveling outside the US for the holidays. Martin Immigration Law circulated a "Holiday 2008 Travel Guidelines" document to clients and friends a few weeks ago, and you can review this on our website. It is always a good idea to make sure that you have the correct documents to return to the US well before making any international travel plans.
