PASSPORT AND VISA

Do all travellers need a passport to enter the United States? Generally YES; however, there are some exceptions. All travellers are required to present a valid passport and are subject to inspection by US Customs and Border Protection officers at the US port of entry, unless there is a treaty-based exemption or other exemption under US Federal regulations, such as exists for ‘members of the force’ (see questions later in this section).

My child’s ‘passport’ and visa are included in my passport; will this be a problem? NO. This is an exception. In accordance with US Federal regulations (Title 22 Code of Federal Regulations Section 41.104(c), “Passport Requirements”), the visas of multiple persons can be placed in one passport: A single passport including more than one person:

The passport requirement for a nonimmigrant visa may be met by the presentation of a passport including more than one person, if such inclusion is authorized under the laws or regulations or the issue authority and if a photograph of each visa applicant 16 years of age or over has been attached to the passport by the issuing authority.

I have a “NATO” or “A” visa in my passport and my passport is expiring soon. Is it true that the passport for all individuals seeking US entry must have six (6) months validity remaining to enter the United States? NO. It is accurate that most individuals entering the United States (including those entering under the visa waiver program) must have at least six (6) months validity remaining on their passports. However, there is a US Federal regulation which grants an exception for certain “NATO” and “A” visa classifications, including those individuals possessing NATO-1, NATO-2, NATO-3, NATO-4, NATO-6, A-1 or A-2 visas. In such instances, the individual may present a passport which is valid only for a sufficient period to enable the [individual] to apply for admission at a port of entry prior to its expiration (Title 22 Code of Federal Regulations Section 41.21(b)).

My passport containing my “NATO”/“A” visa has expired, and I have received my new passport. Do I just carry both passports when travelling? YES. You are permitted to travel with both the new passport and expired passport containing the valid visa. You can visit the Office of the Legal Advisor who can assist with having the visa moved to your new passport if you wish. If your national authorities ordinarily retain your old or expired passport upon issuance of a new passport, you should retain/keep your original Form I-94 and a copy of your visa.

Do all travellers need a visa to enter the United States? Generally YES; however, there are some exceptions. A valid passport containing a valid visa is required of most persons entering the United States and must be presented to the Customs and Border Protection (CBP) officer at the port of entry, unless there is a treaty-based exemption or other exemption under US Federal regulations, such as exists for ‘members of the force’ (see questions later in this section). Although the United States has visa waiver agreements with many countries, your dependents should not enter the United States on visa waiver (information on visa waiver can be found later in this section). Generally, dependents should be in possession of the same visa classification as the staff member in accordance with US Federal regulations.

As a member of the armed forces of a NATO or Partnership for Peace (PfP) nation, do I need a US visa? NO. Pursuant to the Agreement between the Parties to the North Atlantic Treaty Regarding the Status of their Forces (NATO SOFA), Article III, members of the Armed Forces of a NATO country, and PfP nations by incorporation of the PfP SOFA, are permitted US entry exempt from visa and passport requirements and immigration inspection provided they present original National or NATO Travel Orders and Personal Identity Card issued by the Sending Nation:

“members shall be exempt from passport and visa regulations and immigration inspection on entering or leaving the territory of the receiving State … [and] the regulations of the receiving State on the registration and control of aliens” (Article III(1)) upon presentation of a “personal identity card issued by the sending State” and an “individual or collective movement order” (Article III(2)).

TRAVEL TIP: Keep your orders and Identification separate from your passport. Should your passport be lost or stolen, your travel orders are useful for establishing credentials with authorities. You cannot travel into the United States with an emergency passport as it does not contain the required biometrics.

Is this treaty-based exemption from passport and visa requirements and immigration inspection well known by US authorities? Generally YES. The exemption from visa and passport requirements pursuant to the NATO SOFA, and PfP SOFA by incorporation, is referenced in US Federal regulations at 22CFR§41.1(d) (“Armed Services personnel of a NATO member”). With respect to immigration inspection, an individual exempt from visa and passport requirements should ordinarily only receive Form I-94 if they request inspection as referenced in the US Federal regulation found at 8CFR§235.1(c). (Form I-94 is explained later in this section.)

If I don’t need a visa, why did my national authorities/colleagues/sponsor recommend it? Likely because we in the Office of the Legal Advisor strongly suggested that ALL international military personnel obtain a visa prior to arrival in the United States, and present that visa upon initial entry into the United States. At the time of US entry, by showing your passport and visa, you are ‘requesting immigration inspection’, which will result in your receipt of a ‘formal immigration document’, known as Department of Homeland Security, US Customs and Border Protection Form I-94 (“Arrival/Departure Record”) (white in colour). (Form I-94 is explained in detail later in this section.)

Do NATO international civilians need a visa? YES. NATO international civilian staff members (NICs) are required to obtain NATO-6 visas for themselves and their dependents prior to entering the United States as the NATO SOFA exemption to this requirement does not apply to their posting. NICs do not benefit from the passport-free, visa-free travel that is enjoyed by their military counterparts. Representatives in Civilian Human Resources will provide the necessary letter and guidance to NICs to apply for the visas.

What type of visa will I receive? The visa classification is determined by the US Consulate issuing your visa in accordance with US Federal regulations and the Foreign Affairs Manual.

Military personnel from NATO nations posted at this Headquarters, subordinate commands, and as National Liaison Representatives and their staff ordinarily are issued “NATO” visas, specifically “NATO-2”.

Military personnel from PfP nations posted to this HQ, subordinate commands and as Partner National Liaison Representatives and their staff are issued “A” visas, specifically “A-2”.

NATO international civilians are issued “NATO-6” visas.

Are “NATO” class visas considered diplomatic visas? NO. A “NATO” visa is considered an “official” visa.

Are “A” class visas considered diplomatic visas? Some “A” visa holders in the United States have diplomatic status (ordinarily those posted to certain positions within their Embassy). However, diplomatic status is granted only to individuals, as a result of their position and status, and then only after formal certification and recommendation by your government and agreement and certification by the Office of Foreign Missions, US Department of State. There are no diplomatic accredited staff posted to HQ SACT or the NLR offices.

I have a diplomatic passport—does this give me diplomatic status? Not necessarily. Your nation may consider you as having diplomatic status, but unless the status is conferred upon you by US authorities (Office of Foreign Missions, US Department of State) following certification by your nation, you are not considered as having diplomatic status (i.e., being a diplomat) in the United States. There are no diplomatic accredited personnel posted to HQ SACT or the NLR/PNLR offices.

Do my dependents need a US visa? YES. The exemption under the NATO and PfP SOFAs from passport and visa requirements and immigration inspection does not extend to dependents.

Are all my dependents eligible for a US visa? YES, provided they meet the US criteria for issuance of the type of visas requested.

What type of visa will my dependents receive and what are the requirements? The requirements vary in accordance with the relationship of dependents. Generally, dependents are required to be in possession of the same visa classification as the staff member in accordance with US Federal regulations.

Spouses/Partners: If the ‘union’ with your spouse requires formal dissolution equivalent to the process of divorce in your home country (“the Sending Nation”), and the ‘legal union’ is between members of the opposite sex, the US consular officer will issue a visa in the same category as the ‘sponsor’ (for example, a “NATO-2” for the dependent of a military member from a NATO nation). The visa will likely contain a statement in the “Annotation” section stating similar to: Dependent of PA (principal alien) posted to NATO HQ SACT, Norfolk, VA. The sponsor/staff member is considered the “principal alien” and his/her dependents receive ‘derivative’ visas based upon his/her status. If your spouse has not taken your surname, it is recommended that you include your original marriage certificate (which will be returned to you with the completed passports) along with your visa application and other documentation in accordance with the requirements of the Consulate where you are applying, or as instructed by National authorities.

Dependent Child(ren): Your children will receive the same category visa as the sponsor provided that the child is considered your dependent by your national authorities, is unmarried, principally maintained (financially) by the sponsor, not a member of another household, and principally resides in the household of the sponsor (living at university while studying qualifies). Please note age is not a factor for visa purposes provided that your national authorities consider the child your dependent.

Dependent Stepchild: In addition to the criteria above in “Dependent Children”, the ‘legal union’ with the child’s mother or father must have taken place prior to the child’s 18^th birthday.

Other ‘close’ family members: Other dependent family members may be eligible for a derivative “NATO” or “A” visa; however, they must meet strict eligibility requirements and be recognized by the Sending Nation as your dependent. Please contact representatives of the US Consulate or HQ SACT Office of the Legal Advisor for questions regarding this category.

My ‘spouse’/partner and I live together/have a common-law marriage/contractual marriage, and her/his application for the "NATO"/"A" visa was denied. Why? If you are unable to present a marriage certificate or official verification of marriage, equivalent to a union requiring formal dissolution in the Sending Nation, the marriage will not be considered as a "valid marriage" under US immigration law for visa purposes. Specific requirements of the union include that the spouse has the same legal rights and duties as if it were a "traditional" marriage. A "union" is recognized by local laws as being the same as a "traditional" marriage in every respect, such as terminated only by divorce, right to alimony, right of custody of children (if any) and rights under the estate if the spouse dies without a Will. If the consular officer is not satisfied that the ‘union/marriage’ meets the criteria, they will require additional evidence, or issue a different visa (historically a “B-2” (tourist) visa) to the spouse/partner.

How do we apply for the visas? You should contact your national authorities as most have well-developed relationships with US Consulates and process the visa applications through official channels. If your nation does not support the visa application process or you are experiencing difficulty or have questions regarding the visa process, please contact Office of the Legal Advisor representatives (+1 757 747 3228/3640) and we will assist you from the United States.

US CUSTOMS AND BORDER PROTECTION (CBP) FORM I-94

Earlier I read about ‘immigration inspection’ and Form I-94. What is an I-94? Form I-94 is the small (white) card issued by the US Customs and Border Protection (CBP) officer upon entry into the United States and serves as the controlling (immigration) document while in the United States. Obtaining the visa and I-94 will greatly ease your transition whilst living in the United States.

When do I receive the I-94? Each traveller will be provided with Form I-94 “Arrival/Departure Record” (the white immigration document) upon checking-in for your flight, during boarding or during the flight prior to landing. If you do not receive a blank Form I-94 for each traveller in your family, you should request from the flight crew prior to landing. You must complete/fill-in an I-94 for each member of your family (even for young children whose visa is in a parent’s passport) and present the form to the CBP officer at the port of entry for “inspection”. Civilian staff members and their family members, along with the dependents of military personnel should always obtain I-94s upon US entry. The military staff member, if entering the US using his passport and visa, should be issued an I-94 also. If you are entering the United States on a land-based entry (e.g., from Canada) you will receive the I-94 at the border checkpoint.

What information is required to complete the I-94? Name, date of birth, country of citizenship, sex, passport number, issuance and expiration date of passport, airline and flight number, country where you live, city where you boarded the flight, city where visa was issued, date of visa issuance, and US address where you will be staying. The address will likely be your hotel address or the Headquarters address (reporting your change of address is discussed later in this section).

Are there any other forms required to enter the United States? YES. A US Customs and Border Protection Declaration Form 6059-B (“Customs declaration”) is also required for all travellers. If multiple members of the same family are travelling on the same flight, and share the same last name, only one form is required. You will be provided this form at check-in, boarding or by cabin crew prior to landing. If not provided, you should request the Customs declaration form.

What information is required for the Customs Declaration (Form 6059-B)? The same information as required for Form I-94, and in addition, the number of family members travelling with you, country where you live(d), countries you visited prior to coming to the United States, series of questions regarding any plants or fruit you are carrying (prohibited), if you recently visited a farm with livestock, etc. Also there are questions concerning the amount of monetary instruments you are carrying (addressed later in this Guide), and the value of commercial merchandise you are ‘importing’ (this is used to calculate the amount of Customs duty).

Where and to whom do I give the I-94? Once your plane lands, you will be required to go through “immigration” and “customs”. The first stop is commonly referred to as “immigration”. You will hand your passport, I-94 and Customs declaration to the Customs and Border Protection (CBP) inspector. He will stamp your passport, Customs declaration, and both the top portion (“arrival” portion) and bottom portion (“departure” portion) of your I-94. He will retain the top portion of your I-94 and will return all other documents to you. The lower portion of the I-94 should be stapled into your passport opposite your “NATO” or “A” visa. You will then go to baggage claim to retrieve “checked” luggage. Once you have retrieved your luggage, you will then pass through “Customs” where you will hand the Customs Declaration to the CBP officer. You have then officially entered the United States!

Why does the CBP officer retain the top portion of Form I-94? The top portion is the “arrival portion” and records your US entry. It serves as the official record that is recorded by the US Department of Homeland Security—the parent agency of CBP. It contains your biographical information as well as the address where you will be staying in the United States.

What do I do with the lower portion of the I-94 that is in my passport? Form I-94 is the controlling immigration document and serves as your proof of legal presence in the United States. This is an important document, which should remain stapled in your passport until you depart the United States on your next trip (see next question).

If I depart the United States, what should I do with the Form I-94 that is in my passport? You should surrender the lower (“departure”) portion of Form I-94, which has remained stapled in your passport since your last US entry, when you depart the United States. It should be handed to the airline check-in staff or to the airline staff member (along with your boarding pass) before boarding the plane. There is no formal United States immigration exit point/office. Form I-94 should be surrendered at the departure point (i.e., airport/dock) from the United States. SURRENDER OF FORM I-94 IS THE PASSENGER’S RESPONSIBILITY.

I forgot to surrender the I-94 when departing the US what should I do? If you forget to surrender the I-94, leave it in your passport—DO NOT DISCARD/THROW AWAY. It is likely that you will receive a new I-94 when you re-enter the United States. Please see a representative in the Office of the Legal Advisor upon your return who will coordinate the cancellation of the previously issued I-94 with CBP officials. Please remember it is a passenger’s responsibility to surrender the I-94 at the departure point from the United States. You should never have more than one I-94 in your passport at any one time.

Even if I (the military sponsor/military staff member) have a US visa, can I travel on Travel orders and my National identification card without my passport and visa once I am officially assigned to the Headquarters? YES. Pursuant to the Agreement between the Parties to the North Atlantic Treaty regarding the Status of their Forces (NATO SOFA), Article III, NATO military and PfP staff members are not required to possess a passport containing a visa if they are travelling on NATO Travel Orders (or National Travel Orders) and possess a national identification card. NICs do not enjoy the exemption from passport and visa requirements, and immigration inspection enjoyed by their military counterparts.

I’ve heard that my NATO colleagues just keep their I-94s in their passport so they don’t have to complete an I-94 each time they enter the United States since they are travelling frequently? If you have Form I-94 in your passport, and are departing the United States via plane or ship (any departure other than a land-based entry (e.g., from Canada)), you should surrender your I-94 at check-in or with your boarding pass before boarding the plane departing the United States. Form I-94 should be surrendered at the departure point from the United States. As indicated in the previous questions, however, you are not required to receive a new Form I-94 upon your next entry if you are a member of the armed forces, are travelling on duty, and present your original travel orders and national identity card. DEPENDENTS SHOULD ALWAYS RECEIVE A NEW I-94 WHEN ENTERING THE US.

How long can I stay in the United States? “NATO” and “A” visa holders can lawfully remain in the United States—even on expired “NATO” and “A” class visas provided that the sponsor (staff member) remains in his position, and the “dependent” status of the dependents remains valid. Form I-94 should be issued for “D/S” (meaning duration of the sponsor’s status (the end of tour date)). The date of authorized stay in the United States is indicated on every Form I-94, so individuals are required to leave the United States in accordance with the date on the I-94. Form I-94 should be marked admitted “Until D/S” (to United States officials this means “duration of status” (e.g., length of tour of duty) for all “A” and “NATO” visa holders except “A-3” and “NATO-7”.

"A-3" and "NATO-7" visa holders are typically nannies or household staff in the employ of NATO or PfP personnel, who are issued visas for the contractual period—not to exceed one (1) year. Their period of authorized stay is limited to the expiration date of their A-3 or NATO-7 visa.

What does the US Customs and Border Protection (CBP) inspector write on Form I-94? You should check that the (white) Form I-94 you receive from the CBP inspector contains the correct name, visa status and that it is issued for “duration of status” (“D/S”) (meaning length of tour) --your I-94 should be white and should not contain an expiration date.

What do I do if I receive a (white) Form I-94 which has an end date? If you have an end date on your I-94, please contact a representative in the Legal Assistance Section immediately upon arrival. This should be corrected to read "D/S" (duration of status) as soon as possible as it will become part of your immigration record, and will cause problems with future entries should you not depart the US on or before the date marked on the I-94.

What do I do if I have multiple Form I-94s in my passport? Contact a representative in the Office of the Legal Advisor immediately if you have multiple I-94s issued in your name. Previously issued I-94s require cancellation which can be coordinated through the Office of the Legal Advisor. Being in possession of multiple I-94s will cause problems with future US entries and should be corrected as soon as possible as it will become part of your immigration record.

On the I-94 I gave the address of my hotel, or the HQ, or my friend’s address where I was staying. Do I need to notify anyone if this address changes, and if so how? “A” visa holders are not required to provide information regarding their change of address pursuant to US Federal law. “NATO” visa holders however are required to provide the new address to US Citizenship and Immigration Services (USCIS) authorities within 10 days of the date of the change of address. The required form is available on the USCIS website at www.uscis.gov under Forms then AR-11; you can also process the change of address online by clicking “changing your address online”. Legal Assistance representatives also provide this form during the orientation briefing, and can assist in its completion.

Why do I need an I-94/how will it ease my US transition? By receiving the I-94, you will be able to prove that you are “legally present” in the United States. Form I-94 will allow you, for example, to easily apply for a Virginia driver’s license (if you choose) and a US social security number (if you choose) (these topics are addressed in the full pdf version of the Relocation Guide).

I’m confused by the different US agencies. Which agencies are responsible for what duties related to my US entry? US Department of Homeland Security (DHS) is charged with the security and protection of US borders. This includes overseeing agencies including US Customs and Border Protection (CBP), US Citizenship and Immigration Services (USCIS), Transportation Security Administration (TSA), US Customs and Immigration Enforcement (ICE), among others. US port-of-entry procedures vary in accordance with the method of entry (e.g., type of visa, visa waiver, lawful permanent resident status, US citizen).

My colleague is posted at a NATO or National command outside the United States. Does he/she need a US visa, or can they enter on visa waiver program (VWP)?

A US visa is NOT required for NATO and PfP military personnel (‘members of the force’) travelling on NATO or National orders to the United States on official duty. They are exempt from passport and visa requirements and immigration inspection pursuant to Article III, NATO Status of Forces Agreement (NATO SOFA) and the PfP SOFA, by incorporation.

A US visa IS required for NATO International Civilian (NIC) or national civilian personnel travelling to the United States on official duty as they do not enjoy the passport/visa free provisions of the NATO SOFA. Similar requests to US Consulates have resulted in issuance of “NATO-4” visas. Such personnel who intend to apply for a US “NATO” category visa should consult the information on the US Consulate at which they intend to apply.

NATO and PfP representatives posted outside the United States travelling to the United States for purposes of conducting NATO or National business should NOT enter the United States on the visa waiver program. This has been common practise for years but not necessarily exercised by NATO personnel posted abroad as it was/is unknown.

If personnel posted outside the United States are accompanied during their official trip by a spouse, dependent, or friend, and if they are a national of a participating visa-waiver country and otherwise meet the requirements of VWP entries, then that individual may enter under visa waiver and register with the Electronic System for Travel Authorization (ESTA) (addressed later in this Guide). Information regarding the visa waiver program is addressed addressed later in this section and is also available at www.travel.state.gov (search WVP).

We received our US visas, but they expire before the end of my tour. How do I renew my visa if it expires? Your visa can be renewed in the United States 60 days prior to its expiration and requires a formal application and documentation to be completed by each applicant. Representatives in the Office of the Legal Advisor have developed instructions for this process which are available upon request, or on the NATO Secret Wide Area Network on HQ SACT Share Point web page under Legal Library, Legal Assistance.

Do I or my dependents have to renew our visas before they expire? NO. If the “NATO” or “A” visa has expired, but Form I-94 is marked, admitted “Until D/S” (“duration of status”), individuals—personnel and dependents—are permitted to remain in the United States for the duration of the tour of duty or contract even if the visa expired.

If the visa expires nearing the end of your tour of duty and travel outside the United States is not anticipated, a new visa is not required to remain in the United States. As mentioned above, Form I-94 permits a stay in the United States for “D/S” (to US officials this means “duration of status” (e.g., length of tour of duty)). Please note that US Department of State officials will not renew the visas of dependents if the end of tour of duty date is within one month of the visas expiration date.

If dependents anticipate travel outside the United States once their “NATO” or “A” visas have expired–and intend to return to the United States, they would be required to renew their visas since they should re-enter the US in the same visa category as the sponsor. Dependents’ status is derivative of the staff member’s status; therefore, visas should be renewed prior to departing the United States if re-entry to the United States is anticipated. Please note that the US Department of State will not renew the visas of dependents, unless the visa of the staff member is valid for the period of validity requested on the dependent’s application.

I am planning to leave the military service, conclude my contract or retire. How soon do I have to leave the United States? When individuals retire, leave military (or civilian) service, or leave the employ of a Headquarters or Agency, they are no longer considered to be in the same (visa) status. If you possess a “NATO” or “A” class visa, you and your dependents are required to leave the United States or apply for a change/adjustment of visa status WITHIN 30 DAYS OF THE SPONSOR’S LAST DUTY DAY.

What happens if I, or my dependents, don’t leave the United States within 30 days of my last duty day? Failure to depart the United States or change/adjust your or your dependents' status is a violation of US Federal regulations, and is grounds for administrative removal (of individuals found to be in violation) by US authorities. Detailed information is available on the Office of the Legal Advisor web page on the NATO Secret Wide Area Network on HQ SACT Share Point web page under Legal Library, Legal Assistance. You can also consult the Military and Human Resources, and/or your National Liaison Representative or Senior National Officer regarding this requirement. Please note under the NATO and PfP SOFAs, your National authorities have an obligation to report to US authorities (done through HQ SACT Office of the Legal Advisor) if their member is absent without leave for 21 days, or if they are aware the individual does not intend to repatriate.

US VISIT PROGRAM

What is US VISIT? The United States Visitor and Immigrant Status Indicator Technology Program (known as "US-VISIT") uses digital equipment to collect biometric information (digital fingerprints, photograph and "other biometric identifiers") to verify/confirm an individual's identity. These requirements are in addition to the standard US entry process in which basic information is gathered regarding an individual's identity and their visit to the United States.

Do I have to be fingerprinted and photographed when I enter the United States? NO. US Federal regulations governing US-VISIT exempts certain categories of non-immigrants from the requirements of the US-VISIT program, specifically the collection of biometric data. The exemptions include international personnel, members of the force and NATO international civilians, and their dependents, who are entering the United States pursuant to A-1, A-2, NATO-1 through NATO-6 visas, as well as certain other classes of exemptions that are not mentioned herein as they do not affect the personnel and their dependents mentioned herein.

Individuals who are accompanying NATO personnel such as housekeepers and nannies pursuant to NATO-7 or A-3 visas are not exempt from the collection of biometric data.

What if the CBP inspector is unaware of my exemption and insists on collecting this data? Although certain categories of “NATO” and "A" visa holders are generally exempt from the collection of biometric data, a particular CBP inspector may be unaware of the exemption. Travellers should comply with the CBP inspector's request. If, after informing him of the general exemption, he requests that the traveller submit to the requirements, this will likely only include fingerprinting and photographing. Otherwise, the inspector may refuse to permit the traveller to enter the country. If HQ staff members or dependents experience difficulties upon entry, please inform representatives in the Legal Assistance Section (+1 757 747 3228/3640) so that they can coordinate with Department of Homeland Security (DHS) officials to minimize inconvenience for future NATO travellers.

My spouse, or dependent children, do not intend to live with me in the United States, but will be visiting. Can they just ‘visit’ me and enter on visa waiver? NO. Per US Department of State policy, family members of personnel who qualify as dependents pursuant to regulations of the Sending Nation should not enter the United States under visa waiver. These individuals should apply for a derivative “A” or “NATO” visa prior to travel to the United States. Please contact the Office of the Legal Advisor (+1 757 747 3228/3640) for additional information or clarification.

VISA WAIVER PROGRAM (VWP)

Where can I find more information on the visa waiver program for my extended family members or friends so they can visit? Information regarding the visa waiver program (VWP) can be found at the US Department of State website at http://travel.state.gov/visa/temp/without/without_1990.html.

What nationals are eligible? A list of the 36 VWP participating countries and additional information regarding travel under visa waiver can be found at the above link. NATO and Partnership for Peace nations that are included in the VWP program are: Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Lithuania, Luxembourg, the Netherlands, Norway, Portugal, Slovakia, Slovenia, Spain, Sweden, Switzerland, and the United Kingdom.

Can I, or my dependents, enter the United States on visa waiver? NO. As addressed previously in this section, visa waiver does NOT apply to dependents who have, or are eligible for, a “NATO” or “A” visa. This information is also NOT relevant to NATO and Partnership for Peace (PfP) personnel travelling on orders and identification card pursuant to the NATO and PfP SOFAs, or for family members who possess “NATO” or “A” category visas.

Travellers should only enter under visa waiver if the purpose of their US stay is less than 90 days and is strictly for tourism or certain types of business (reference www.travel.state.gov).

My friend/family member is from a visa waiver participating country, but his passport does not meet the current requirements. Does he need a visa? YES. Travellers should apply for a tourist visa and should not attempt entry under visa waiver if any of the following apply: is unable to produce a machine-readable passport; wish to remain in the United States longer than 90 days; wish to change their status (e.g., from tourist to student) while remaining in the United States; wish to seek employment; have previously been refused entry under visa waiver or denied a visa by a US Consulate; have an overstay on their immigration record or failed to depart the United States in accordance with the requirements of a prior US entry; have been charged with a crime (does not require conviction); is not visiting as a tourist; has certain communicable/infectious diseases.

For extensive and the most up-to-date information regarding VWP and US travel requirements, please consult the US Department of State website at travel.state.gov/visa/temp/without/without_1990.html or www.travel.state.gov; information regarding the US-VISIT program can be found at the US Department of Homeland Security at: www.dhs.gov/files/programs/usv.shtm or www.dhs.gov.

ELECTRONIC SYSTEM FOR TRAVEL AUTHORIZATION (ESTA)

What is ESTA? The Department of Homeland Security (DHS) Electronic System for Travel Authorization (ESTA) is a “fully automated, electronic system designed to screen passengers before they begin travel to the United States” under the visa waiver program (VWP) (please note that ESTA approval is not a visa). ESTA has been in place since 1 August 2008, and is now mandatory for all travelers eligible for and seeking US entry under VWP, or transiting through the United States.

Where can I find more information regarding ESTA? Information regarding ESTA can be found at http://cbp.gov/esta.

Do NATO and PfP personnel and their dependents need to register in ESTA? NO. You do NOT need to register if you are seeking entry into the United States with a visa! Implementation of the Electronic System for Travel Authorization (ESTA) has no impact on NATO or PfP personnel or their dependents travelling to the United States as they should not be entering under the visa waiver program, but on Orders (military personnel) or pursuant to their “NATO” or “A” visas. ESTA is only for use by travellers who are entering under visa waiver.

My friend or extended family member (without a visa) is coming to visit me in the United States, but they do not have access to the Internet? If the traveller does not have Internet access, another person may complete the electronic application on the traveller’s behalf; however, the traveller remains responsible for the information submitted on their behalf.

When can they complete the ESTA registration? Travellers should apply for ESTA registration as soon as they plan travel to the United States, or at any time up to the day of departure. Specific travel plans are not required.

How soon do they receive a response from the ESTA system? Following submission of the ESTA application on-line, ESTA approval will ordinarily be generated immediately (and will display on the screen) and the traveller will receive a response of “Authorization Approved”. If the application is not immediately approved, the response displayed will be either:

“Authorization Pending.” If received, the traveller should check the website within 72 hours for a final determination/decision; or

“Travel Not Authorized.” If travel is not authorized, a link will be provided containing visa application information. Please note there is no expedited processing of visa applications by US Consulates for travellers who are unsuccessful with their ESTA application. Visa processing ordinarily requires an appointment, which may in some instances take several weeks to obtain.

How long is the ESTA Approval valid? ESTA is typically granted for a two-year period or until the applicant's passport expires, whichever is sooner. ESTA provides validity dates upon approval of the application (for further details see www.cbp.gov, click Travel, Smart Travel – Electronic System for Travel Authorization, then Frequently Asked Questions).

NOTE: ESTA approval is unique to the traveller’s passport. If a passport is renewed, or the traveller enters under a different passport, a new ESTA application must be submitted containing the new passport information.

If the traveller’s information has changed (passport, name, citizenship, etc.), the information must be updated in ESTA esta.cbp.dhs.gov/esta.

The traveller is not required to carry the printed ESTA approval, although the ESTA application number and confirmation may prove helpful.

ESTA approval permits an individual to board a US-bound carrier (e.g., airplane, ship); however, travellers will continue to be inspected by a US Customs and Border Protection inspector at the US port of entry.

Is there a fee for the ESTA application? YES, effective 8 September 2010, a fee of $14.00 was introduced. The fee is comprised of two parts: 1. Processing Fee: all applicants requesting an electronic travel authorization are charged for the processing of the application. The processing fee is $4.00; 2. Authorization Charge: if your application is approved and you receive authorization to travel to the United States, an additional $10.00 fee will be charged to your credit card. If your electronic travel authorization is denied, you are only charged for the processing of your application.

US PASSPORT REQUIREMENTS FOR TRAVELLERS WITHOUT A VISA

What are United States’ requirements for passports? Please consider the following passport requirements applicable to foreign citizens travelling to the United States without a visa:

NOTE: This paragraph does not apply to individuals travelling to the United States on a US visa. It also does NOT apply to ‘members of the force’ when travelling on NATO/National travel orders and ID pursuant to Article 3, Paragraph 2, NATO or PfP SOFAs.

Machine Readable Passport: Visitors entering the United States under the visa waiver program must have a machine-readable passport. If they do not have a machine-readable passport, they are required to obtain a visa prior to travel.

Digital Photograph Requirement: Machine-readable passports issued on 26 October 2005 or later by countries participating in the visa waiver program must include a digital photograph printed on the data page, or an integrated chip with information from the data page, or the traveller will be required to obtain a visa. A digital photograph is one that is printed directly onto the page—not a photograph glued or laminated into the passport. If you have a passport issued prior to 26 October 2005 you can still enter under the Visa Waiver Program provided it is machine-readable. If you have an “e-Passport” (see item 3 below) you can travel to the United States since e-Passports contain digitized photographs.

E-Passports: Machine-readable passports issued on or after 26 October 2006 by countries participating in visa waiver must be “e-Passports” in order for the traveller to enter the United States under visa waiver. E-Passports include an integrated computer chip which is capable of storing biographic information, digitized photograph and other biometric information. E-Passports are identified by the symbol on the front cover--a small rectangular box with a horizontal line joining a circle in the middle. If the traveller does not have an e-passport and the passport was issued on 26 October 2006 or later, they will be required to obtain a visa.

Are there special passport requirements for individuals entering the United States on visa waiver? Families seeking to enter the United States under the visa waiver program will need to comply with the above passport requirements for each traveller, including infants and children—this may require obtaining passports for each child since passports ordinarily contain the bio data for only one traveller (in the machine readable zone). The traveller should contact their country’s passport issuing agency or authority if they have any doubts related to their passport and/or requirements. US regulations recognize that some countries permit a single passport to include more than one person (especially common when the ‘passport biographic page’ of a child is placed into the passport of a parent).

Visitors entering the United States under the visa waiver program can expect to be photographed and fingerprinted upon each entry until further notice.

Are visitors required to have a passport which is valid for at least six (6) months when entering on visa waiver? Visitors should have at least six (6) months validity remaining on their passport upon entering the United States, even though they are seeking entry under visa waiver which permits a maximum period of 90 days. The United States has agreements with many countries which extend passport validity; however, this should be verified prior to booking travel.

 TRAVEL TO THE UNITED STATES—GENERALLY

Where do I obtain information regarding travel to the United States? The Transportation Security Administration (TSA), US Department of Homeland Security, is the US government agency responsible for security at US ports of entry. It is recommended that you consult the website for more detailed information prior to your travel to the United States, www.tsa.gov.

What is the “Secure Flight Program”? Secure Flight is a US Department of Homeland Security program designed to enhance the security of air travel—international and domestic—through the use of improved watch list matching by TSA. It is a pre-screening of passenger information and name-checking against government watch lists.

What do I need to do? Ensure that when you arrange your travel that you have provided your full name, date of birth and gender. This allows TSA to perform watch-list matching. You should ensure that this information matches your identification (i.e., your passport) exactly.

How does it affect me? You will be required to provide additional information when making travel reservations to the United States.

When is it in effect? Secure Flight has been in effect for several years. The traveller’s full name, date of birth and gender must be provided. Secure Flight will not conduct watch list matching or approve the issuance of a boarding pass by an airline if complete passenger data is not submitted.

I would like to use a checklist for travel, can you provide one? US Customs and Border Protection has a wealth of knowledge and checklists on their website at www.cbp.gov (search "Know Before You Go").

Are there any special or unusual rules about travel to the United States that would be helpful to know? YES, many…here are only a few:

When packing for travel, place valuable items in a carry-on suitcase that you intend to maintain personal custody of throughout your travel. Your hand carried luggage will be screened and may be hand searched.

Carry cash and negotiable instruments (money orders, personal checks, etc.) on your person. Please note that individuals carrying “monetary instruments” valued at $10,000 or more are required to report/declare this on a “Report of International Transportation of Currency or Monetary Instruments” FinCEN Form 105. The form can be downloaded in advance at www.fincen.gov or obtained from a US Customs official upon your entry. Failure to declare currency being hand carried to the United States in amounts over $10,000 can result in its seizure.

Are there restrictions on what I can bring on the plane in my luggage? There are different restrictions on what you can pack into checked and carry-on luggage. Ensure that you understand the requirements and restrictions by visiting TSA’s website www.tsa.gov, and clicking on “For Travelers”.

What are the restrictions on liquids? When travelling to the United States, you are permitted to carry one quart-size clear plastic zip-top bag containing travel-size toiletries (3 ounces (100 ML) or less). Generally, you are not permitted to pack in your luggage or carry on-board the following items: fireworks, flares, fuel, paint, spray cans, butane fuel (including culinary torches), soldering tools, utility lighters, scuba tanks, CO2 cartridges, firearms (see sections entitled “Importation of Firearms”, and “Firearms” later in this Guide), ammunition, gunpowder, mace, pepper spray, dry ice, wet-cell batteries, poisons, infectious substances, and related items. This list is not all-inclusive; please consult the TSA website http://www.tsa.gov/311/index.shtm, and the US Federal Aviation Administration (FAA) website at: http://www.faa.gov/passengers/index.cfm for additional information.

What items are restricted? Possession of prohibited items, or discovery of prohibited items in checked luggage, will result in the confiscation (taking away) of the item and a follow-on investigation by US Government officials. In addition, it could result in your detainment.

The lock on my suitcase is broken and now my luggage is ruined. Who do I contact to receive reimbursement? If you chose to lock your suitcase, the locks may be broken so TSA representatives can complete the security checks. If the lock is a “TSA-recognized locking mechanism”, TSA officials will be able to unlock and relock your luggage during the screening process. There is no recourse for claiming reimbursement for a broken lock or subsequesnt damage to the suitcase.

I left personal items at the security screening checkpoint, what can I do and who do I contact? If you have lost or are missing property that you believe was left by mistake at a TSA checkpoint, contact the TSA Contact Center at 1 866 289 9673. For all other incidents involving lost or damaged property in the United States in connection with your travel, please contact the Office of the Legal Advisor upon arrival and information regarding filing a claim with TSA will be provided. If the item was lost or missing abroad, you will have to contact the airline and the company providing the security for the particular airport where you believe the item was lost.