Expert: Roberto Gomes - 9/30/2008

Question
QUESTION: I have dual nationality (Irish and New Zealand passports).  Both are in the Visa Waiver Program. I wish to fly from London to Colombia next month and then travel overland up to Mexico City and fly from there back to London next June. The cheapest flights are via USA. But...I have heard that if my return flight is more than three months after my initial flight (which it definitely is) then when I arrive in the US they will make me buy a return flight on the spot (as they think probably think I will want to stay in the US..?) Is this true?

ANSWER: Dear Anna,

The Visa Waiver Program (VWP) enables nationals of certain countries to travel/transit to the United States for tourism or business for stays of 90 days or less without obtaining a visa.

Since you won't be staying in the US - just transiting - the 90 days period does not applies to your case. Technically, you will enter the US when your flight arrives, and will leave the US when your connecting flight departs on the same day. Carry with you your itinerary printed with dates and flights involved.

Also new requeriments are in place concerning trips involving the VWP. The Department of Homeland Security (DHS) announces implementation of the Electronic System for Travel Authorization (ESTA), which will begin to accept voluntary ESTA applications starting on August 1, 2008. ESTA is a new fully automated, electronic system for screening passengers before they begin travel to the United States under the Visa Waiver Program. 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.

It is anticipated that ESTA will become mandatory for VWP travelers on January 12, 2009.

Learn more about ESTA on the DHS Customs and Border Protection (CBP) website at the following link:

http://www.cbp.gov/xp/cgov/travel/id_visa/esta/

Review the Interim Final Rule on the DHS main website on the link below:

http://www.dhs.gov/xprevprot/laws/gc_1212505190650.shtm

Hope this helps.

Best Regards,
R. Gomes



---------- FOLLOW-UP ----------

QUESTION: Hi, thank you very much for your reply. The main reason I asked was because of someone I heards of who recently flew to Costa Rica via the US. She was then going to travel overland to Brazil and fly from Brazil back to England six months later. However when she got to the US they made her buy a return flight on the spot because her return flight was six months later. It didn't matter that her next flight was only an hour later. But maybe I am confused...maybe they didn't want her to board the flight to CR without a return flight as she may have been refused entry on that side (which would be bad for the airline)...maybe it had nothing to do with the US not wanting her to 'overstay'?

Answer
Anna,

The responsibility of the US Immigration official or any other Immigration officer is to determine that persons entering or transit to/via the US or any other country, gather the proper conditions to be admitted related to the purpose of their travel. He/she does not any jurisdiction on what can or may happen in the third country involved on the person's itinerary, since he/she can not determine if the Immigration of such country will or will not authorize the entry.

R.Gomes