ESTA Requirements and Emergency Travel.

The widespread civil unrest in Egypt brings into focus problems travelers from Visa Waiver countries may encounter when Internet access for Electronic System for Travel Authorization (ESTA) registration is limited or unavailable. CBP posted ESTA FAQs on October 6, 2010, including a brief discussion of CBP discretionary authority to waive ESTA registration due to emergent circumstances. As waivers of ESTA registration are handled by ports of entry on a case-by-case basis, communicating with CBP at the intended port of entry about the expected arrival(s) is suggested.

The national office of CBP has indicated that it expects CBP offices to be flexible with Visa Waiver Program (VWP) travelers without an ESTA due to emergent circumstances.

Travel Advisory: Delays Due to Icelandic Volcano Eruption (04/17/2010)

If you or someone you know is stranded in the United States because of the airport closures in Europe due to the Icelandic volcano eruption and is about to exceed their authorized stay as a direct result of these closures, there are two avenues for relief:

If the traveler is at the airport and traveling under the Visa Waiver Program (VWP) and unable to depart timely, as a result of airport closures or flight delays/cancellations, travelers should:

1. Contact the U.S. Customs and Border Protection (CBP) office at the airport or;

2. Contact the U.S. Citizenship and Immigration Services (USCIS) office.

Both agencies have provided staff with guidance on the applicable legal authorities under the VWP in circumstances such as these.

If persons are traveling under a visa, they should contact the nearest USCIS office and follow the instructions at the link called “USCIS – Extend My Stay”.

While this link recommends initiating the process 45 days in advance, USCIS is providing guidance on how to handle these cases over this weekend.

Travelers should continue to contact their airline for information about flight schedules, delays and cancellations. If airlines have questions about the situation, they can contact their Regional Carrier Liaison Group (RCLG). The Miami RCLG can be reached at (305) 874-5444.