Programs initiated to speed travelers on their way

Updated October 22, 2008

Programs initiated to speed travelers on their way

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By Jennifer G. Parser, Ward and Smith, P.A.

Editor's Note: Jennifer Parser is a member of the Labor and Employment Practice Group at Ward and Smith, P.A., where her primary focus is on immigration matters.

A number of recently instituted travel programs will positively impact certain travelers. Some programs permit a traveler to complete an online application and in person interview in order to bypass certain security and customs lines, while others permit expedited entry into or departure out of the United States.

GOES: By-Passing Passport Control upon Entry into the United States

U.S. Customs and Border Protection ("CBP") now is conducting a program known as "Global Entry." Global Entry is available to all United States citizens and lawful permanent residents or "green card" holders. Such persons can enroll in the Global Entry program through the Global Online Enrollment System, known as "GOES." Enrollment in the Global Entry program grants pre-approved, low risk United States travelers expedited clearance through customs for entry back into the United States. The Global Entry program currently is operational at the following airports: Los Angeles, Atlanta, Chicago (O'Hare International Airport), Miami, Houston (George Bush Intercontinental Airport), Washington (Dulles International Airport), and New York (John F. Kennedy International Airport), all major hubs for international travel.

To take advantage of the Global Entry program, each traveler must apply online through GOES and pay a non refundable fee of $100. Travel between the United States and Mexico or Canada requires a lower fee. Once an application is submitted online and the fee is processed, CBP will review the application and determine whether or not to conditionally approve the applicant. If conditionally approved, the applicant then proceeds to an interview with representatives of CBP before receiving final approval as a Global Entry traveler.

If final approval is received, the Global Entry participant will bypass the regular passport control line at U.S. immigration to gain entry into the United States and proceed directly to a Global Entry kiosk, where the participant will activate the system by inserting the participant's passport or permanent resident card into a document reader. The participant then will provide digital fingerprints at the kiosk which will be compared against the participant's fingerprints on file. If the fingerprints match, the participant then is photographed and must answer certain background questions on the kiosk’s touch screen. Upon completion of all of these steps, the participant will be issued a receipt which the participant must present to a CBP officer prior to leaving the inspection area and clearing customs.

CLEAR: Expedited Security Clearance at United States Airports

CLEAR is operated by Verified Identity Pass, Inc., a privately owned company approved by the Transportation Security Administration ("TSA") to pre-screen travel applicants for expedited airport security clearance. Applicants wishing to receive CLEAR privileges must be United States citizens or lawful permanent residents aged 12 or older. To register for CLEAR, an applicant must apply online at "www.FlyClear.com," pay a $128 fee, and undergo a security background check. After clearing this stage, the traveler must appear in person at an enrollment center located at certain major airports and other central locations listed on "www.FlyClear.com" with two government approved IDs, and be photographed and fingerprinted. If approved, the traveler will be issued a CLEAR card allowing the traveler to bypass long airport security lines. While the holder of a CLEAR card still passes through airport security, the traveler is allowed to use specially designated CLEAR lanes where the average wait time is four minutes. CLEAR currently is operational at the following airports: Albany, Cincinnati, Washington (Dulles International Airport), Washington (Reagan National Airport), Denver, Indianapolis, Jacksonville, Little Rock, Oakland, Orlando, Reno, Salt Lake City, San Francisco, San Jose, and Westchester.

ESTA: Pre-authorized entry for Visa Waiver Program Travelers

A Visa Waiver Program ("VWP") allows foreign travelers to waive the requirement to obtain a visa for entry into the United States, typically because their travel into the United States is for a short period of time (90 days or less). Travelers into the United States on a VWP now have the option of enrolling in the Electronic System for Travel Authorization ("ESTA"), which provides pre approved authorization into the United States. While enrollment in ESTA currently is optional, enrollment in ESTA for each foreign traveler on a VWP will be mandatory beginning on January 12, 2009. At that time, VWP travelers who fail to obtain an ESTA travel authorization can be denied the right to board an aircraft or enter the United States at a port of entry. If the trip to the United States is for longer than 90 days, an appropriate visa must be obtained.

ESTA applications may be submitted at any time prior to travel to the United States. An ESTA approval is valid for multiple entries into the United States for two years or until the date on which the traveler's passport expires, whichever occurs first. Should the travel plans indicated on the initial ESTA online application change between initial authorization and actual travel, the traveler may modify that information online. Emergency travel also can receive expedited consideration and approval.
Once a completed ESTA application has been submitted online, it will be examined and compared against information found in various United States law enforcement databases, and the comparison will produce one of three resulting responses: Authorization Approved, Travel Not Authorized, or Authorization Pending. If ESTA generates a Travel Not Authorized result, the applicant must apply for a visa. With an ESTA authorization, entry into the United States is pre approved, which should save ESTA-approved travelers time, expense, and frustration.

Interactive WHTI Travel Widget

On October 3, 2008, CBP announced the availability of a desktop widget for United States and Canadian citizens entering the United States from Canada, Mexico, Bermuda, or the Caribbean. The widget can be downloaded at "www.GetYouHome.gov." The automated widget provides a countdown to the traveler's date of departure, the weather at the traveler's destination, and, most importantly, a reminder to obtain appropriate travel documents as required under the Western Hemisphere Travel Initiative ("WHTI").

WHTI: Upcoming Changes for Western Hemisphere Travelers

Beginning June 1, 2009, United States and Canadian citizens must present a passport, passport card, or other WHTI-compliant document for travel into the United States. A WHTI-compliant document is a government-issued photo ID, such as a driver’s license, as proof of identity, along with proof of citizenship, such as a birth certificate or naturalization certificate. However, these WHTI-compliant documents are acceptable only for land or sea travel entry into the United States; a passport must be used for airport entry.

Conclusion

The programs described above are attempts to streamline and enhance domestic and international travel. While these systems require adjustments on the part of the traveling public, they all point to a new age in travel where technology can make the entire process easier. The savvy international traveler will let these technological advances streamline travel and avoid frustration and possible disappointment.

© 2008, Ward and Smith, P.A.

Ward and Smith, P.A. provides a multi-specialty approach to the representation of technology companies and their officers, directors, employees, and investors. Jennifer Parser is admitted to practice in New York only and practices in the Labor and Employment Practice Group of Ward and Smith, P.A. where she concentrates in immigration law. Comments or questions may be sent to jgp@wardandsmith.com.

This article is not intended to give, and should not be relied upon for, legal advice in any particular circumstance or fact situation. No action should be taken in reliance upon the information contained in this article without obtaining the advice of an attorney.

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