US Admission under VWP ESTA in a General Aviation Aircraft
One regulatory topic that has caught aircraft operators by surprise is the requirements for bringing a citizen from a Visa Waiver Program (VWP) country into the USA. The Visa Waiver Program (VWP) permits citizens of 42 countries to travel to the United States for business or tourism for stays of up to 90 days without a visa. Electronic System for Travel Authorization (ESTA) is an automated system that determines the eligibility of visitors to travel to the United States under the Visa Waiver Program (VWP). To facilitate the arrival of Visa Waiver Program (VWP) passengers, aircraft operators need to be signatory to a current agreement with U.S. Customs and Border Protection (CBP). The only other alternative would be for the travelers to have a US VISA to enter the US on a general aviation aircraft.
As an aircraft operator, you should never say that you will NEVER have to carry a citizen from a VWP country aboard because that will be the day when it happens. Go ahead and become a signatory carrier while you have the time. Now there is one loophole that could save you if you find yourself in a situation where you have flown a citizen from a VWP country out of the US and now you need to bring them back in. There are general provisions for non-signatory carriers to carry certain VWP travelers to and from contiguous territories (Mexico and Canada) and/or adjacent islands )Anguilla, Antigua, Aruba, Bahamas, Barbados, Barbuda, Bermuda, Bonaire, British Virgin Islands, Cayman Islands, Curacao, Dominica, the Dominican Republic, Grenada, Guadeloupe, Haiti, Jamaica, Marie-Galante, Martinique, Miquelon, Montserrat, Saba, Saint Barthélemy, Saint Christopher, Saint Eustatius, Saint Kitts-Nevis, Saint Lucia, Saint Maarten, Saint Martin, Saint Pierre, Saint Vincent and Grenadines, Trinidad and Tobago, Turks and Caicos Islands, and other British, French and Netherlands territory or possessions bordering on the Caribbean Sea.)
However, the CBP Port of Entry shall make the final admissibility decision upon arrival. It’s very important to communicate to the CBP port of entry when requesting permission to land to establish the traveler is applying for:
READMISSION (revalidation of the I-94 within 90-days of the initial admission date) to the United States, and
NOT an initial ADMISSION under the Visa Waiver Program.
