If you are planning a trip to California, you may be wondering if you need a visa to enter the United States. The answer depends on your country of citizenship and the purpose of your visit. In this blog, we will cover everything you need to know about visas and ESTAs for visiting California.
Who needs a visa to visit California and who can apply for an ESTA?
Citizens of certain countries are required to obtain a visa before being allowed to travel to the United States, while others only have to apply for an ESTA, which is much quicker and easier to get. Suppose your country is not a member of the Visa Waiver Program (VWP). In that case, you do not qualify to apply for an ESTA – so you will have to apply for a visitor (B) visa to travel to California or anywhere else in the United States.
Who needs an ESTA?
ESTA, or the Electronic System for Travel Authorization, is an online system run by American CBP (Customs and Border Protection) to determine who qualifies to travel to the United States under the VWP for tourism or business purposes. If you are a citizen of a country that belongs to the VWP, you should apply online for an ESTA before you board a U.S. bound plane or ship.
What are the different procedures to get a visa and to get an ESTA?
To apply for a visitor (B) visa, you will need to complete the Nonimmigrant Visa Electronic Application (DS-160) form, pay the visa application fee, and schedule an interview at the U.S. embassy or consulate in your country. To apply for an ESTA, you can simply complete the online form available on the CBP website. The application takes no more than ten minutes to complete.
For how long is a visa valid? For what period is an ESTA valid?
The validity of a visitor (B) visa varies depending on the type of visa and the country of origin. You can check the U.S. Department of State website for more information on visa validity.
An approved ESTA is valid for two years from the date of authorization or until the expiration of your passport, whichever comes first.
For how long can I stay in the US on an ESTA or a visa?
If you are traveling to the United States under the VWP and you have an approved ESTA, you are allowed to stay in the US for up to 90 days for tourism or business purposes.
If you are traveling on a B-1 or B-2 visa, you may stay in the US for up to 180 days at a time. However, the visa itself is generally valid for ten years. During that time you can visit the US multiple times for a maximum of 180 days at a time.
Can I accept a job offer in California while I am visiting on a tourist visa or an ESTA?
You cannot accept a job offer in California on an ESTA or a tourist visa. Both documents only allow for travel to the United States for tourism or business purposes.
If you are traveling to the United States for work, you will need to obtain a work visa. The U.S. Department of State offers several types of work visas, including the H-1B visa for specialty occupations and the L-1 visa for intracompany transferees.
Can I renew a visa or an ESTA while I am in the United States?
If you are in the United States on a visitor (B) visa, you may be able to apply for an extension of your stay. However, you must apply before your authorized stay expires.
If you are in the country on an ESTA, however, you cannot extend your stay. You must leave the US before your authorized stay expires.
To summarize, whether you need a visa or an ESTA to visit California depends on your country of citizenship and the purpose of your visit. If you are eligible for the VWP, you can apply for an ESTA online. If you are not eligible for the VWP, you will need to apply for a visitor (B) visa.
Remember to check the validity of your visa or ESTA before your departure, and make sure to leave the United States before your authorized stay expires.
Once I have an ESTA or a visa, can I also travel from California to other parts of the United States?
Yes, once you have an ESTA or a visa, you are allowed to travel from California to other parts of the United States. An approved ESTA allows you to travel to any U.S. port of entry (generally an airport) and from there visit any other region in the United States.
However, an approved ESTA does not guarantee entry into the United States. The Customs and Border Protection (CBP) officials at the port of entry have the final authority to determine whether you are admissible to the country. Similarly, if you have a visitor (B) visa, you can also travel to other parts of the United States. In this case, the CBP official at the port of entry also has the final authority to determine whether you are admissible to the United States or not.
The bottom line is that once you have an ESTA or a visa, you can travel from California to any other region in the United States, provided that the CBF staff at your port of entry do not determine that you do not qualify to enter the country.
What will happen if I overstay the 90 days I am allowed in the United States at a time on an ESTA? Will I go to jail?
To overstay your ESTA authorization is a serious breach of American immigration legislation, and it could have unfortunate consequences.
If a person is found guilty of overstaying his or her ESTA authorization, he or she could be ordered to immediately leave the United States. On top of that, they could incur penalties, including fines or being banned from traveling to the country in the future.
Primarily, overstaying an ESTA could effectively bring an end to that individual’s ESTA privileges for the rest of their life. The current ESTA will be summarily canceled, and you are unlikely to be allowed to use the ESTA program again in the future. This effectively means that even overstaying an ESTA by a single day could cause you to lose your ESTA privileges. You will then have to apply for a visa at a US consulate or embassy abroad if you want to enter the United States again in the future.
If you arrive in the US with a valid visa, such as a tourist or student visa, and you overstay by fewer than 180 days, your visa will also be voided, and you will be required to apply for a new one in your own country if you would like to return to the United States in the future.
In the case of a visa, therefore, you will at least be eligible to return to the US at a future time, provided that you get the necessary visa beforehand. Getting a new visa after overstaying your welcome during a previous visit could, however, also be decidedly more difficult, because you will have to convince the US authorities that you are not going to overstay your visa again.