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What do I do if I qualify for an exception under the new law?

What do I do if I qualify for an exception under the new law?

The Act provides for limited exceptions to the travel/physical presence-related bar.  To qualify, the otherwise barred individual must establish that the purpose of the travel to Iraq, Iran, Syria, or Sudan was to perform military service in the armed forces of a VWP program country or to carry out official duties as a full-time employee of the government of a VWP program country .  These military and official government services exceptions, however, do not apply to the dual national restriction.  A new ESTA application with additional questions will be released in late February that will address exceptions provided for in the new law, although travelers who are subject to these exceptions should carry with them proof of their military or government service with them on their trip to the United States.

If an individual has his or her ESTA denied or revoked, and has urgent travel prior to late February, the individual may go to the CBP website, www.cbp.gov.  If a traveler needs to speak to someone immediately, they may contact the CBP information Center, http://www.cbp.gov/contact.  The traveler may also apply for a nonimmigrant visa from a U.S. Embassy or Consulate.  The individual should mention that an ESTA was denied dueto the new law and attach a copy of the ESTA denial email in the request for an expedited visa interview.The person should also mention reasons they believe the travel barring ESTA approval was to perform military services in the armed services of a program country, or in order to carry out official duties as a full-time employee of the government of a program country.  Further information can be found at travel.state.gov

Once the new ESTA application is available, those who do not have imminent travel, but believe they are eligible for the exception will need to contact CBP.  Additional information on this process is forthcoming.