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ESTA, EVUS and visitor visas for family visitsESTA, EVUS and visitor visas

Wang Law Firm, LLC · David Wang, Managing Attorney · Attorney-reviewed · Updated October 2026

Start here: ① Neither mainland Chinese passports nor Hong Kong SAR passports are in the Visa Waiver Program; holders cannot apply for ESTA and need a B1/B2 or other visa to come to the United States; a Taiwan passport qualifies for visa-free travel only if it includes a personal identification number. ② If you hold a Chinese passport with a 10-year B visa, confirm that your EVUS enrollment is valid before every trip; after getting a new passport or new visa you must enroll again, or you may be unable to board. ③ An ESTA denial cannot be appealed, and it does not mean you cannot come to the United States—the next step is usually to apply for a B1/B2 visa at a U.S. embassy or consulate. ④ How long you may stay in the United States is determined by your I-94, not by the visa’s validity; visa-free entry allows a stay of up to 90 days and cannot be extended. ⑤ If you have already overstayed or plan to change status in the United States, have an attorney assess your situation before deciding anything.

For short visits to the United States for family, tourism or business, there are three common documents: the electronic travel authorization under the Visa Waiver Program (ESTA), the electronic enrollment required of holders of 10-year visas in Chinese passports (EVUS), and the B1/B2 visitor visa itself. The three are often confused, but they differ in who they apply to, how long you can stay and how problems can be fixed.

This article is for three groups of readers: families (for example, Chinese families) inviting parents to visit the United States; people with Taiwan passports or passports of other Visa Waiver Program countries who plan to enter on ESTA; and people whose ESTA was denied and who are unsure what to do next. For eligibility for the B1/B2 visa itself and the activities it permits, see the B-1/B-2 visa guide.

The Visa Waiver Program and ESTA: who can use it

The Visa Waiver Program (VWP), based on section 217 of the Immigration and Nationality Act (INA), allows citizens of designated countries or areas to enter the United States without a visa for tourism or business, for up to 90 days per visit. Before traveling to the United States by air or cruise ship, you must obtain approval through the Electronic System for Travel Authorization (ESTA) and hold an e-passport.

As of October 2026, the U.S. Department of State lists 42 Visa Waiver Program countries and areas, including Japan, South Korea, Singapore, Australia, New Zealand, the United Kingdom, most European Union countries, Israel, Qatar, Brunei and Taiwan. The points most relevant to Chinese-speaking readers:

Travel to certain countries, or certain dual nationalities, rules out visa-free travel

Even if your passport is from a Visa Waiver Program country, the following people cannot use the Visa Waiver Program and must apply for a visa (with exceptions such as travel to perform diplomatic or military duties for a Visa Waiver Program country’s government):

This Visa Waiver Program restriction list and the presidential entry restriction proclamation discussed below are two separate sets of rules; do not confuse them.

How long an ESTA is valid

Under federal regulation 8 CFR 217.5, an approved ESTA is generally valid for two years, or until your passport expires if that is sooner. You may enter multiple times during the validity period, but each stay still may not exceed 90 days. If you get a new passport or change your name, you must apply for a new ESTA. An ESTA approval only means you may board a flight to the United States; it does not guarantee admission—whether you are admitted is decided by the CBP officer after inspection at the port of entry.

What to do if your ESTA is denied

When the ESTA result shows “Travel Not Authorized,” common reasons include:

The Department of State specifically cautions that a recent visa refusal for any reason may lead to an ESTA denial, additional screening at entry or a denial of admission.

The next step: apply for a visa, not an “appeal”

At a visa interview, the officer will see the ESTA denial record. When preparing, explain the reason for the denial truthfully and show, as section 214(b) requires, that you will leave after a short visit; see What to do after a 214(b) refusal.

Limits on visa-free entry: 90 days, no extensions, no change of status

EVUS: electronic enrollment for holders of 10-year visas in Chinese passports

The Electronic Visa Update System (EVUS) is CBP’s online enrollment for travelers who hold a passport of the People’s Republic of China and a B1/B2, B1 or B2 visa valid for 10 years. Enrollment is required even if the visa has no special annotation. Hong Kong SAR, Macao SAR and Taiwan passports are not covered; holders of other visa categories (for example, student or work visas) also do not need EVUS.

ESTA, EVUS and B1/B2 visas compared

ItemESTA (visa-free)EVUSB1/B2 visa
What it isElectronic travel authorization under the Visa Waiver Program, in place of a visaAn information enrollment for visa holders; not a visa and not a substitute for oneA visitor visa issued by a U.S. embassy or consulate
Who it applies toHolders of qualifying passports from the 42 Visa Waiver Program countries and areas (including Taiwan passports that include a personal identification number)Chinese passport + 10-year B1/B2, B1 or B2 visaAll visitors, including holders of mainland Chinese and Hong Kong passports and people whose ESTA was denied
How to obtainOnline application with CBPOnline enrollment with CBPDS-160 + interview at an embassy or consulate (or interview waiver if eligible)
ValidityGenerally 2 years or until the passport expiresGenerally 2 years or until the passport / visa expires, whichever is earlierAs stated on the visa
Length of each stayUp to 90 daysUnder B visa rules, determined by the I-94Determined by the I-94 at entry, usually up to 6 months
Extension in the U.S.?NoUnder B visa rules, I-539 may be filedI-539 may be filed before the I-94 expires
Change of status in the U.S.?No (except in special cases such as adjustment of status as an immediate relative of a U.S. citizen)Under B visa rulesPossible if eligible, but intent at entry will be examined
After a denialNo appeal; you may apply for a visaGenerally must apply for a new visaYou may reapply; a 214(b) refusal is not a permanent bar

Visiting on a B1/B2 visa: your length of stay is on the I-94

A visa’s validity (for example, 10 years) only means you may apply for admission during that period. How long you may stay after each entry is decided by the CBP officer at entry and recorded on the electronic I-94; B visitors usually receive up to 6 months, but the officer may give less. Within a few days after each entry, look up and save your I-94 record on the official CBP I-94 website, and check your name, class of admission and Admit Until Date; if you find an error, contact CBP as soon as possible to correct it.

Need to stay longer: I-539 extensions

For I-539 fees and processing times, check what USCIS currently publishes; for how to look them up, see How to check filing fees and processing times.

Consequences of overstaying

Wanting to stay after your visit: change of status and the “90-day rule”

After entering on a B visa, you may, if eligible, apply to change to a status such as student, or in certain situations (for example, marrying a U.S. citizen) apply for adjustment of status. But your statements at entry must be truthful. In the Foreign Affairs Manual, 9 FAM 302.9-4(B)(3), the U.S. Department of State sets out the “90-day rule”: if a nonimmigrant, within 90 days of entry, engages in conduct inconsistent with his or her status—for example, working without authorization, enrolling in a degree program, marrying a U.S. citizen or green card holder and residing in the United States while in B or F status, or engaging in any other activity that would require a change of status first—consular officers may presume that the person made a willful misrepresentation when applying for the visa or for admission, and the applicant bears the burden of rebutting that presumption.

In Volume 8, Part J, Chapter 3 of its Policy Manual, USCIS states that the 90-day rule is an analytical tool used by Department of State consular officers and is not binding on USCIS; but USCIS officers will still examine whether a change of plans shortly after entry shows signs of fraud. A finding that you obtained a visa or admission by fraud or willful misrepresentation (INA section 212(a)(6)(C)(i)) results in permanent inadmissibility unless a waiver is granted. Therefore:

New changes in 2025–2026 (as of October 2026)

Visa and entry policies have changed frequently in recent years; check the latest rules again before you travel or file an application.

Travel checklist for parents visiting family

The list below applies to parents traveling to the United States with a Chinese passport and a 10-year B1/B2 visa; if you hold another passport, adjust it to your passport and visa.

If you are taken to secondary inspection at entry, see Stopped at entry: secondary inspection for how to respond.

Common misconceptions

  1. “My visa is good for ten years, so I can stay in the U.S. a long time.” How long you can stay on each trip depends on the I-94.
  2. “Hong Kong passports and BN(O) passports can use ESTA.” They cannot; a visa is required.
  3. “If my ESTA is denied, I can never go to the U.S.” An ESTA denial does not prevent you from applying for a visa.
  4. “If my ESTA is denied, I’ll change an answer and apply again.” Not answering eligibility questions truthfully may constitute misrepresentation.
  5. “Once I’ve done EVUS, I’m set for good.” A new passport, a new visa or changes in your information all require a new enrollment.
  6. “I’ll come visa-free and extend once I’m in the U.S.” Visa-free entrants cannot extend their stay or change nonimmigrant status.
  7. “Overstaying a few days doesn’t matter.” Overstaying by even one day voids the visa; overstaying more than 180 days also triggers a bar to re-entry.
  8. “I’ll decide whether to stay after I arrive.” Changing status, marrying, enrolling in school or working shortly after entry will draw close scrutiny of your intent at entry.

How we can help

Frequently asked questions

I have a mainland Chinese passport. Can I apply for ESTA?

No. Mainland China is not in the Visa Waiver Program, so you need a B1/B2 or other visa to come to the United States. If you hold a 10-year B visa, you must also complete EVUS enrollment before traveling.

How can a Taiwan passport holder use ESTA?

You must have the unrestricted right of permanent residence in Taiwan and hold an e-passport that includes a personal identification number (household registration number), and you must not be ineligible for visa-free travel because of travel to restricted countries, a relevant dual nationality or other reasons. Taiwan passports without a personal identification number require a visa.

My ESTA was denied. Can I appeal? How long must I wait to reapply?

ESTA decisions cannot be appealed. If the reason for the denial has not changed, reapplying for ESTA usually produces the same result. The next step is generally to apply for a B1/B2 visa at a U.S. embassy or consulate in your country of nationality or residence. DHS TRIP can address issues such as record errors, but it is not an appeal process.

My parents got new passports. Can they still use the 10-year visa in the old passport?

A visa in an old passport can generally still be used as long as it is unexpired and has not been revoked; carry both the old and new passports when traveling. After getting a new passport, you must complete a new EVUS enrollment with the new passport information.

How long can my parents stay when they visit?

Until the Admit Until Date on the I-94 issued at entry; B visitors usually receive up to 6 months. If there is a reasonable basis for staying longer, they can file I-539 for an extension before the I-94 expires. Long or frequent stays in the U.S. may lead entry officers to suspect that they have actually settled in the United States.

I accidentally overstayed by a few days. What should I do?

After an overstay the visa is automatically void, and in the future you generally must return to your country of nationality to apply for a new visa; leaving after an overstay of less than 180 days does not trigger the 3-year bar to re-entry, but the overstay record will affect future visa applications. Leave as soon as possible, keep proof of your departure, and consult an attorney before your next visa application.

If I come on ESTA and marry a U.S. citizen, can I apply for a green card in the United States?

Legally, an immediate relative of a U.S. citizen who entered visa-free may be able to apply for adjustment of status in the United States, but intent at entry and the timing of the filing (for example, whether more than 90 days have passed) will be closely examined, and mishandling it may lead to a finding of misrepresentation or to removal. Be sure to consult an attorney before taking any action.

Official sources

Related reading

ESTA denied, EVUS enrollment unsuccessful, parents needing to extend their stay, or want to understand the risks of changing status during a visit? Book an attorney assessment, or call (312) 519-1115. David Wang personally communicates in Chinese, English and French; the office is in downtown Chicago at 203 N. LaSalle St., Suite 2100.

This page is general information, not legal advice. Border inspection and status rules are enforced by CBP, USCIS and the U.S. Department of State and may change at any time; outcomes depend on the specific facts. Consult an attorney before you travel and rely on the official websites.