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

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:

• Mainland Chinese passports: not eligible. You must apply for a B1/B2 or other visa.
• Hong Kong SAR passports: not eligible. Hong Kong is not on the Visa Waiver Program list, so Hong Kong SAR passport holders must apply for a visa to come to the United States. The United Kingdom’s visa-free eligibility applies only to British citizens with the unrestricted right of permanent abode in the UK, so British National (Overseas) (BN(O)) passports generally cannot be used for visa-free travel either.
• Taiwan passports: eligible with conditions. Under a rule published by the Department of Homeland Security (DHS) in 2012, only people who have the unrestricted right of permanent residence in Taiwan and hold an e-passport that includes a personal identification number (household registration number) may use the Visa Waiver Program. Taiwan passports without a personal identification number (for example, holders who do not have household registration in Taiwan) require a visa.
• Passports of other countries: check the current lists published by the Department of State and CBP. Chinese-speaking travelers who hold a passport of a Visa Waiver Program country are assessed by the passport they hold, even if they were born in mainland China, as long as they otherwise qualify.

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):

• people who have traveled to or been present in North Korea, Iran, Iraq, Libya, Somalia, Sudan, Syria or Yemen on or after March 1, 2011;
• people who have traveled to or been present in Cuba on or after January 12, 2021;
• dual nationals who also hold the nationality of Cuba, North Korea, Iran, Iraq, Sudan or Syria.

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:

• answering “yes” to an eligibility question, for example a prior visa refusal, a prior denial of admission or removal, a prior overstay in the United States, or certain criminal records;
• travel to the restricted countries listed above, or a relevant dual nationality;
• a previous overstay after entering under the Visa Waiver Program, or a violation of the program’s conditions;
• application information that does not match government records, or relevant records in the system.

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”

• ESTA decisions cannot be appealed. 8 CFR 217.5 expressly provides that ESTA decisions are not subject to judicial review; it also provides that an ESTA denial does not prevent you from applying for a visa at a U.S. embassy or consulate.
• The usual next step: file a DS-160 and apply for a B1/B2 visa at a U.S. embassy or consulate in your country of nationality or residence. For emergencies such as a funeral or a sudden serious illness, you can request an expedited interview following that embassy’s or consulate’s instructions.
• DHS TRIP has a limited role. The DHS Traveler Redress Inquiry Program (DHS TRIP) can address record errors, misidentification and similar problems, but it is not an appeal process and cannot change a result where you are ineligible for visa-free travel because you do not meet the statutory conditions (for example, travel to a restricted country or a prior overstay). If you have firm travel plans, do not rely solely on waiting for a DHS TRIP result.
• Do not reapply with different answers. Changing an answer on an ESTA eligibility question to “no” just to get approved may constitute misrepresentation, with consequences far more serious than a denial. If you made a mistake on the form, first have an attorney look at how to correct it truthfully.

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

• Up to 90 days. The length of stay is the date CBP records at entry. A short trip to Canada, Mexico or adjacent islands during the stay generally does not restart the 90 days, and the total stay must still be within 90 days. If you plan to stay longer, apply for a visa.
• No extensions, and no change to another nonimmigrant status inside the United States. You must leave on or before the end of your authorized stay.
• Emergencies: Under 8 CFR 217.3, if an emergency (for example, a sudden illness) prevents you from leaving on time, immigration authorities may in their discretion grant a “satisfactory departure” period of up to 30 days. This is an exception, not a substitute for an extension, and must be requested as soon as possible through an attorney or with the authorities.
• Waiver of certain rights. Under INA section 217(b), visa-free entrants waive in advance the right to review or appeal of an admissibility determination and the right to contest removal (except by applying for asylum). As a result, once you overstay or violate the conditions, you have far fewer procedural remedies than someone who entered on a visa.
• Marrying a U.S. citizen: The law allows visa-free entrants to apply for adjustment of status in the United States as an immediate relative of a U.S. citizen (INA 245(c)(4)), but the timing and your intent at entry will be examined, and filing after an overstay carries a high risk. In this situation you must consult an attorney first; see Marriage green card.

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.

• Enroll before you travel. Under federal regulation 8 CFR 215.24, if you are required to enroll and have not, your visa is automatically “provisionally revoked,” and you cannot use it to come to the United States until you enroll; airlines may deny boarding. After you enroll, the visa is restored if it is otherwise still valid and there is no other ground for revocation.
• Validity: A successful enrollment is generally valid for two years; if the passport or visa expires within two years, it is valid until the earlier expiration date. You may enter multiple times during the validity period.
• When you must enroll again: when you get a new passport or are issued a new 10-year B visa; when your name, sex, nationality or other information changes; or when your answers to the earlier eligibility questions change (for example, you are later refused a visa, arrested or convicted). CBP may also change or revoke an enrollment status at any time during its validity.
• Family members can fill it out. Children can complete the form for their parents on the official EVUS website, but all information must be true, and the traveler is responsible for it. Use only CBP’s official website, and beware of look-alike sites that charge high service fees.
• If enrollment is unsuccessful: you generally must apply for a new visa at a U.S. embassy or consulate.
• Fees: Since September 30, 2025, under the 2025 federal budget law (H.R. 1), EVUS has charged an enrollment fee, and ESTA fees were adjusted at the same time. Check CBP’s current published amounts.

ESTA, EVUS and B1/B2 visas compared

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

• You must file I-539 with USCIS before your I-94 expires, explaining a reasonable basis for the extension (for example, medical treatment or caring for a sick family member), and showing that you have sufficient funds and will still leave the United States;
• While a timely filed extension request is pending, you generally do not accrue unlawful presence, but you cannot work during that time; if the request is denied, arrange to leave immediately;
• Frequent or lengthy extensions may make future visa applications and entry inspections more difficult;
• People who entered visa-free (ESTA) cannot file I-539 for an extension.

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

• Visa voided: Under INA section 222(g), if you stay beyond your authorized period, your visa is automatically void, and in the future you generally must apply again at a U.S. embassy or consulate in your country of nationality (except in special circumstances provided by regulation).
• Bars to re-entry: Under INA section 212(a)(9)(B), a person who was unlawfully present in the United States for more than 180 days but less than 1 year and then departs is barred from re-entering for 3 years; a person unlawfully present for 1 year or more who then departs is barred for 10 years. Time spent under age 18 does not count as unlawful presence.
• Future visas and ESTA: An overstay record affects any future U.S. visa application; citizens of Visa Waiver Program countries who overstay usually also lose visa-free eligibility.

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:

• state the purpose of your visit truthfully at entry;
• if your circumstances genuinely changed during the visit, keep documentation of why and when they changed;
• before filing any change or adjustment of status application, have an attorney assess the timing and the risks; see Adjustment of status in the U.S. (I-485).

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

• Tighter visa interview waivers: Since September 2, 2025, nearly all nonimmigrant visa applicants must interview in person. The previous automatic interview waivers for applicants under 14 and over 79 have been eliminated—older parents renewing visas may also need an interview. Interview waivers for B1/B2 renewals apply only to people who meet strict conditions (for example, the previous visa expired within 12 months, the applicant was at least 18 when it was issued, has no visa refusals and applies in the country of nationality or residence), and officers may still require an interview. The current conditions come from the State Department's September 18, 2025 interview waiver update (effective October 1, 2025, superseding the July 25, 2025 update), which also requires that the prior visa was issued for full validity; as of October 2026, that update remains in effect.
• Apply in your country of nationality or residence: Since September 6, 2025, the Department of State has required nonimmigrant visa applicants, as a rule, to schedule interviews at a U.S. embassy or consulate in their country of nationality or residence; applying in a third country may make it harder to obtain a visa, and fees already paid are not refunded or transferred.
• New and adjusted fees: The federal budget law passed in July 2025 (H.R. 1) created a visa integrity fee, adjusted the ESTA fee and created a new EVUS enrollment fee. The new ESTA and EVUS fees took effect on September 30, 2025; for when and how the visa integrity fee is collected and the conditions for refunds, check the Department of State’s current announcements.
• Proposed new ESTA requirements: In December 2025, CBP published proposed changes, including requiring ESTA applicants to provide social media information for the past 5 years (optional on the current form), upload a facial photo of themselves, and apply only through the official mobile app. As of the time this article was verified, we have not found an announcement that these have formally taken effect; whether and when they take effect will be as announced by CBP. Fill in all information truthfully, and do not delete or conceal accounts.
• Entry restriction proclamation: Presidential Proclamation 10998 (signed December 16, 2025, effective January 1, 2026) fully or partially suspends entry for nationals of 39 countries (and holders of travel documents issued by the Palestinian Authority), replacing Proclamation 10949 of June 2025. Mainland China, Hong Kong and Taiwan are not on the list. Readers who hold other or dual nationalities should check the latest list published by the Department of State.

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.

• Passport is valid with sufficient remaining validity; if you have a new passport, carry the old passport with the valid visa (bring both the old and new passports)
• Visa is still valid; whether you have ever overstayed in the United States has been checked and confirmed
• EVUS enrollment status is valid; if you have a new passport or new visa, you have enrolled again and saved the enrollment confirmation
• Round-trip ticket or a clear return plan, with a trip length consistent with your work and family arrangements at home
• U.S. address and contact information (your child’s name, phone number and address), which you may be asked about at entry
• Invitation letter, copies of proof of your child’s U.S. status, etc. (not required, but helpful to show the purpose of your visit)
• Travel medical insurance: visitors generally cannot use U.S. public health insurance, and medical care in the U.S. is expensive
• Regular medications kept in their original packaging, with a prescription or doctor’s note; food, meat, seeds and other agricultural products declared truthfully as required
• If the cash and monetary instruments you carry total more than $10,000, declare them at entry as required by law
• Within a few days after entry, look up and save your I-94 on the CBP website, and note your Admit Until Date
• If you need an extension, file I-539 before the I-94 expires; if you do not plan to extend, leave on time
• Do not work or receive pay while in the U.S. (including paid babysitting for others or helping out in a family business)

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

• If your ESTA was denied or your EVUS enrollment was unsuccessful, analyze the likely reasons and help prepare your B1/B2 visa application and interview explanation;
• If you have a history of overstays, visa refusals, denials of admission or similar records, assess the risks before you travel or apply for a visa;
• If your parents need to extend their stay in the United States, assess whether an I-539 extension is appropriate and prepare the application;
• If your circumstances change during a visit and you are considering changing or adjusting status in the United States, assess the timing, your intent at entry and the viable options;
• David Wang personally communicates in Chinese, English and French with you and your family.

Frequently asked questions

Official sources

• U.S. Department of State: Visa Waiver Program
• CBP: ESTA overview
• Federal Register, October 22, 2012: Taiwan’s designation for the Visa Waiver Program (personal identification number requirement)
• 8 CFR Part 217: Visa Waiver Program (including 217.3 and 217.5)
• CBP: EVUS overview
• 8 CFR 215.24: EVUS enrollment requirements
• CBP: I-94 website
• U.S. Department of State, Foreign Affairs Manual, 9 FAM 302.9: misrepresentation (including the 90-day rule)
• USCIS Policy Manual, Volume 8, Part J, Chapter 3
• U.S. Department of State: visa denials

Related reading

• B-1/B-2 business and tourist visas: what you can and cannot do
• What to do after a 214(b) refusal
• Secondary inspection and phone searches at entry
• Expedited removal
• Travel & status section home

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.