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What
is the Visa Waiver Pilot Program?
The Visa Waiver Pilot Program allows foreign nationals from
certain countries to be admitted to the U.S. for 90 days or less
for business or pleasure without obtaining a visa. The program was
enacted in 1986, and it became permanent in October, 2000, now called
the Visa Waiver Program (VWP).
What Countries are Included?
The
following countries are currently in the program (please note that
countries may be added or removed at any time):
Andorra, Austria,
Australia, Belgium, Brunei, Denmark, Finland, France, Germany, Iceland,
Ireland, Italy, Japan, Liechtenstein, Luxembourg, Monaco, the Netherlands,
New Zealand, Norway, Portugal, San Marino, Singapore, Slovenia,
Spain, Sweden, Switzerland, The United Kingdom*, and Uruguay.
*For citizens with the
unrestricted right of permanent abode in England, Scotland, Wales,
Northern Ireland, the Channel Islands, and the Isle of Man.
Who
is Eligible?
To qualify, you must:
-
Intend to
enter the U.S. for 90 days or less;
-
Have a passport
lawfully issued by a VWP country that is valid for six months
beyond your intended visit;
-
Have a return
trip ticket to any foreign destination other than a territory
bordering on the United States or an adjacent island (unless
you are a resident there);
-
Present
to the Immigration inspector a completed and signed Form I-94W,
Nonimmigrant Visa Waiver Arrival/Departure Form (Please see
Obtaining an
Arrival-Departure Record (I-94) for more information about
Arrival/Departure Records.);
-
Not pose
a safety threat to the U.S. and have no previous violation of
U.S. admission policy;
-
Arrive on
a carrier that signed an agreement guaranteeing to transport
you out of the U.S. if you are found to be inadmissible or deportable;
-
Waive your
right to review or appeal an immigration officer's decision
about your admissibility, other than on the basis of an application
for asylum; and
-
Waive your
right to challenge your removal, other than on the basis of
an application for asylum;
What is the Advantage of Using It?
The
advantage of entering the U.S. under the VWP is that tourists and
people wishing to conduct business in America can travel to the
U.S. spontaneously without obtaining visas, unless they are otherwise
inadmissible.
What are the Disadvantages?
If
you are admitted under the VWP's simplified entry, you cannot change
or extend your nonimmigrant status. If you are denied admission,
you will have no right to administrative or judicial review. If
you are found to have violated the terms of your admission you also
forfeit the right to contest a removal order. Therefore, before
using the VWP you should carefully consider your options.
How Can I Obtain Documents Needed to Use
the VWP?
How Do I Enter the U.S. Using the VWP?
You must satisfy
the eligibility requirements as listed
above, which includes arriving on a commercial air carrier with
a signed VWP agreement, Form I-775. A list of participating VWP
carriers is maintained at the USCIS'
National Fines Office located at 1400 Wilson Blvd. Suite 210 Arlington,
VA 22209 and is available upon request. The telephone number of
the National Fines Office is (202) 305-7018 and the fax number is
(202) 305-7049.
The VWP permits arrivals from Mexico and Canada at land border ports
of entry (POEs). The documentary requirements are the same, except
there is no requirement for round-trip tickets and signatory carriers,
as there are no carriers involved. You must satisfy the inspecting
officer that you have funds to support yourself during your stay
and to depart the United States. If you enter at a land POE you
must complete and sign the Form I-94W (Nonimmigrant Visa Waiver
Arrival/Departure Form), usually issued in the secondary inspection
station, and pay the land border fee. You must also be admissible
to the United States.
Can I Be Readmitted to the U.S. After
a Trip to Canada, Mexico, or a Nearby Island?
Generally, if
you were admitted under the VWP, you may be readmitted to the U.S.
after a departure to Canada, Mexico, or adjacent islands for the
balance of your original admission period, provided you are otherwise
admissible and meet all the conditions of the VWP (including your
valid, unexpired passport reflecting admission to the U.S. under
the VWP), with the exception of arrival on a signatory carrier -
in which case the USCIS
inspecting officers have the discretion to grant you entirely new
periods of admission.
What Islands Are Included Within the Meaning of “Adjacent Islands"?
The term "adjacent
islands" for the purposes of the VWP includes: Anguilla, Antigua,
Aruba, Bahamas, Barbados, Barbuda, Bermuda, Bonaire, British Virgin
Islands, Cayman Islands, Cuba, Curacao, Dominica, the Dominican
Republic, Grenada, Guadeloupe, Haiti, Jamaica, Marie-Galante, Martinique,
Miquelon, Montserrat, Saba, Saint-Barthelemy, 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.
HELP!
- For assistance
outside of the U.S., contact the nearest
U.S. Consulate or Embassy.
- For questions
in the U.S., contact the State Department's Visa Office at 202-663-1225.
You may also email a general inquiry to usvisa@state.gov.
Be sure to indicate the general subject of your inquiry on the
subject line (e.g., visa waiver program), and do not expect an
immediate reply. You may also write to:
U.S.
Department of State
Visa
Services
Washington,
DC 20520-0113
- In the U.S.,
you may also contact your nearest
USCIS District office or Sub Office or call the national
USCIS toll-free information service at 1-800-375-5283.
The information
provided in this website is not legal advice and should not be interpreted
as legal advice. This website is intended to provide a basic understanding
of this information in summary form. This information may not be
comprehensive, is subject to change, and may not apply to all individual
circumstances. Any information received here should be confirmed
with the appropriate government agencies or with an attorney, particularly
as it relates to your individual circumstances. Your use of this
website indicates your agreement to be bound by our Terms
of Use.
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