VWP: Visa Waiver Program
FREQUENTLY ASKED QUESTIONS | Q: | What Is the Visa Waiver Program | | A: | The
Visa Waiver Program (VWP) allows foreign nationals from certain
countries to be admitted to the U.S. under limited conditions and for a
limited time without obtaining a visa. |
| Q: | What Laws Govern the VWP? | | A: | In
1986, the Immigration Reform and Control Act incorporated the Visa
Waiver Pilot Program into the Immigration and Nationality Act. The
program retained its pilot status until October 30, 2000, when the Visa
Waiver Permanent Program Act made the pilot program permanent with some
modifications. Section 217 of the Immigration and Nationality Act
provides the legal authority for the VWP. |
| Q: | How Does the VWP Work? | | A: | The
VWP permits nationals from designated countries to apply for admission
to the United States for ninety (90) days or less as nonimmigrant
visitors for business or pleasure without first obtaining a
nonimmigrant visa. If the following requirements are met, the Attorney
General, in consultation with the Secretary of State, may designate a
country as a participant in the program:- The country offers reciprocal travel privileges to U.S. citizens;
- Nationals of the country have a low refusal rate for U.S. visas;
- The country issues or certifies that it will issue a machine-readable passport not later than October 1, 2003;
- The country will begin issuing a machine-readable passport to its citizens not later than October 1, 2003;
- The
Attorney General, in consultation with the Secretary of State, prepares
a report evaluating the effect the country's designation would have on
the United States' law enforcement and security interests; and
- The
Attorney General, in consultation with the Secretary of State,
determines that the country's designation for the program would not
compromise U.S. law enforcement or national security interests
(including interests in enforcing immigration laws).
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| Q: | What Countries Are in the VWP? | | A: | The following countries are currently in the program: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, and The United Kingdom*. *For
citizens with the unrestricted right of permanent abode in England,
Scotland, Wales, Northern Ireland, the Channel Islands, and the Isle of
Man. Please note that the Attorney General, in consultation
with the Secretary of State, may add countries to the program or remove
them from the program at any time.Also note that after
May 15, 2003, citizens of Belgium must present a machine-readable
passport in order to be granted admission under the VWP. |
| Q: | Who Is Eligible to Use the VWP? | | A: | To qualify for the VWP, you must:- Intend to enter the U.S. for 90 days or less;
- Have a passport lawfully issued to you by a VWP country that is valid for six months beyond your intended visit;
- Be a national of the VWP country that issued your passport;
- Have been checked using an automated electronic database containing information about inadmissible aliens to the United States;
- Have
a return trip ticket to any foreign destination other than a territory
bordering on the United States or an adjacent island (unless (1) you
are a resident of an adjacent island, (2) this requirement is waived by
the Attorney General under regulations, or (3) you are a visitor for
business who arrives aboard a private aircraft that maintains a valid
agreement guaranteeing to transport you out of the U.S. if you are
found to be inadmissible or deportable);
- Present to the
Immigration Inspector a completed and signed Form I-94W, Nonimmigrant
Visa Waiver Arrival/Departure Form (Please see How Do I Get an Arrival
Departure Document? for more information about Arrival/Departure
Records.);
- Not pose a safety threat to the United States;
- Not have failed to comply with the conditions of any previous admission under the visa waiver program;
- If
arriving by air or sea, arrive on a carrier that signed an agreement
(signatory carrier) guaranteeing to transport you out of the U.S. if
you are found to be inadmissible or deportable;
- Convince the
examining immigration officer that you are clearly and beyond a doubt
entitled to be admitted and that you are not inadmissible under section
212 of the Act (for reasons that would make you inadmissible, please
see the Immigration and Nationality Act at INA § 212 (a));
- Waive
any right to review or appeal an immigration officer's decision as to
your admissibility, other than on the basis of an application for
asylum or an application for withholding of removal under the
Convention Against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment; and
- Waive any right to challenge your
removal, other than on the basis of an application for asylum or an
application for withholding of removal under the Convention Against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
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| Q: | What Is the Advantage of Using the VWP? | | A: | 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. |
| Q: | What Are the Disadvantages of Using the VWP? | | A: | If
you are admitted to the U.S. under the VWP, you may not change or
extend your nonimmigrant status. If your admission is denied, you have
no right to administrative or judicial review, except as noted above.
Likewise, 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. |
| Q: | When Must I Obtain a Visa Instead of Using the VWP? | | A: | If
you intend to arrive in the United States aboard a non-signatory air
carrier, you must obtain a nonimmigrant visa prior to boarding the
aircraft. Similarly, if you intend to visit the United States for more
than 90 days, you must obtain a nonimmigrant visa before arriving in
the United States. If you believe any grounds of inadmissibility at INA
§ 212(a) apply to you, you should apply for a nonimmigrant visa with
Form OF-156 before traveling to the United States. You can obtain Form
OF-156 from the American Embassy or consulate nearest your place of
residence or the State Department Website. Although you may be
inadmissible to the United States, you may qualify for a nonimmigrant
visa and waiver, which will allow you to travel to the United States. |
| Q: | How Can I Obtain Documents Needed To Use the VWP | | A: | You
must contact the appropriate agency in your country of birth or
nationality for information about obtaining a passport from that
country.Please see How Do I Get an Arrival Departure
Document? for more information about Form I-94W, Nonimmigrant Visa
Waiver Arrival/Departure Form. |
| Q: | How Do I Enter the United States Using the VWP? | | A: | You
must satisfy the eligibility requirements as listed above in the
question "Who is Eligible to Use the VWP?" which includes arriving on a
signatory air carrier. A list of participating VWP carriers is
maintained at the National Fines Office located at 1525 Wilson Blvd.,
Suite 425, Arlington, VA 22209 and is available upon request. 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 as prescribed in 8 CFR §
103.7(b)(1). You must also be admissible to the United States. For
reasons that would make you inadmissible, please see the Immigration
and Nationality Act at INA § 212(a).Also note that after
May 15, 2003, citizens of Belgium must present a machine-readable
passport in order to be granted admission under the VWP. |
| Q: | Can
a VWP applicant for Admission Be Readmitted To the United States
Follwing a Short Trip To an Adjacent Island, Canada, or Mexico? | | A: | - Generally,
VWP applicants admitted under the VWP may be readmitted to the U.S.
after a departure to Canada or Mexico or adjacent islands for the
balance of their original admission period, provided they are otherwise
admissible and meet all the conditions of the VWP, with the exception
of arrival on a signatory carrier - in which case the inspecting
officers have the discretion to grant the applicants entirely new
periods of admission.
- The VWP applicant is admissible and may
be readmitted to the U.S. under the VWP after a departure to Canada or
Mexico or adjacent islands provided that: (A) their authorized period
of admission has not expired, (B) they plan to depart the U.S. prior to
the expiration date of their period of admission, (C) they present
valid, unexpired passports which reflect admission to the U.S. under
the VWP, and (D) they continue to meet all criteria set forth in 8 CFR
217 and section 217 of the Immigration and Nationality Act (Act), with
the exception of arrival on a signatory carrier.
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| Q: | What Islands Are Included Within the Meaning of "Adjacent Islands"? | | A: | - The
term "adjacent islands" is defined in section 101(b)(5) of the Act, and
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.
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| Q: | Are
Properly Documented Nationals from VWP Designated Countries Arriving on
a Signatory Carrier Eligible to Transit the United States? | | A: | Yes, provided they are admissible to the United States. |
| Q: | What if a VWP Applicant is Found to be Inadmissible? | | A: | Generally,
a VWP applicant found to be inadmissible by the inspecting officer is
refused entry into the United States without further administrative
hearing. |
| Q: | Can Private Aircraft Participate in the VWP? | | A: | Private
aircraft will not be eligible participate in the VWP until the Attorney
General publishes regulations pertaining to the administration of the
VWP’s carrier provisions, including private aircraft provisions. The
Attorney General must also revise carrier agreements in order to
collect information necessary to identify any domestic corporation that
wishes to participate in the program. Presently, the Attorney General
is drafting regulations and revising carrier agreements. Once
published, and subject to any regulatory restrictions, the following
private aircraft will be eligible to apply for participation in the
VWP: (1) operators of aircraft conducting operations under part 135 of
title 14, Code of Federal Regulations, and (2) operators of
noncommercial aircraft that are owned or operated by a domestic
corporations conducting operations under part 91 of title 14, Code of
Federal Regulation. |
| Q: | Frequently Asked Questions [FAQs] (U.S. Department of State Website) | | A: | Do you want further information? Please see the State Department Website for more information on nonimmigrant visas. |
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