Visa Waiver Program

For those who qualify, the Visa Waiver Program (VWP) is a great way to enter the United States quickly for tourism or business purposes. The experienced and skilled immigration attorneys at Shihab & Associates Co., LPA realize that the visa process in the United States can be tricky. That's why we offer a great deal of information on our website plus the option to speak with an attorney at any time [link to contact page].

The VWP is a program of the United States which allows citizens of specific countries to travel to the US for tourism or business for up to 90 days without having to obtain a visa. It is one of the quickest ways for a foreign national to enter the United States.

WHICH COUNTRIES ARE ELIGIBLE FOR THE VWP?

As of 2008, there are 27 countries that participate in the Visa Waiver Program. They are:

WHAT ARE THE REQUIREMENTS TO UTILIZE THE VWP?

To use the visa waiver program, a foreign national must meet the following requirements:

1. Be seeking entry for 90 days or less, as a temporary visitor for business or pleasure. An alien will not be permitted to extend the visit or change to another visa category under the VWP.
2. Have a valid passport issued by the participating country that is valid for six months beyond the foreign national's intended visit
3. Be a citizen of one of the participating countries
4. Have a Machine Readable Passport (These passports contain biometric and digital information. Click here for more information on machine readable passports or e-passports.)
5. The alien must not be inadmissible to the United States under any immigration law.

HOW DOES AN ALIEN ACTUALLY ENTER THE UNITED STATES UNDER THE VWP?

The foreign national who wants to utilize the VWP has three options for entering the United States: by commercial aircraft, commercial boat, or at a land border location.

If the alien is entering by aircraft or in a commercial boat, he or she must have a round-trip transportation ticket issued by a carrier that has signed an agreement with the U.S. government to participate in the VWP, and arrive in the United States aboard such a carrier. Most major carriers in the U.S. have agreed to participate in the VWP.

The alien must also sign the Nonimmigrant Visa Waiver Arrival-Departure Record (Form I-94W). On that form, the alien waives the right of review or appeal of an immigration officer's determination about admissibility or deportation. These forms are available from the participating carriers. They are commonly handed out during the incoming flight or voyage.

A VWP eligible alien may also choose to enter the United States at a land border location along the United States's border (with Canada or Mexico). He or she will have to fill out the same I-94w and meet all other requirements.

WHAT CAN AN ALIEN DO WHILE IN THE UNITED STATES ON THE VWP?

The VWP only allows an alien to come to the United States for tourism or business. A visitor to the U.S. on the VWP cannot seek employment or education while in the U.S. The VWP visitor may engage in business activities provided he or she is engaging in those activities for their foreign employer. Additionally, a VWP visitor cannot adjust his or her status while in the U.S. to another visa. Finally, the VWP visitor cannot stay in the U.S. for longer than 90 days.

SPECIAL EXCEPTION TO ADJUSTMENT OF STATUS UNDER VWP

It may be possible for the immediate relative of a U.S. citizen who enters the U.S. under the VWP to adjust to permanent residence. This process is tricky. The USCIS may deem the immediate family members initial entry under the VWP to be a fraudulent entry. This can have disastrous consequences. If you questions regarding immediate family immigration and the visa waiver program it is strongly recommended that you speak to an immigration attorney [link] before you being the process.

If you have any questions over this information please contact us [link]. We're ready to help!