Visa Waiver Program (VWP) Overview

The Visa Waiver Program (VWP) allows citizens of certain designated countries to be admitted to travel within the United States for 90 days or less for business or pleasure without first obtaining a visa.

What countries participate in the VWP?

The following countries are designated with VWP status: 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.

What qualifies those countries for VWP status?

The following requirements must be met for a country to be designated under the VWP:

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 issued machine-readable passports 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.

The Attorney General, in consultation with the Secretary of State, may add or remove countries to or from the program at any time.

How does someone qualify to enter the U.S. under the VWP?

To qualify for the VWP, a traveler 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,
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 the person is a resident of an adjacent island, this requirement is waived by the Attorney General under regulations or he or she is a visitor for business who arrives aboard a private aircraft that maintains a valid agreement guaranteeing to transport him or her out of the U.S. if he or she is found to be inadmissible or deportable),
present to the Immigration Inspector a completed and signed Form I-94W, Nonimmigrant Visa Waiver Arrival/Departure Form,
not pose a safety threat to the United States,
not have failed to comply with the conditions of any previous admission under the VWP,
if arriving by air or sea, arrive on a carrier that signed an agreement guaranteeing to transport him or her out of the U.S. if he or she is found to be inadmissible or deportable,
convince the examining immigration officer that he or she is clearly and beyond a doubt entitled to be admitted and that he or she is not inadmissible under section 212 of the Act,
waive any right to review or appeal an immigration officer's decision as to his or her 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 his or her 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.

What else do I need to know about the VWP?

If you enter the United States under the VWP, you can not change or extend your nonimmigrant status.If your admission is denied, you can not seek administrative or judicial review, except as noted above. Also, if you are found to have violated the terms of your admission, you forfeit the right to contest a removal order.

Do I ever need a visa if I'm from a VWP country?

Yes. If you plan to stay in the United States for longer than 90 days or intend to arrive aboard a non-signatory air carrier, you must obtain a nonimmigrant visa before arriving.

How are Canada and Mexico affected by the VWP?

The VWP permits arrivals from Mexico and Canada at land borders. The documentary requirements are the same, except there is no requirement for round-trip tickets and signatory carriers. 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 border point-of-entry, you must complete and sign the Form I-94W (Nonimmigrant Visa Waiver Arrival/Departure Form), usually issued in the secondary inspection station, and pay a land border fee.

Remember that these general guidelines can sometimes be altered by government decisions. For example, the US-VISIT program fingerprinting and photographing requirements will be applied to VWP travelers after September 30, 2004. Please see US-VISIT information on our website for more details or email us at info@durrani.com with any questions.