In most cases, a citizen of a foreign country will need a visa to enter the US. However there is an exception to the visitor visa requirement: visa waiver program. Under the visa waiver program citizens of certain countries can enter and remain in the US for up to 90 days without requiring a visa. Currently citizens of 36 countries are eligible for the visa waiver program.
Visa Waiver Program
The US government has the discretion of nominating a country as a visa waiver program country. It is not a reciprocal arrangement. A visa waiver program country citizen can enter the US for private or business purposes and can remain in the US for 90 days. If you are a visa waiver country citizen, you will require a visa if you:
- Intend to stay in the US for more than 90 days
- Intend to study or work in the US
- Hold a passport issued by Latvia, Estonia, Greece, Lithuania, Malta, South Korea, Slovak Republic, Czech Republic or Hungary but the passport is not an electronic one with an integrated chip
- Your passport is not a machine readable passport
Restrictions
If you want to enter the US under the visa waiver program, you must enter the US on an approved carrier and must have a valid return ticket to any foreign destination. You must demonstrate that you have sufficient funds to take care of your stay in the US. This can be demonstrated through traveler’s checks and credit cards. If you are otherwise ineligible for a US visa such as a criminal record or medical condition, you cannot avail the visa waiver program. You will be ineligible to enter the US under the visa waiver program if you have been refused a US visa before or you have violated the conditions of a previous entry to the US under the visa waiver program. Entry to the US under the visa waiver program is not guaranteed. The immigration officer at your port of entry can deny you an entry if he or she feels that you do not meet the requirements for entry under this program.
Electronic System for Travel Authorization (ESTA)
The ESTA became operational on January 20, 2010. The visa waiver program now requires all eligible foreign citizens wanting to enter the US to obtain an ESTA approval prior to visiting the US. An ESTA approval is valid for two years.
Getting legal help
Even if you are eligible under the visa waiver program, your entry to the US is not guaranteed. Consult with an experienced US immigration attorney to know if you are eligible under the visa waiver program.
