What is the Visa Waiver Pilot Program ?
Q: What nonimmigration visas are available to those who wish to visit for business or pleasure?
A: The "visitor" visa is a nonimmigrant visa for persons desiring to enter the United States temporarily for business (B-1) or for pleasure or medical treatment (B-2). People planning to travel to the U.S. for a different purpose - such as students, temporary workers, crewmen, journalists and so forth - must apply for a different visa in the appropriate category. The consular officer can provide additional information. Travelers from certain eligible countries may also be able to visit the U.S. without a visa on the Visa Waiver Pilot Program.
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Q: How does an applicant qualify for a visitor visa?
A: Applicants for visitor visas must show that they qualify under provisions of the Immigration and Nationality Act. The presumption in the law is that every visitor visa applicant is an intending immigrant. Therefore, applicants for visitor visas must overcome this presumption by demonstrating that:
- The purpose of their trip is to enter the U.S. for business, pleasure, or medical treatment
- That they plan to remain for a specific, limited period; and
- That they have a residence outside the U.S. as well as other binding ties which will insure their return abroad at the end of the visit
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Q: Is anyone ineligible for the visa?
A: The nonimmigrant visa application Form DS-156 lists classes of persons who are ineligible under U.S. law to receive visas. In some instances an applicant who is ineligible, but who is otherwise properly classifiable as a visitor, may apply for a waiver of ineligibility and be issued a visa if the waiver is approved.
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Q: How and where do I apply for a visitor's visa?
A: Applicants for visitor visas should generally apply at the American Embassy or Consulate with jurisdiction over their place of permanent residence. Although visa applicants may apply at any U.S. consular office abroad, it may be more difficult to qualify for the visa outside the country of permanent residence.
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Q: What fees and documentation are required for a visitor visa?
A: Each applicant for a visitor visa must pay a nonrefundable US$45 application fee and submit:
* An application Form DS-156, completed and signed. Blank forms are available without charge at all U.S. consular offices.
- A passport valid for travel to the United States and with a validity date at least six months beyond the applicant's intended period of stay in the United States. If more than one person is included in the passport, each person desiring a visa must make an application.
- Two photographs 1 and 1/2 inches square (37x37 mm) for each applicant, showing full face, without head covering, against a light background.
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Q: Do applicants need to demonstrate that they are properly classified as visitors under U.S. law?
A: Applicants must demonstrate that they are properly classifiable as visitors under U.S. law. You can provide evidence that shows the purpose of the trip, intent to depart the United States, and arrangements made to cover the costs of the trip. It's impossible to say the exact form the evidence should take, since applicants' circumstances vary greatly.
Persons traveling to the U.S. on business can present a letter from the U.S. business firm indicating the purpose of the trip, the bearer's intended length of stay and the firm's intent to defray travel costs.
Persons traveling to the U.S. for pleasure may use letters from relatives or friends in the U.S. whom the applicant plans to visit or confirmation of participation in a planned tour.
Persons traveling to the U.S. for medical treatment should have a statement from a doctor or institution concerning proposed medical treatment.
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Q: Do applicants need to document that they have sufficient funds to pay for the stay?
A: Yes. Those applicants who don't have sufficient funds to support themselves while in the U.S. must present convincing evidence that an interested person will provide support. Visitors aren't permitted to accept employment during their stay in the U.S. Depending on individual circumstances, applicants may provide other evidence substantiating the trip's purpose and specifying the nature of binding obligations, such as family ties or employment, which would compel their return abroad.
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Q: What if I've traveled to the U.S. as a visitor before? Should I do anything different than a new applicant?
A: A person whose passport contains a previously issued visitor visa should inquire about special expedited procedures available at most consular offices for issuance of a new visitor visa.
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Q: How long is a visitor visa valid?
A: Unless previously canceled, a visa is valid until its expiration date. If the traveler has a valid U.S. visitor visa in an expired passport, he or she may use it along with a new valid passport for travel and admission to the United States.
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Q: Is there a fee for issuing a visa?
A: If there is a fee for issuance of the visa, it is equal as nearly as possible to the fee charged to United States citizens by the applicant's country of nationality.
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Q: Can an applicant access and complete the application process without any assistance?
A: Yes. Applicants for visitor visas should not find it necessary to employ persons to assist them in preparing documents or securing access to the U.S. consular office.
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Q: Can visitor visas be denied?
A: Yes. If the consular officer should find it necessary to deny the issuance of a visitor visa, the applicant may apply again if there is new evidence to overcome the basis for the refusal. In the absence of new evidence, consular officers aren't obliged to re-examine such cases. Attempting to obtain a visa by the willful misrepresentation of a material fact, or fraud, may result in the permanent refusal of a visa or denial of entry into the United States.
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Q: Does a visa guarantee entry into the United States?
A: Applicants should be aware that a visa doesn't guarantee entry into the United States. The Bureau of Citizenship and Immigration Services (previously INS) has authority to deny admission.
Also, the Bureau determines the period for which the bearer of a visitor visa is authorized to remain in the United States, not the consular officer. At the port of entry, a Bureau official must authorize the traveler's admission to the U.S. At that time the INS Form I-94, Record of Arrival-Departure, which notes the length of stay that's permitted, is validated. Those visitors who wish to stay beyond the time indicated on their Form I-94 must contact the Bureau to request Form I-539, Application to Extend Status. The decision to grant or deny a request for extension of stay is made solely by the Bureau.
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Q: What is the Visa Waiver Pilot Program?
A: Travelers coming to the U.S. for tourism or business for 90 days or less from qualified countries may be eligible to visit the U.S. without a visa. Currently, 29 countries participate in the Visa Waiver Pilot Program: Andorra, Argentina, Australia, Austria, 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.
Visitors entering on the Visa Waiver Pilot Program cannot work or study while in the U.S. and cannot stay longer than 90 days or change their status to another category.
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Information courtesy of the Department of State.