Frequently Asked Questions about the Visa Waiver Program

What is the Visa Waiver Program (VWP)?
How does the VWP work?
What countries are in the VWP?
What kind of passport do I need?
Who is eligible to use the VWP?
What is the advantage of using the VWP?
What are the disadvantages of using the VWP?
When would I need to apply for a visa if I am from a VWP country?
How do I enter the United States using the VWP?
Can I reenter the United States after a short trip to Canada, Mexico or an adjacent island?
May I use the VWP to transit through the United States?
What happens if I am found to be inadmissible?

What is the Visa Waiver Program?

The Visa Waiver Program (VWP) allows foreign nationals from certain countries to be admitted to the United States under limited conditions and for a limited time without obtaining a visa.

How does the VWP work?

The VWP permits nationals from designated countries to apply for admission to the United States for ninety (90) days or less as visitors for business or pleasure without requiring a nonimmigrant visa.

What countries are in the VWP?

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*.

*Includes citizens with the unrestricted right of permanent abode in England, Scotland, Wales, Northern Ireland, the Channel Islands, and the Isle of Man.

What kind of passport do I need?

All Visa Waiver Program travelers must have a machine readable passport by October 26, 2004. As of October 1, 2003, citizens of Belgium, Andorra, Brunei, Leichtenstein, and Slovenia who wish to travel to the United States under the Visa Waiver Program must present either a machine-readable passport (MRP) or a U.S. visa at the port of entry to enter the United States.

Who is eligible to use the VWP?

To qualify for the VWP, you must:

Intend to enter the United States 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 a foreign destination;
Present a Form I-94W, Nonimmigrant Visa Waiver Arrival/Departure Form;
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 guaranteeing to transport you out of the United States if you are found to be inadmissible or deportable (signatory carrier); and,
Convince the examining immigration officer that you are entitled to be admitted and that you are not inadmissible (see INA § 212(a) for the law on inadmissibility).

What is the advantage of using the VWP?

The advantage of entering the United States under the VWP is that tourists and people wishing to conduct business in America can travel to the United States spontaneously without obtaining visas.

What are the disadvantages of Using the VWP?

If you are admitted to the United States 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 in a few circumstances. 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.

When would I need to apply for a visa if I am from a VWP country?

You should not use the Visa Waiver Program, and must apply for a visa if you:

Want to stay in the United States longer than 90 days;
Want to work or study in the United States;
Have been refused a visa before;
Have a criminal record;
Arrive in the United States aboard a non-signatory aircraft;
You are inadmissible under INA § 212(a);
Are ineligible for a visa. See Classes of Aliens Ineligible for Visas on the State Department website.

How do I enter the United States using the VWP?

You must satisfy the eligibility requirements to participate in the Visa Waiver Program. 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. The inspecting officer must be satisfied that you have funds to support yourself during your stay and will depart the United States.

If you enter at a land port, you must complete and sign the Form I-94W (Nonimmigrant Visa Waiver Arrival/Departure Form), usually pay a $6 fee. 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.

Can I reenter the United States after a short trip to Canada, Mexico or an adjacent island?

Yes, you may be admitted to the United States under the VWP after a departure to Canada or Mexico or adjacent islands for the balance of your original admission period. You must be otherwise admissible and meet all the conditions of the VWP. Inspecting officers have the discretion to grant you an entirely new period of admission.

"Adjacent islands" 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.

May I use the VWP to transit through the United States?

Yes, provided you are admissible, have proper documentation, and arrive on a signatory carrier.

What happens if I am found to be inadmissible?

Generally if you are found to be inadmissible by the inspecting officer, you will be refused entry into the United States without further administrative hearing. If you arrive by air or ship, you will be sent back to the country where you originated.