Traveling to the United States without a Visa

With the introduction of visa free travel to citizens of 27 countries, it is now possible for many travellers, including British citizens, to apply for entry into the United States without a visa under the Visa Waiver Program (VWP).  Visa free travel is also available to qualified travellers who enter the United States on business or in transit.  It is important to note that some travellers may not be eligible to enter the United States visa free under the VWP if they have been arrested, even if the arrest did not result in a criminal conviction.  Those who have certain serious communicable illnesses, those who have been refused admission into, or have been deported from, the United States, or have previously overstayed on the visa waiver program may also have difficulty travelling on the VWP.  Such travellers may have to apply for a visa.  Contact us if you think you may fall into one of these categories and we will be able to advise you if you will need a visa or not.
 
Passport holders from the following countries must be in possession of individual machine readable passports in order to travel visa free as of October 26, 2004.  From this time, travellers with a valid U.S. visa will not be required to have machine-readable passports.  If you are in doubt as to whether your passport is machine readable, feel free to contact us. 
 

• Andorra
• 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
• United Kingdom (Please also note that a passport indicating that the bearer is a British Subject, British Dependent Territories Citizen, British Overseas Citizen, British National (Overseas) Citizen, or British Protected Person does not qualify for travel without a visa.  Also, a passport which states holder has Right of Abode or indefinite leave to remain in the United Kingdom does not qualify for visa free travel).
   
  Citizens of the one of the above 27 countries may travel visa free under the Visa Waiver Program if they meet ALL of the following requirements: 

1. The traveller is a citizen of one of the countries named above, travelling on an unexpired national or EU passport.
2. Travelling for business, pleasure or transit only;
3. Staying in the United States for 90 days or less;
4. Holding a return or onward ticket. If travelling on an electronic ticket, a copy of the itinerary must be carried for presentation to the United States Citizenship and Immigration Service (USCIS).
5. In possession of a completed form I-94W, obtainable from airline and shipping companies 

The traveller should in addition carry with him or her evidence of his or her intention to depart the United States at the end of the visit.  Evidence of strong social and economic ties to the traveller's place of permanent residence is recommended and will usually suffice.

Travellers who have been previously refused a visa under the provisions of Section 221(g) or 214(b) of the Immigration and Nationality Act are not prohibited from travelling visa free under the Visa Waiver Program.  However, they may be questioned by an officer of the Department of Homeland Security, USCIS at the U. S. port of entry regarding the refusal by the Embassy or Consulate.  At the moment, Bureau of Customs and Border Patrol (CBP) officers have discretion to grant no-risk travellers who overstayed under the Visa Waiver Program on a prior visit a one-time parole into the US.  Under previous program rules, visitors who overstayed the 90-day limitation were required to obtain a visa for their next visit.  According to the CBP, visitors may now be granted a one-time reprieve and will be informed that in subsequent visits, they must obtain a visa to enter the U.S.  Even so, we strongly encourage those travelling on the Visa Waiver to stay within the time limits they are allowed by the CBP, as reflected on their I-94 card.
 
Remember that generally, if a Visa Waiver applicant is found to be inadmissible by the inspecting officer, he or she is refused entry into the United States without further administrative hearing or judicial review.  The applicant also forfeits the right to contest a removal order.  However, if admitted into the United States under the Visa Waiver Program, the individual may not change or extend his or her non-immigrant status while in the US. 
 
Recent changes:
As of September 30, 2004, all VWP travellers arriving at a U.S. port of entry, will be required to enrol in US-VISIT, a program involving a digital photograph and finger scans. 
 
President Bush signed into law a one-year extension for the date countries are required to produce biometric passports in order to remain eligible for the Visa Waiver Program, delaying the requirement until October 2005.   Please note that biometric passports and machine readable passports are not the same thing.
 
 

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