The Visa Waiver Program
The Visa Waiver Program ("VWP") enables foreign nationals of certain countries to travel to the United States for tourism or business (B-1 or B-2 Visa) for stays of 90 days or less without obtaining a visa. The program was established with the objective of eliminating unnecessary barriers to travel and stimulating the tourism industry. VWP eligible travelers may apply for a visa, if they prefer to do so (and must do so if intended trip is for more than 90 days).
Not all countries participate in the VWP, and not all travelers from VWP countries are eligible to use the program. VWP travelers are required to apply for authorization through the Electronic System for Travel Authorization (ESTA). All WVP travelers must use a signatory air or sea carrier (a carrier that is signatory to the Visa Waiver Program) to travel to the U.S. and be subject to a screening at the port of entry. All VWP travelers will be enrolled in the Department of Homeland Security's US-VISIT program.
Currently, 35 countries participate in the Visa Waiver Program:
If you enter at a Port of Entry you must complete and sign the B-1 Form I-94W (Nonimmigrant Visa Waiver Arrival/Departure Form) and pay the land border fee. Additionally, Form I-94W includes specific questions related to inadmissibility issues. The applicant must sign and date the Form I-94W, which indicates agreement to waive his/her right to a hearing before an immigration judge, if found inadmissible.
Please note, if you are admitted to the United States under the VWP, you may not change or extend your non-immigrant status. If your admission is denied, you have no right to administrative or judicial review. Likewise, if you are found to have violated the terms of your admission, you also forfeit the right to contest a removal order and to enter under the VWP ever again. Therefore, before using the VWP, you should carefully consider your options.
Remember, a customs officer at the port of entry determines if you are eligible or not to be admitted.
In general, if you have been admitted to the United States under most visa classifications if you take a short trip (30 days or less) to Canada or Mexico, you may retain your I-94/I-94W, so that when you resume your visit to the United States you are readmitted for the balance of the time remaining on your I-94/I-94W.
It is your responsibility to ensure that your I-94/I-94W is turned in to Customs and Border Protection (CBP) at the end of your visit to the United States.
