Normally when you travel to the United States, you would need a visa to be able to enter. However, the Visa Waiver Program (VWP) allows people from certain countries to travel to the United States without a US visa. To qualify, you must be visiting for 90 days or less as a nonimmigrant visitor for business or pleasure (tourism). The Visa Waiver Program began in 1986 as a pilot program, but became permanent in 2000.

Those traveling under the VWP must be citizens of one of the 35 participating countries (listed below) and;

1. Valid authorization through the Electronic System for Travel Authorization (ESTA) prior to the trip. ESTA determines the eligibility of visitors to travel to the US by collecting the same information as the I-94 arrival and departure record. The application can be submitted at any time before the trip. It is normally valid for up to two years and can be used for multiple entries into the US In addition, you must have a passport valid for 6 months beyond your intended period of stay, 90 days. Therefore, your passport must be valid for 9 months. The purpose of your stay must be 90 days or less, and the reason for your visit must be for tourism or business. If you are arriving by air or sea, you must have a return ticket. In addition, you must be able to demonstrate that your intent to stay is for 90 days or less and that you have sufficient funds to support yourself while in the US You must also be determined not to pose a threat to the security of the US from any policy of admission. Finally, you must waive your right to proceed before an immigration judge, except for an application for asylum.

2. Checked at a port of entry to the United States;

3. Enrolled in the US-Visit program of the Department of Homeland Security.

The following countries participate in the Visa Waiver Program:

Andorra Hungary New Zealand

Australia Iceland Norway

Austria Ireland Portugal

Belgium Italy San Marino

Brunei Japan Singapore

Czech Republic Latvia Slovakia

Denmark Liechtenstein Slovenia

Estonia Lithuania South Korea

Finland Luxembourg Spain

France Malta Sweden

Germany Monaco Switzerland

Greece Netherlands United Kingdom

What are the advantages and disadvantages of the visa waiver program?

Those who use the Visa Waiver Program can travel to the US spontaneously without obtaining a visa for tourism or business purposes. On the other hand, those who use the VWP cannot change or extend their nonimmigrant status. Also, if you are denied admission, you will not have the opportunity to appear before an immigration judge to challenge your inadmissibility. Finally, you cannot enter under the VWP if it is determined that you have previously violated the terms of your admission. Therefore, you should consult with an experienced Phoenix immigration attorney to determine if you should use the Visa Waiver Program.