Visa Waiver Program

• Summary
• When does a citizen of one of the Visa Waiver participating countries need to apply for a visa?
• What do I need to know about the Visa Waiver Program and the Machine Readable Passport?
• What is a Machine Readable Passport?
• What should you know about Machine Readable Passports and Family Passports?
• Biometric Passports
• Register to enter (U.S. VISIT)
• Enter into the United States- Port of entry
• Are there any fees?

Summary

The Visa Waiver Program (VWP) permits citizens of certain countries to visit the United States for motives of tourism or business, and for a period of less than 90 days it is not necessary to obtain a visa.  However, there exist other restrictions.   Not all the countries participate in the Visa Waiver Program (VWP).

From the 17th of November 2008, the citizens of the following countries:

1. They can be eligible to visit the United States without a visa under the Visa Waiver Program if they are going for business, tourism or transit (during 90 days more or less).
2. Their passport has an integrated chip.
3. They have obtained travel authorization through the Electronic System for Travel Authorization (ESTA by its initials in English) before boarding an airline or shipping company.

More information

To visit the United States under the (VWP) each traveler must:

• To be a citizen of any of the countries that are included in the Visa Waiver Program.
• Posses an electronic passport of one of the participating countries in the Visa Waiver Program.  The passport must have less than six months of validity projected number output by the United States.   This rule is on the validity of your passport; does not affect the holders of a Spanish passport.
  Important Note: Regulations about the type of passport necessary to travel without a visa under the conditions of the Visa Waiver Program:
  
  
  • Machine readable passports issued/renewed/extended before the 26th of October 2005.  No other requirement is necessary.
  • Machine readable passports issued/renewed/ extended between the 26th of October 2005 and the 25th of October 2006 must have a digital photo in the identification page.   Holders of this type of passport DO NOT need to obtain another one with a chip.
  • Machine readable passports issued/renewed/extended from the 26th of October 2006 need to bring an integrated chip containing information from the identification page. 

Note:  The Spanish passport with the new format that was emitted in Spain during the 25th of July 2003, meets all the conditions to travel visa-free.  The previous format is not valid.

• Requests to enter for a period no more than 90 days and with motives solely for tourism or business.  It is not possible to extend the time limit, or modify your condition of “tourism / business” traveling under the conditions of this program.
• Posses a round-trip ticket through an airline company or commercial cruise that has an agreement with the Service of Nationality and Immigration and arrives to the United States through that company.
• Fill out and sign the I-94 form, visa waiver of non-immigration where you have to explicitly waive your right to request a review or appeal the immigration officer’s decision regarding your entry into the United States.  You will have the right to appeal, however; you will not be granted an extension of stay or a change in its status.   These forms can be obtained through travel agencies, transport companies, and in all ports of entry into the United States. 
• Not to be included in categories specifically defined with the law as not to be admissible to the United States. It’s to say, that if they have been denied an interior visit or has been arrested/ or convicted of a crime, has a criminal record, or if within some of the categories defined by law as inadmissible to the United States, cannot travel under the Visa Waiver Program and they must apply for a visa.

It is possible to enter from the Canada or Mexico border under the visa waiver program.  Travelers that request to enter from these borders under the visa waiver program will not have to present a round-trip ticket at the border if issued by a company that has an agreement with the United States, although they will have to meet the requirements of the visa waiver program.

When does a citizen of one of the Visa Waiver participating countries need to apply for a visa?

• If you want to work or study in the United States.
• If you have been denied a visa or if you have been denied admission into the United States.
• If you have been arrested or convicted of a crime.
• If your case falls within one of the categories defined by law as inadmissible into the United States.
• If you are representing a form of media or communication (TV, press, radio, ect.) and are traveling for professional motives.
• If you are traveling on a private boat or plane.

What do I need to know about the Visa Waiver Program and the Machine Readable Passport?

The “Patriot Act” requires that all persons that travel under the conditions of the Visa Waiver Program (VWP) have in their possession a machine readable passport.  Citizens of countries include in the Visa Waiver Program (VWP) that do not possess a machine readable passport (MRP), need to present a passport with a valid photo in order to enter into the United States.  The standard includes any type of passport, regular, diplomatic or official.

What is a Machine Readable Passport?

A machine readable passport has the biographical data of the passport holder included in the data page according to international specifications.  The size of the passport and photograph, as well as the distribution of the data, especially the two lines of printed machine readable data, follow the protocol to the International Civil Aviation Organization, Doc 9303, Part 1 Machine Readable Passports.  If you have any questions regarding your passport, contact the passport issuing agency or authority in your country of citizenship.  Shown below is an example of the page of data from a machine-readable passport.

All of the Andorran passports as well with the Spanish passports with the new format and a digital photo in the data page are machine readable.

What should you know about Machine Readable Passports and Family Passports?

Every person needs to bring and individual machine readable passport, including minors.  Machine readable passports reflect unique biographical data of the holder in each machine readable zone; therefore, each traveler must have in his possession an individual machine readable passport regardless of their age or family relation.

Biometric Passports

President Bush approved a law, which requires the countries included in the Visa Waiver Program to include biometric data on their passports.  This request entered into effect on October 26, 2005.  Therefore, all of the passports issued on October 26, 2005 must carry a digitized photo identification page and all passports issued on or after October 26, 2006 need to bring an integrated chip containing information of the identification page to meet the conditions of the Visa Waiver Program (VWP).  More information on biometric passports.

Therefore, all of the passports issued on October 26, 2005 need to carry a digital photo on the identification page, to meet the conditions of the Visa Waiver Program.  More information.

Register to enter (U.S. VISIT)

In all the airports and water ports, the Department of National Security of the United States includes the passengers of the Visa Waiver Program in the “U.S. Visitor” program and within the “Immigrant Status Indicator Technology” (US-VISIT) program.

Enter into the United States- Port of entry

To obtain information regarding your admission to the United States under the Visa Waiver Program on the DHS website, Customs and Border Protection.

Are there any fees?

The fees for travelers that enter under the Visa Waiver Program is $14.  In order to obtain more information in this respect, select Forms and Fines for Immigration and Travelers into the United States.