 THE ABC'S OF IMMIGRATION - THE VISA WAIVER PROGRAM
Started as a pilot program in 1986 and made permanent in 2000, the Visa Waiver Program allows citizens of designated countries to enter the US as business or tourist visitors for up to 90 days without requiring them to obtain a visa. Millions of people use the program each year. There are currently 29 countries participating in the program: Andorra, Argentina, 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, the United Kingdom and Uruguay. However, as mentioned elsewhere in the newsletter, Argentina will be eliminated on March 1, 2002. Also, the participation of Belgium, Italy, Portugal, Slovenia and Uruguay is being reviewed. The applicant for entry under the Visa Waiver Program must be a citizen of the participating country, not merely a permanent resident. In the case of the United Kingdom, the person must be a British citizen, not a British overseas citizen or citizen of a Commonwealth nation.
Every five years, the participation of designated countries must be reviewed. To continue participation, the rejection rate of applications for B-1/B-2 visas for that country cannot be over three percent. The country must allow US citizens to visit under the same terms as the US allows the country’s citizens to enter the US on the Visa Waiver Program. Also, by October 1, 2003, countries must issue machine readable passports to continue participation. When the program was made permanent in 2000, a provision was included that allows for the immediate termination of a country in the event of an emergency such as a war or economic collapse.
The applicant for entry must show that they have the financial resources to support themselves during their stay in the US. Those who arrive by boat or plane must have a return ticket. Upon arrival, the applicant completes an I-94W. On this form, the applicant indicates that they waive the right to a hearing in the event they are ordered deported, and that they understand they cannot apply for an extension or change of status in the US. Therefore, if the purpose of a person’s visit to the US is to investigate possible employment or education, they should obtain a traditional B-1/B-2 visa.
There is one exception to the rule that a person cannot change their status after entering the US under the Visa Waiver Program covering people who are applying for adjustment of status as the immediate relative of a US citizen or under section 245(i).
| 
