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State Department Imposes New Requirements On Those Entering Under Visa Waiver Program

Beginning October 1, 2003, all Visa Waiver Program (VWP) nationals must obtain either a Machine Readable Passport (MRP) or a U.S. non-immigrant visa (NIV) in order to enter the U.S.

 

This change is an advancement of Section 217 of the INA from October 1, 2007 to October 1, 2003 and applies only to VWP travelers. The change does not apply to Transit Without Visa (TWV) purposes.

 

Currently, 27 countries participate in the VWP program: Andorra, Australia, Austria, Belgium, Brunei, Denmark, Finland, France, Germany, Iceland, Ireland, Italy, Japan, Liechtenstein, Luxembourg, Monaco, Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovenia, Spain, Sweden, Switzerland, and the United Kingdom.

 

Citizens of VWP countries may replace their non-MRPs with MRPs may find it more beneficial than obtaining a new visa as the passport cost is less than the $100 NIV fee. In some areas however, many expats may not have the option of obtaining MRPs and therefore, posts may experience an increase in NIV applications from VWP citizens in the upcoming months.

 

The State Department has the authority, under the Patriot Act, to grant a waiver of this requirement to VWP travelers from countries that are making progress toward providing MRPs. The State Department, however, intends not to exercise this option.

 

Families and groups should obtain individual MRPs since each MRP contains only biodata for that individual traveler.

 

Critics of the new regulation contend that tourism to the US will be adversely affected since nationals of many visa waiver countries lack the required passports.

 

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Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk.

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Memphis, TN 38119
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