Entry visas are immigration documents which are issued to non-immigrant travelers who wish to enter and remain temporarily in the United States for a specific period of time. There are an assortment of entry visas from which to choose.
Each type of entry visa varies based upon the reason for the individual’s trip as well as on the amount of time that they intend to remain in the United States. For example, a non-immigrant traveler may apply for an entry visa for numerous reasons, including:
- To take care of business-related matters, using a visitor visa or a B-1 visa;
- For vacation or tourism purposes;
- To receive medical treatment; or
- To marry a United States citizen, using a fiancé visa or a K-1 visa.
Additionally, there are different classifications for each category of visa. For example, an individual may apply for a single-entry visa if they only want to enter into the United States one time for a short period of time.
In contrast, an individual may be required to apply for a multiple-entry visa if they desire to make multiple trips to and from the United States. There are separate categories for entry visas, non-immigrant visas and immigrant visas.
Foreign-born nationals will be required to determine whether they want to obtain a non-immigrant entry visa or an immigrant entry visa prior to applying. For example, a non-immigrant entry visa may be issued to individuals who only intend to travel to the United States temporarily.
An immigrant visa is issued to individuals who wish to live and work permanently in the United States.
What are Single-Entry Visas and Multiple-Entry Visas?
As previously noted, there are many different categories of entry visas in the United States. A single-entry visa is typically issued to a non-immigrant traveler who intends to visit a certain destination in the United States for a temporary period of time.
In other words, an individual who applies for a single-entry visa applies for a particular reason and will be required to explain why they want to travel to the United States during the application process. In most cases, an individual will apply for a single-entry visa when they need or want to make one single trip to the U.S.
Multiple-entry visas, on the other hand, are issued to non-immigrant travelers who intend to make multiple trips into and out of the U.S. over a longer period of time than is permitted using a single-entry visa. Depending upon the reasons an individual applies for their multiple-entry visa, non-immigrant travelers may be permitted to return as many times as they want to or they may be allowed a certain number of visits within a certain time frame.
Non-immigrant travelers are not required to re-apply for new multiple-entry visas until their current one expires. They may be required to leave the United States once the validity period, or the time frame assigned to the visa, of their current visa lapses but they may be permitted to return again at some time in the future.
Multiple-entry visas are typically harder to obtain than single-entry visas. The application process typically takes longer and costs more when compared to a single-entry visa.
What is the Visa Waiver Program?
The Visa Waiver Program (VWP) is a program which allows nationals of certain countries to enter the United States without a visa. This program was intended to encourage tourism as well as to eliminate certain barriers to intentional travel.
There are only certain nationals of specific participating countries who are permitted to apply for the program and they are subject to various restrictions. An individual who comes to the U.S. under this program is only permitted to stay for 90 days maximum.
An individual is not permitted to extend their stay or change their immigration status under the program.
Which Countries Currently Participate in the Visa Waiver Program?
There are currently 36 countries that qualify for the Visa Waiver Program, including:
- Andorra;
- Australia;
- Austria;
- Belgium;
- Brunei;
- Czech Republic;
- Denmark;
- Estonia;
- Finland;
- France;
- Germany;
- Greece;
- Hungary;
- Iceland;
- Ireland;
- Italy;
- Japan;
- Latvia;
- Liechtenstein;
- Lithuania;
- Malta;
- Monaco;
- The Netherlands;
- New Zealand;
- Norway;
- Portugal;
- San Marino;
- Singapore;
- Slovakia;
- Slovenia;
- South Korea;
- Spain;
- Sweden;
- Switzerland; and
- United Kingdom.
In order for a country to qualify for participation in the visa waiver program, it is required to meet strict requirements regarding:
- Security;
- International travel safety; and
- Other standards.
What countries are selected for participation in the VWP is at the discretion of the United States.
Which Foreign Nationals are Eligible for the Visa Waiver Program?
Not all foreign nationals are eligible for the Visa Waiver Program. In order to qualify, an individual must meet the following requirements:
- They have been authorized to travel under the Electronic System for Travel Authorization (ESTA), which involves an additional fee;
- They have a passport that is valid for 6 months longer than their expected stay in the United
- States. Certain countries may be subject to exemptions;
- The purpose of their stay in the U.S. is for tourism or business, using a Visitor B visa;
- Their stay in the United States will be for 90 days or less;
- If they are traveling by air or by sea, they are required to travel on an approved carrier. They must also have a return ticket to their country of origin; and
- They must demonstrate that they have sufficient monetary funds to support themselves while in the U.S.
In addition, certain Visa Waiver Program travelers are permitted to make short trips to Canada, Mexico, or an adjacent island during the 90 days. They can then be readmitted to the United States for the balance of their original period for admission.
What are Some of the Restrictions of the Visa Waiver Program?
In general, a foreign national who is traveling to the United States under the Visa Waiver Program cannot extend their stay past the 90 day period. In addition, they are not eligible for an automatic visa revalidation.
These individuals are also prohibited from changing their immigration status under the Visa Waiver Program, as noted above. If the individual is denied an application or if they are denied entry at a United States port, there are no options available for appeal at this time.
If an individual does not qualify for the VWP, they will be required to apply for a visa prior to being permitted to enter the United States. An individual must apply for a visa if they:
- Wish to remain in the U.S. for more than 90 days;
- Indicate that they wish to change their status once in the U.S.;
- Want to work or study in the U.S. or desire to immigrate to the U.S.;
- Are ineligible for a visa due to criminal record or other circumstances; and
- Have previously been refused admission to the U.S. or did not comply with previous admissions under the visa waiver program.
Do I Need a Lawyer for the Visa Waiver Program?
It is essential to have the assistance of an immigration attorney for any issues, questions, or concerns you may have related to the Visa Waiver Program. The VWP has strict requirements, so it is important to consult with an attorney regarding your eligibility well in advance of any planned trip.
In addition, if you are denied eligibility in the VWP, you may apply for a different class of visa. Your lawyer can advise you regarding the different types of visas, which you may qualify for, and assist you in completing the application.
