Tills Visa Law

Stephen K. Tills, Attorney at LAW

Visa Waiver and National Security

Following the Charlie Hebdo tragedy, the U.S. and countries in Europe are considering whether to change their respective border inspection programs.

Outside- at the scene some two hours after the shooting.(Paris, France)

Outside- at the scene some two hours after the shooting.(Paris, France)

To discuss the issue vis-a-vis the U.S., we need to know the particulars of the Visa Waiver Program.

1. What countries are included in the U.S. Visa Waiver Program (VWP)?
answer: All 24 European countries, New Zealand, Austrailia, the Asian countries of Taiwan, South Korea, Japan, and Singapore. Chile is the only South American country   The remaining are: Iceland,  Andora, Brunei, San Marino, Malta, Monaco, and Iceland.

2. What is necessary to apply for a VWP admission to the U.S.?
a)  Must hold a machine-readable passport from one of the VWP countries. The passport contains the information for DHS to pre-screen all travelers entering by air or sea.
b)  Must obtain advance on-line ESTA (Electronic System for Travel Authorization) application in which the traveler provides identification, purpose for travel and additional background information. Only since November, 2014, has the traveler been required to provide information about any criminal arrests, convictions, or prior immigration violations.
An approved ESTA application allows for multiple entries for two years.  The ESTA can be obtained on the day of intended travel, although 72 hours in advance is recommended by DHS.
c)  Must be inspected by a Customs official. Note: The U.S. has expanded its use of pre-clearance units in airports abroad, but not for all VWP travelers.  Many are not inspected until they reach a U.S port of entry. A security concern is raised that the first face to face encounter with U.S. inspectors is after they have boarded a plane and reached the U.S. mainland.

U.S. Visa Waiver application

U.S. Visa Waiver application

What is least known about the program is what is Waived and by whom.  While it is true that the U.S. waives the requirement that the traveler obtain a visa (B-1 / B-2),  the traveler is also waiving certain rights.  A violator of the VWP program, most often someone who overstays the 90 day admission period, waives the right to contest a violation before an Immigration Judge, unless they are seeking asylum in the U.S..  A violator can be arrested and detained until travel arrangements are made for their return by the U.S. by air. The traveler also is denied future travel to the U.S. under the VWP. They are not, however, issued a removal (deportation) order, and are not barred from applying for a visa in the future.

Do you need assistance?
If you are detained for immigration reasons or need to resolve your immigration status contact an Immigration Lawyer for good results.
Stephen K. Tills Esq.: an attorney and member of AILA, specializes in your area of need: Green Card Work Visa, Waivers, Detention, Citizenship, Fiance, Immigration.
Find out more:- call 716.662.5080 Immigration office of Stephen K.Tills Esq. in the Buffalo, NY.
Contact form :- www.TillsVisalaw.com email: stephen@tillsvisalaw.com


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