How A Non-Immigrant Visa Lawyer Can Help You Enter Using a Visa Waiver

Are you thinking about traveling to the United States for business? Perhaps you’re hoping to tour one of our states, visit family, or arrive for the holidays. Anyone that intends to stay in the U.S. temporarily must usually apply for a B or visitor visa.

However, there is a way around applying for a B-visa. Qualifying citizens can skip the process of submitting a tourist visa at the U.S. consulate if they qualify for the Visa Waiver Program (VWP). VWP allows citizens or nationals of VWP-designated countries to travel and stay in the U.S. for 90 days. It is a voluntary option, should you want to travel without a visa and stay for less than three months.

For answers to your personal questions about traveling on a visa, applying for a non-immigrant visa, or qualifications regarding VWP, contact our expert visa attorneys in Los Angeles.

VWP Criteria – Eligible Immigrants, Can Apply

A visa lawyer for non-immigrants in LA would advise that you must meet the following criteria to qualify:

• Must come from a nation presented on the State Department’s list of VWP’s specified countries. Each country has an agreement with the U.S. and an excellent record of citizens who abide by immigration laws.
• You must have a clean record, meaning you haven’t violated any immigration laws. That includes remaining in the U.S. on an expired visa or committing crimes like drug use and selling firearms.
• Plan on staying in the U.S. for less than three months (90 days).
• Have no intention of staying and becoming a lawfully permanent resident.
• Will not enter the country on a private plane and utilize a VWP-approved air or sea transportation.
• You have not been to the countries that support terrorism or are a national threat per The Department of Homeland Security on or after March 1, 2011. Military personnel would be an exception if they were performing service.
• Not a national of Iraq, Syria, Iran, Sudan, or North Korea

If you meet the criteria, you can file the intended paperwork and embark on your journey to the U.S.

B-2 Visa vs. Visa Waiver Program

Before coming to the U.S., most immigrants still apply for a B-2 visa for an extra layer of protection should they need to extend their stay. There is a slight contrast that a B-visa attorney in Los Angeles urges you to be mindful of. VWP has a stricter policy and might warrant you to give up a couple of rights, like:

• The option of standing before an Immigration Judge if you face deportation and removal
• Obtain legal help from a visa lawyer in LA to request an extension or apply for another temporary visa without leaving the U.S.

You will not have the same access to fundamental rights when you enter by VWP. There are, however, limited exceptions. If you fear persecution or enter as the victim of a crime, you can apply for asylum. Additionally, immigrants that get married can apply for a green card to adjust their status. It is not an easy process and will likely take more than three months.

Entry Requirements

Coming to the U.S. through the VWP or any other visa requires much preparation. You will need the following to enter the country:

• A passport (with an electronic chip) and expiration date exceed six months after the end of your stay in the U.S.
• Have a plane ticket to demonstrate you will be leaving the U.S. before or on the 90th day.
• Have authorization from the U.S. Department’s Electronic System for Travel Authorization before departure.
• Show you have money to support yourself without employment.
• Able to pay fees should you arrive at a land border.

Before you arrive, the transportation hub you travel with will require you to fill out Form I-94-W to determine if you are inadmissible to the U.S. Immigration and Customs Enforcement will use this document to assess your travel and visa history. Unlike visas, if you get denied entry under a visa waiver, you can still return at another time!

About Grey Law Immigration

At our law offices of immigration in Los Angeles, we value integrity, honesty, commitment, and results. David Grey provides experienced representation to safeguard your rights through the immigration process. COVID-19 has drastically impacted citizenship in the U.S., but we have adjusted and acted accordingly based on new restrictions and regulations. For a free case review, give us a call at 323-622-1764 or email info@greylaw.com.