USA Enter Requirements

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Immigration Requirements for Entering the United States

On this page, we look at the Immigration Requirements for Entering the United States

Visa-free entry

Citizens of the 27 countries within the Visa Waiver Program, as well as Canadians, Mexicans living in the border and Bermudans, do not require advance visas for entry into the United States, although other conditions may apply. Most notably, a machine-readable passport (with your information on the bottom of the photo page) will be required; without that a visa is required. Mexican nationals living on the border must apply for a reusable Border Crossing Card.

Passports issued after October 26, 2005 need digital photographs embedded on them, and passports issued after October 26, 2006 must be e-passports, which have a chip embedded with the user's information. Some countries, e.g. France, did not have e-passports available at that date, meaning that citizens from these countries with newer passports but not e-passport have to obtain a tourist visa, which can be a cumbersome, costly and time-consuming process. If you have a non e-passport issued after October 26, 2006 and you are from a visa waiver country, try having your government exchange it for an e-passport, explaining that you wish to travel to the U.S.

The countries under the visa waiver program are Andorra, 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, United Kingdom.

South Korea, among other countries, expects to join the visa waiver program in December 2008. Under the visa waiver, you're allowed to stay for a maximum of 90 days; note that this counter is not reset by travel to Canada, Mexico or the Caribbean. Visas can be waived for tourism or business visits, but work (including journalism, performances, etc) is forbidden.

Return a stapled card
All visitors should note that returning the card stapled in their passport on entry (green I-94W or white I-94) is their responsibility. If it is not returned at the end of your visit, you will be presumed never to have left the U.S. and then will be refused entry in the future. Airline or border staff will take this card from you on departure, but check and insist on it, and if you leave the country with it in your possession, contact U.S. officials about how to return it and update your departure records. US Customs and Border Protection has information about what to do if your slip is not collected. Note that it is acceptable to retain this form if you are traveling by land to Mexico or Canada and you will return to the U.S. within your allowed stay.

Obtaining a US visa

For the rest of the world (including Mexicans not living in the border), the visa application fee is US$131 (as of 1 January 2008; not refundable). The Immigration and Nationality Act states that all persons requesting entry into the United States as non immigrants are presumed to be immigrants until they overcome that presumption by showing evidence of "binding ties" to your home country as well as sufficient proof that your visit will be temporary. When the US rejects visa applications, it is usually because the applicant does not have enough binding ties to his own country to convince the consulate officer that he or she is not planning to be an immigrant. Face-to-face interviews (where the official needs to be convinced that you are not a "potential immigrant") at the nearest U.S. embassy or consulate are required for many nationalities, and waits for interview slots and visa processing can add up to several months.

Do not assume anything. Check on documentation requirements with the United States State Department or with the United States consulate nearest you. If coming to the country with a car, be sure to have documents showing car insurance, rental agreements, drivers license, etc., before trying to enter the U.S.

Before arrival, you will receive either a form I-94 or form I-94W that is to be completed. If you are entering under the Visa Waiver Program, make certain that you satisfy all of the conditions of entry listed on the back of the card. If you are denied entry under the Visa Waiver Program, there is no right to appeal.

As of August 2008, a program called ESTA (Electronic System for Travel Authorization) will be piloted, allowing for people who are eligible for the Visa Waiver Program to apply in advance for entry authorization (similar to a visa). Unlike other e-visa schemes, however, it is expected to be free for the time being. When this is made mandatory in 2009, it will replace the I-94W form.

If you are not a citizen or resident of the United States, you will go through a short interview at immigration, where the official will try to determine if the stated purpose of your visit is valid. This questioning is most essential for travelers entering the U.S. through the Visa Waiver Program. Since these travelers are not interviewed by the U.S. Counsulate in their home country as they would be if they needed a visa, the U.S. Customs and Border Protection officer must make on the spot determinations on your admissibility. You are presumed to be a potential immigrant until you can prove that your visit is temporary, and that the purpose of your visit is allowable under Visa Waiver. Be prepared to show proof. For example if you are on a business visit, it is advisable to have an invitation letter from the company you are visiting, and a return ticket. If you are a tourist, you'll probably need to show proof of hotel bookings, etc. Usually, the determination of admissibility can be made in a minute or less, however if there are any doubts, you may be referred to further questioning in a more private area. Once they decide to let you in, you are fingerprinted and a digital photograph is taken. As in most countries, assume that customs official are humorless about any kind of security threat; even the most flippant joke implying that you pose a threat can result in lengthy interrogation.

For non-residents, your entry forms will need to state the street address of the location where you will be staying; this should be arranged in advance. The name of your hotel, hostel, university, etc. may not be sufficient; you must provide the street name and number. If staying in multiple locations, provide the address where you will be spending the first night of your stay. If it is a hotel, have a reservation under your name. If it is a private address, make sure that the people there know that they are expecting you that day, as if your plans are doubted border control officials may phone them and ask them for the name of the guest they are expecting. For technical and scientific fields of work or study, processing non-immigrant visa application can take up to 70 days, as it can require 8 weeks for receiving an approval from authorities in Washington. This especially applies to military and dual-purpose fields which mentioned in a so-called technical alert list. Leave procedure
The Department of Homeland Security has additional security measures dubbed US-VISIT and is piloting a measure requiring you to leave your fingerprint and photograph at a kiosk even while leaving. This is applicable at a majority of land, sea, and air entry ports. Check the list, as most of the ports of entry are covered. At customs Travelers should avoid bringing meat or raw fruit or vegetables into the U.S., but may bring cooked nonmeats, such as bread. See APHIS for details. The U.S. Customs process is straightforward. Most articles that are prohibited or restricted in any other country are prohibited or restricted in the USA. The only rule that is unique to America is that it is generally prohibited to bring in goods made in countries on which the U.S. has imposed economic sanctions, e.g., Cuba, Iran, North Korea, and Myanmar (Burma). Besides their personal effects which will go home with them, visitors are allowed to import $200 of merchandise duty free, including 1 liter of alcohol (21 and older only) and 1 carton of cigarettes. If you are bringing in more than US$10,000 or its equivalent, you must declare it on your customs form and you will be given a special form to fill out. At immigration, the officer usually puts some sort of a tick mark on your customs declaration form to alert the customs officer of any need to search you or your luggage. After you are admitted into the U.S. and you retrieve your bags, you will proceed to the secondary inspection area (customs checkpoint). Hand your customs declaration to the officer. Most of the time, the officer will point you to the exit and that will be it. The officer may ask you some routine questions and then let you go. The officer may refer you to the x-ray to have your bags inspected, or may refer you for a manual search of your bags. Customs has the right to search your person and your bags, but any search more intrusive than a bag search is rare, and is usually indicated only if some sort of probable cause has been established through questioning or during the bag search to suggest suspicious activity.

More info on USA available in the USA Tourist Information main page.

Information on this page may be printed out for your use when you visit USA.

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