Temporary Visitors to the U.S.

International visitors add greatly to the US nation’s cultural, education and economic life. The US continues the proud tradition of welcoming visitors to the United States, with secure borders and open doors.
International travelers come to the U.S. for a wide variety of reasons, including tourism, business, medical treatment and certain types of temporary work. The type of visa needed is defined by immigration law, and relates to the principal purpose of your travel. The Consular Officer at your embassy or consulate will decide what kind of visa you need, when you apply. Go to http://www.usembassy.gov/ find the US embassy near you so you can start the process.Advance planning can smooth the visa application process for you.

Nonimmigrant visas are for international travelers, (citizens of other countries), coming to the U.S. temporarily. This visa allows you to travel to a U.S. port-of-entry (airport, for example) and request permission of the Department of Homeland Security immigration inspector to enter the U.S. A visa does not guarantee entry into the United States.

Please go to the VISA WAIVER PROGRAM section if you are a citizen of a country that qualifies.

*You should be aware that a visa does not guarantee admission into the United States. CBP (Customs and Border Protection) may deny your admission, and also limit the period of time you are authorized to remain in the United States. *

*If CBP authorizes your admission to the United States at the designated port of entry, you will receive a stamped Form I-94, Record of Arrival-Departure. If you wish to stay beyond the time indicated on the Form I-94, you may apply for an extension by filing Form I-539, Application to Extend/Change Nonimmigrant Status, with USCIS.*

Types of Visas

There are two types of nonimmigrant visas available for people who want to visit the United States.

• Visitor for business (B-1)
• Visitor for pleasure (B-2)

The B-1 visa is for individuals who wish to visit the United States temporarily for business purposes, (e.g. conferences) or for medical treatment, or to accompany a family member who is requires medical treatment.

The B-2 visa is for individuals who wish to visit the United States temporarily or to visit family or friends.

You need to know

If you are planning to visit the United States, you should be prepared to demonstrate the following:

• Your visit will be temporary
• You will depart at the end of your authorized stay or any extension granted by USCIS
• You are in possession of a valid passport
• You maintain a foreign residence that you have no intention of abandoning
• You are able to support yourself financially while in the United States
• You are admissible to the United States or have obtained a waiver for any ground of inadmissibility.

Generally, if you want to visit the United States you must first obtain a nonimmigrant visitor visa. Travelers from certain countries may be exempt from this requirement, such as countries from the Visa Waiver Program

If you want to travel to the United States for reasons other than business or pleasure, you must apply for a visa in the appropriate category.  This includes if you want to study, work as a crew member or journalist, etc

Apply for your Visa well in advance of your travel! Important steps to remember:

1 – Review your visa status, and find out if you need a U.S. visa or a renewal.

2 – Review the visa wait times information for interview appointments and visa processing at each embassy and consular section worldwide available on our website at Visa Wait Times. Visit the embassy website where you will apply for your visa to find out how to schedule an interview appointment, pay fees and any other instructions.

3 – Plan on an interview at the embassy or consulate, which is required for most visa applicants. As part of the visa interview, quick inkless fingerprint scans should be expected. Some visa applications require additional administrative processing, which requires some additional time. Applicants are advised when they apply.

Bringing Food into the U.S.

It is necessary to take agricultural items from your baggage. They cannot be brought into the United States because they may carry animal and plant pests and diseases. Restricted items include meats, fruits, vegetables, plants, soil, and products made from animal or plant materials.

Agricultural pests and diseases are a threat to U.S. food crops and livestock. Some of these organisms are highly contagious animal diseases that could cause severe economic damage to the livestock industry and losses in production, which would mean increased costs for meat and dairy products. Other pests can affect property values by damaging lawns, ornamental plants, trees, and even homes.

The U.S. Department of Agriculture (USDA) and the Department of Homeland Security (DHS) are partners in this effort to protect American agriculture against the introduction of foreign plant and animal pests and diseases at our nation’s ports of entry. USDA’s Animal and Plant Health Inspection Service (APHIS) develops the policies that determine what agricultural products can come into the country and what products pose a risk and should be kept out. U.S. Customs and Border Protection (CBP) at ports of entry enforce these agricultural policies. Confiscated items are carefully destroyed in special CBP facilities. For additional information, please visit the CBP Web site. (www.cbp.gov)

FORMS TO FILL OUT BEFORE LANDING

CBP Declaration Form

Ms. Immigration Advices,

This form is usually given by the airline personnel to all passengers prior to landing in the US. It is my understanding that this particular form is one per family. Make sure you ask the flight attendant if it is necessary for each of the members of your family to have a separate one. Every time I have traveled to the US I have given this form to a CBP agent after I have claimed my luggage. After you claim your luggage there will be another line for you to make where an officer will ask you to give this form and make sure you do not carry any agricultural products. Some people are sent for inspection, others are not. I have seen the majority of passengers just go through with no inspection.

For a Sample CBP Declaration Form U.S. Customs and Border Protection Declaration Form 6059B – Instructions go to:
http://www.cbp.gov/linkhandler/cgov/travel/id_visa/i-94_instructions/sample_cbp_decla.ctt/sample_cbp_decla.pdf

Arrival Departure Record

Ms Immigration advices:

I-94 is a very important form you must keep with you during your stay in the US. The airline personnel should give you this form prior to landing. You can fill it out on the plane for your convenience and if you have any questions you should ask the flight attendant to assist you. The form is in most cases white with black ink content. This form should be given to a CBP agent and he or she will review it and stamp it. The bottom part is for you to keep. It has a Departure Date. This date is crucial!! It tells you how long you can stay in the US. It could vary from 1 month to 6 months stay. At the time of your departure this form should be given to the airline person at the time of checking in. (This information I am sharing with you is purely through my experiences when traveling to the US).

Filling Out Arrival-Departure Record, CBP Form I-94, for Nonimmigrant Visitors with a Visa for the U.S.

For nonimmigrant visitors entering the United States with a visa, there is a requirement to fill a CBP Form I-94 (white form). This form has two specific perforated sections to it. The visitor or the carrier representative must complete both sections of CBP Form I-94 upon arrival in the United States. The bottom section of CBP Form I-94 is a departure record and must be returned to U.S. officials upon exiting the United States.

The information requested on the CBP Form I-94, Arrival Record, upper portion, includes:

• Family Name
• First Name
• Date of Birth
• Country of Citizenship
• Sex (Male or Female)
• Passport Number
• Airline and Flight Number (if applicable)
• Country Where You Live – Lawful Permanent Residence
• City Where You Boarded (if applicable)
• City Where Visa was Issued (if applicable)
• Date Issued (Day/Mo/Yr) (if applicable)
• Address While in the United States (Number and Street)
• City and State

The information requested on the CBP Form I-94, Departure Record, lower portion, includes:

• Family Name
• First Name
• Date of Birth
• Country of Citizenship

After the successful completion of processing the applicant, a CBP officer stamps the applicant’s CBP Form I-94, Arrival and Departure Records, and the passport. The CBP Declaration, used at air and sea ports of entry, may also be stamped by the CBP officer. The CBP officer retains the arrival portion of the CBP Form I-94 and returns the departure portion of the CBP Form I-94 and passport to the applicant.

The departure portion of CBP Form I-94 and passport is to be in the applicant’s possession at all times until the applicant departs the United States. If an applicant boards a commercial conveyance to depart the United States, the transportation carriers are:

1. To remove the departure portion of the CBP Form I-94 from the applicant’s passport.
2. Annotate the reverse of the departure portion of the CBP Form I-94 with the facts of the applicant’s departure from the United States.
3. Return the departure portion of the CBP Form I-94 to the nearest CBP office.

It is your responsibility to ensure that your I-94/I-94W is turned in to Customs and Border Protection (CBP) at the end of your visit to the United States.

• If you are departing by air, please turn the I-94/I-94W into the airline prior to departure.
• If you are departing by sea, please turn the I-94/I-94W into the shipping line prior to departure.
• If you are departing by land and you will not be returning to the United States within 30 days, please turn the I-94/I-94W into the Canadian or Mexican authorities upon departure from the United States.

In general, if you have been admitted to the United States under most visa classifications if you take a short trip (30 days or less) to Canada or Mexico, you may retain your I-94/I-94W, so that when you resume your visit to the United States you are readmitted for the balance of the time remaining on your I-94/I-94W..

Keep in mind

*However, because each traveler’s individual circumstances may vary (such as your current status in the United States, foreign destination, and the nationality of the traveler); it is recommended that you contact CBP at the port of your departure and prior to your departure if you have any questions regarding these issues.*

To download a Helpful Booklet Welcome to the United States

http://www.cbp.gov/linkhandler/cgov/newsroom/publications/travel/welcome2us.ctt/welcome2us.pdf

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VISA WAIVER PROGRAM

Overview – What is the Visa Waiver Program?

The Visa Waiver Program (VWP) enables nationals of 35 participating countries to travel to the United States for tourism or business (visitor [B] visa purposes only) for stays of 90 days or less without obtaining a visa. The program was established in 1986 with the objective of eliminating unnecessary barriers to travel, stimulating the tourism industry, and permitting the Department of State to focus consular resources in other areas. VWP eligible travelers may apply for a visa, if they prefer to do so. Nationals of VWP countries must meet eligibility requirements to travel without a visa on VWP, and therefore, some travelers from VWP countries are not eligible to use the program. VWP travelers are required to have a valid authorization through the Electronic System for Travel Authorization (ESTA) prior to travel, are screened at the port of entry into the United States, and are enrolled in the Department of Homeland Security’s US-VISIT program.

Which countries participate in the Visa Waiver Program (VWP)?

Currently, 35 countries participate in the Visa Waiver Program, as shown below:

Ms Immigraion recommends,

By now you should know if your country participates in the Visa Waiver Program. My suggestion is to go to the link below and start your process!!!

Remember you need to contact your country’s agency in charge of issuing passports and find out how

http://www.cbp.gov

Visa Waiver Program (VWP)

Important Notices:

Effective July 1, 2009, all Visa Waiver Program (VWP) emergency or temporary passports must be electronic passports (e-Passports) to be eligible for travel to the United States under the VWP. This includes VWP applicants who present emergency or temporary passports to transit the United States. Learn more. Review the CBP Website notice.

ESTA: As of January 12, 2009, a valid ESTA (Electronic System for Travel Authorization) approval is required for all Visa Waiver Program (VWP) to travel to the United States. The Department of Homeland Security, Electronic System for Travel Authorization (ESTA) is a free, automated system used to determine the eligibility of visitors to travel to the United States under the VWP. It collects the same information as the paper I-94W form that VWP travelers fill out en route to the United States. ESTA applications may be submitted at any time prior to travel. An ESTA authorization generally will be valid for up to two years. Authorizations will be valid for multiple entries into the United States. DHS recommends that travelers submit an ESTA application as soon as they begin making travel plans.

NEW COUNTRIES ADDED: The  Visa Waiver Program (VWP) was expanded to include the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, the Republic of Korea, and the Slovak Republic in late 2008. Review the Visa Waiver Program quick reference handout, as well as this webpage to learn about VWP travel.

PASSPORT REQUIREMENTS: Specific passport requirements apply to all VWP travelers. See What do I need to know about VWP MRP and e-Passport requirements? for more information.

Which travelers may use the Visa Waiver Program to enter the United States?

Nationals of the 35 countries participating in the Visa Waiver Program may use VWP if:

• They have received an authorization to travel under the VWP through the Electronic System for Travel Authorization (ESTA)
• They present the appropriate type of passport valid for six months past their expected stay in the United States (unless country-specific agreements provide exemptions). This is a requirement in addition to other passport requirements for all categories of passports — regular, diplomatic, and official – when the traveler is seeking to enter the United States for business or tourist purposes, for a maximum of 90 days;
• traveling on a valid, full validity, machine readable or e-passport with an electronic chip. The date on which your passport was issued is an important factor in determining whether your passport will be acceptable for visa-free travel. The failure to determine that your passport qualifies for the VWP may result in you being denied boarding by the airline.;• For business, pleasure or transit only;

• Staying in the United States for 90 days or less;,

• Holding a return or onward ticket. If traveling on an electronic ticket, a copy of the itinerary must be carried for presentation to U.S. immigration at the port of entry. Note: Travelers with onward tickets terminating in Mexico, Canada, Bermuda or the Caribbean Islands must be legal permanent residents of these areas;

• Entering the United States aboard an air or sea carrier that has agreed to participate in the program. This includes aircraft of a U.S. corporation that has entered into an agreement with the Department of Homeland Security to carry passengers under the Visa Waiver Program. Note: Other private or official aircraft or vessels do not meet this requirement; and

• In possession of a completed form I-94W, obtainable from airline and shipping companies;

Or, if entering the United States by land from Canada or Mexico,

• Is in possession of a completed form I-94W, issued by the immigration authorities at the port of entry, and a $6.00 fee, payable only in U.S. dollars.

Important: Some travelers may not be eligible to enter the United States visa free under the VWP. These include people who have been arrested, even if the arrest did not result in a criminal conviction, those with criminal records, (the Rehabilitation of Offenders Act does not apply to U.S. visa law), certain serious communicable illnesses, those who have been refused admission into, or have been deported from, the United States, or have previously overstayed on the VWP. Such travelers must apply for special restricted visas. If they attempt to travel without a visa, they may be refused entry into the United States.

Important reminder Visa-free travel does not include those who plan to study, work or remain more than 90 days. Such travelers need visas. If an immigration official has reason to believe that a visa-free traveler is going to study, work or stay longer than 90 days, the officer will refuse to admit the traveler.

When does a national of a VWP country need to apply for a visa instead of using the VWP?

Nationals of VWP countries must meet the conditions noted in the section above in order to seek admission to the United States under the Visa Waiver Program. Travelers who do not meet these conditions must apply for a visa. In particular, a visa must be requested if the traveler:

• Wants to remain in the United States for longer than 90 days, or envisions that they may wish to change their status (from tourism to student, etc.) once in the United States;
• Wants to work or study in the United States, wants to travel as a working foreign media representative, wants to come to the United States for other purposes not allowed on a visitor visa, or intends to immigrate to the United States;
• Is a national of the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, the Republic of Korea, or the Slovak Republic AND DOES NOT HAVE an electronic passport with an integrated chip;
• Is a national of one of the VWP countries not listed above AND DOES NOT have a machine-readable passport (MRP)(depending on the date the MRP was issued, renewed, or extended, it may also need to contain a digital photograph or an integrated electronic chip);
• Intends to travel by private aircraft or other non-VWP approved air or sea carriers to the United States. Click here to see the approved carriers list;
• Has a criminal record or other condition making them ineligible for a visa (see Classes of Aliens Ineligible for Visas).
• Has been refused admission to the United States before, or did not comply with the conditions of previous VWP admissions (90 days or less stay for tourism or business, etc.).

I was denied a visa on a recent visa application, may I use the VWP?

A recent visa denial for any reason could result in denial of an authorization via ESTA, additional questioning at the port of entry, or denial of admission to the United States.  Applicants who are uncertain of whether they qualify for VWP travel may choose to apply for a visa.

What do I need to know about VWP machine-readable passport (MRP) and e-Passport requirements?

All VWP travelers, regardless of age or type of passport used, must present a machine-readable passport. In addition, depending on when VWP travelers’ passports were issued, other passport requirements apply:

• Nationals of the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, the Republic of Korea, and the Slovak Republic require passports with an integrated chip containing the information from the data page (e-Passport).
• Nationals of other VWP countries:
  - Machine-readable passports issued or renewed/extended on or after 10/26/06: passports must have integrated chips with information from the data page (e-Passport).
  - Machine-readable passports issued or renewed/extended between 10/26/05 and 10/25/06: passports must have digital photographs printed on the data page or integrated chips with information from the data page.
  - Machine-readable passports issued or renewed/extended before 10/26/05: no further requirements.

Notice: Effective July 1, 2009 all Visa Waiver Program (VWP) emergency or temporary passports must be electronic passports (e-Passports) to be eligible for travel to the United States without a visa under the VWP. This includes VWP applicants who present emergency or temporary passports to transit the United States. U.S. Customs and Border Protection may exercise discretion at the ports of entry for cases in which VWP applicants are traveling for medical or other emergency reasons. A VWP national arriving in the United States with a non-compliant passport, for other than emergency travel reasons, may be detained for further processing and/or denied admission”. Review the CBP Website notice.

Please refer to the Visa Waiver Program Passport Requirements on the United States CBP website for additional details on passport requirements.

Passports, regardless of the type, must be valid for six months past the expected stay in the United States (unless country-specific agreements provide exemptions). This is a requirement for all categories of passports – regular, diplomatic, and official – when the traveler is seeking to enter the United States for business or tourist purposes, for a maximum of 90 days.

If you are a traveler from a VWP country and your passport does not meet these requirements, you may want to consider obtaining a new VWP-compliant passport from the passport issuing authority in your country of citizenship. Otherwise you cannot travel under VWP and you must obtain a visa in your valid passport for entry into the United States.

What is a machine-readable passport?

A machine-readable passport has certain biographical data entered on the data page in accordance with standards set by the International Civil Aviation Organization (ICAO), Doc 9303, Part 1 Machine-Readable Passports. These standards address issues such as the size of the passport and photograph, arrangement of data fields, and the two lines of printed machine-readable data that appear at the bottom of the page. Machine-readable passports can be read by scanning the two lines of printed data through special readers. Below is an example of how the biographical data page in a machine-readable passport might look:

Travelers should contact their country’s passport issuing agency or authority if they have any doubts related to whether their passport is machine-readable.

What is an e-Passport (or biometric passport)?

An e-Passport incorporates data related to an individual’s identity; current ICAO guidelines call for e-Passports to include facial recognition data. The contours of individuals’ faces are digitally mapped and stored on the chip so that a comparison of facial data for the bearer of the passport and the facial data of the person to whom the passport was issued can be made. You can readily identify an e-Passport, because it has a unique international symbol on the cover.

What should I know about machine-readable passports and family travel?

Families seeking to enter the United States under the VWP need to obtain an individual machine-readable passport for each traveler, including infants. A machine-readable passport typically has biographic data for only one traveler in the machine-readable zone. Because of the October 26, 2004 requirement that passport data be presented in machine-readable format, children included in family or parents’ passports may be denied visa-free entry into the United States since only the primary traveler’s biographic data is included in the machine-readable zone of the passport.

Is there a fee to use the Visa Waiver Program (VWP)?

There is a small land border fee for VWP travelers arriving at land ports of entry.

How can I get additional information?

Additional information on the Visa Waiver Program is available from the Department of Homeland Security Customs and Border Protection website.

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What to expect at port of entry

Ms Immigration advices,

Welcome the United States. You probably have been working on obtaining your Visa for a while; you finally are ready to fly to the US for the first time. On the video below I am sharing with you my experience at the International airport of Miami. FL. I will include step by step what to expect when arriving at the airport, going through customs, getting your luggage and finally getting through agricultural stepping out of the Airport into the US!!

Place video

What is the Inspection Process?

All persons arriving at a port-of-entry to the United States are subject to inspection by U.S. Customs and Border Protection (CBP) Officers. CBP Officers will conduct the Immigration, Customs and Agriculture components of the Inspections process. If a traveler has health concerns, he/she will be referred to a Public Health Officer for a separate screening.

What Does the Law Say?

The legal foundation that requires the inspection of all persons arriving in the United States comes from the Immigration and Nationality Act .Rules published in the Federal Register explain the inspection requirements and process. These rules are incorporated into the Code of Federal Regulations.

What Can I Expect to Happen at a Port of Entry?

Airport
When arriving at an airport, the airline will give all non-United States citizens a form to complete while still en route to the United States, either Form I-94 (white), Arrival/Departure Record, or Form I-94W (green), Nonimmigrant Visa Waiver Arrival/Departure Form and Customs Declaration form 6059B. The forms ask for basic identification information and the address where you will stay in the United States. Note that completion of the paper Form I-94W remains a requirement at the port of entry for Visa Waiver Travelers even if a travel authorization has been obtained via the Electronic System for Travel Authorization.

Upon arrival, the airline personnel will show you to the inspection area. You will queue up in an inspection line and then speak with a CBP (Custom and Border Protection)  officer. If you are a U.S. citizen, special lines may be available to you. If you are not a U.S. citizen, you should use the lanes marked for non-citizens. If you are a U.S. citizen, the officer will ask you for your passport and Customs Declaration form, verify your citizenship, and welcome you back to the United States. You may be asked to proceed to a second screening point with your belongings for additional questioning by CBP Officers. If you are a U.S. citizen, the officer will ask you for your passport, verify your citizenship, and then welcome you back to the United States. You will then proceed to the Customs inspection area.

If you are an alien, the CBP Officer must determine why you are coming to the United States, what documents you may require, if you have those documents, and how long you should be allowed to initially stay in the United States. These determinations usually take less than one minute to make. If you are allowed to proceed, the officer will stamp your passport and customs declaration form and issue a completed Form I-94 to you. A completed form I-94 will show what immigration classification you were given and how long you are allowed to stay.

Also, If you are an alien, CBP Officers may decide that you should not be permitted to enter the United States. There are many reasons why this might happen. You will either be placed in detention, or temporarily held until return flight arrangements can be made. If you have a visa, it may be cancelled. In certain instances, Officer(s) may not be able to decide if you should be allowed into the United States. In this case, your inspection may be deferred (postponed), and you will be instructed to go to another office located near your intended destination in the United States for further processing.

Land
At a land border port-of-entry you will undergo the same general process. One officer will conduct the primary inspection on the vehicle lane. That officer may send you for further review or issuance of needed papers to a secondary inspection area. Once a determination is made to allow you into the United States, you may be sent for further Customs inspection or immediately allowed to proceed on your trip. Alien truck drivers may qualify for admission as B-1 visitors for business to pick up or deliver cargo traveling in the stream of international commerce. Please see How Do I Enter the United States as a Commercial Truck Driver for more information.

Sea
The inspection process at a sea port-of-entry is similar to the airport process if inspection facilities are available. Otherwise passengers will be instructed where to report for inspection on board the vessel

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