US Visa rules and regulations

USA Visa rules and border regulations:
Latest advice on entering the USA for a holiday or business.

This is normally a painless procedure but Please note – if you have a criminal record you need to apply for a US visa, before you book your travel or holiday to the USA.

The US does not consider past convictions spent, but do have a read below for more advice. If you require more in depth information on this topic see, US Embassy – US VISA Regulations.

The US Visa Waiver Program (VWP) UK Citizens.:
The Visa Waiver Program (VWP) enables citizens of certain countries to travel to the United States for tourism or business for 90 days or less without obtaining a visa.

Passengers travelling to the U.S. under the VWP must have a valid ticket for a confirmed return or onward flight from the U.S. within 90 days or arrival in the U.S.

An onward flight to Canada, Mexico, Bermuda and/or the Caribbean is insufficient to satisfy this requirement, unless the passenger is a lawful resident of one of those countries.

Passengers travelling to the U.S. under the VWP must turn in a completed and signed form I-94W to the immigration officer. These forms are available at check-in counters and are distributed onboard as well.

ALL passengers travelling to the United Stated under the Visa Waiver Program (VWP) must carry with them an unexpired passport that is valid for at least six months beyond intended stay in the U.S. and is Machine Readable (MRP).

If the passport was issued on or after October 26, 2005 , the passport must contain a digital photograph. A digital photo is one that is printed on the passport page, not a photograph that is glued or laminated into the passport.

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Who will need a visa?

Students, journalists and anyone planning to work in the US.

Who will NOT need a visa?

Those who hold a machine-readable passport * issued on or before 25th October, 2004. Holders of biometric passports, which are likely to become available at some point in 2005. Please see also new US border regulations

The latest new US border regulations will mean that from January the 12th 2009 anyone travelling to America on holidays or business, must apply for an Esta and give at least a 3 day advance warning to enter the USA

*Machine-readable passports began replacing the hard-backed blue passports 10 years ago. They are soft-backed and maroon-coloured, with a barcode on the inside back cover. You will require this type of passport to enter the US from 26th October.

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).

However, remember it is actually the US immigration service who decide who can enter the USA not the US Embassy. The US immigration service require you to make the following declaration (filled out on a green visa waiver form on the plane)

“B Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance; or been arrested or convicted for two or more offences for which the aggregate sentence to confinement was five years or more; or been a controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities ? [YES] [NO]“

However and this is important, if you declare no on the above form and they find out you will be deported, so the risk is yours..

Note: If you have Certain serious communicable illnesses, plus those who have been refused admission into, or have been deported from, the United States, or have previously overstayed on the visa waiver program.

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.