If an individual would like to enter the U.S. as a visitor under the Visa Waiver Program. Is there anything that he/she should be aware of before deciding to take advantage of the program?

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Yes, one should consider a number of issues before entering the U.S. under the Visa Waiver Program (VWP). As you may know, the VWP allows travelers from certain countries to visit the U.S. for business or pleasure for a maximum of 90 days without a visa. While having the option to enter the U.S. without a visa greatly facilitates one’s ability to travel, a visitor entering the U.S. in WB (B-1) or WT (B-2) status should note that s/he is not eligible to change, extend, or adjust status in the U.S. In other words, s/he must first depart and reenter the country. The only exception is in the case of the adjustment of status of applicants who qualify as immediate relatives. A visitor entering the U.S. under the VWP must provide a machine-readable passport, evidence of a foreign residence to which s/he will return, and evidence of financial ties to the home country.

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T.R. Weaver has practiced law since 2003. She is licensed in Washington State, and admitted to practice law in the United States Federal Courts to assist with the representation of individuals with Immigration challenges. She has been an adjunct professor at various Community Colleges in their Criminal Justice and Paralegal Programs. Ms. Weaver is available for speaking engagements, workshops and seminars.

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