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How Can I Visit the U.S. as a Tourist?

The U.S. government has a policy of encouraging international travel and easy, free movement of people of all nationalities to the United States. This is both for the cultural and social value to the world and for economic purposes. So, if you want to travel to the U.S. as a tourist or to make social visits to relative or friends, the U.S. government wants you to come. Nevertheless, it could deny you entry if it suspects you’re really coming for some other reason or are otherwise inadmissible to the United States.

There are several different ways to enter the United States as a tourist. The way you’ll use depends in part on what country you’re from.

The Visa Waiver Program

If you’re a national of one of a list of countries that the U.S. government really trusts, you may be able to visit the United States for 90 days or less without a visa.

Under the Visa Waiver Program (VWP), you just need to pay a small fee to get yourself approved through the Electronic System for Travel Authorization (ESTA) before you travel.

Even if you’re eligible, you don’t have to travel to the United States under the VWP. You can apply for a visitor visa instead, most likely because you want to avoid some of the restrictions that come with travel under the VWP.

For example, visitors with tourist visas are most often allowed to stay in the U.S. for six months, rather than the 90 days allowed under the VWP. Also, you can’t change or extend your immigration status from within the United States if you enter under the VWP.

The ESTA website has a list of all countries whose nationals are eligible for tourist travel under the VWP.

Canadian Visitors

Canadian citizens do not need a visa to visit the United States. This is different from a “visa waiver”—for Canadians, there is no visa requirement in the first place.

Canadians are ordinarily allowed to stay for six months as visitors in the United States. To enter the U.S., Canadians typically show either their passport or a NEXUS card. There is no need to register through ESTA.

Visiting Citizens and Residents of Certain Caribbean Islands

Citizens of the British Overseas Territory of Bermuda, like Canadians, are exempt from the visitor visa requirement. They just need to show their passport to enter the United States.

Bahamian nationals and British subjects resident in the Bahamas do not require a tourist visa, unless the examining U.S. immigration officer at Freeport or Nassau determines that the individual is not entitled to admission. A passport is required.

British subjects resident in the Cayman Islands or in the Turks and Caicos Islands do not require a tourist visa, so long as they are arriving directly from the Cayman Islands or the Turks and Caicos Islands and present a passport and a current certificate from the Clerk of Court of the Cayman Islands or the Turks and Caicos Islands indicating no criminal record.

A national and resident of the British Virgin Islands can visit the U.S. Virgin Islands with just a passport. No tourist visa is required to visit the rest of the United States if the person is proceeding by aircraft directly from St. Thomas, U.S. Virgin Islands and presents a current certificate issued by the Royal Virgin Islands Police Force indicating that he or she has no criminal record.

Visiting Natives and Residents of the Trust Territory of the Pacific Islands

Natives and residents of the Trust Territory of the Pacific Islands don’t require a visitor visa if they are proceeding in direct and continuous transit from the Trust Territory to the United States.

Visitors From Mexico

Mexican tourists must apply for a visa to visit the United States. The visa frequently is granted as part of a “border crossing card” (BCC).

Citizens and residents of Mexico can visit certain areas of the United States close to the southern border for a short period of time just by showing their BCC. If they bring their passport along with their BCC, they can visit anywhere in the United States, usually for up to six months.

Visiting Nationals From Other Countries: The B-2 Tourist Visa

If you’re not eligible for visa-free travel to the United States as a tourist, you’ll have to apply for a “B-2” tourist visa. A visa will allow you to come to the U.S. border and apply for admission.

In most cases, the U.S. Customs and Border Protection officer at the border will allow you in if you show them the visa, but officers do have the power to deny entry if they think you’re not really going to be a tourist or are otherwise inadmissible.

You apply for a visitor visa by filling out an application form, called a “DS-160,” online at the Consular Electronic Application Center website. You’ll have to pay an application fee and schedule an interview appointment at the nearest U.S. embassy or consulate. Each embassy or consulate has its own requirements for fee payment and interviews, so check the embassy or consulate’s website for the procedures. The State Department’s website has a page that links to all embassies and consulates.

At your interview, the visa officer will review your application and ask you a few questions to determine whether you are really going to be a tourist and to see if there is some reason you should not be allowed into the United States. The interview is going to last only a few minutes, and there’s no guarantee that the officer will look at any documents you bring to try to help your case.

The officer’s main concern is going to be whether you have ties to your home country, such a job, a business, and family, that will cause you to come back after your visit to the United States. If you’re from a country where lots of people overstay their tourist visas, the officer will be especially suspicious of your intentions. There may be nothing you can do to convince the officer that you really will be a tourist, due to what some of your fellow citizens do with their visas.

If you are denied a tourist visa, you can reapply. If something about your situation in life changes, you may have a better chance to get the visa.

If you are successful in getting the visa, you may notice that it says “B-1/B-2.” B-1 is the category for business visitors, and B-2 is the category for tourists. You probably don’t need to do anything related to business on your trip to the United States, but the U.S. government is giving you free permission to do that if you need to. (This is not the same as permission to take a job, however.)

Your visa will contain an expiration date. You must travel to the United States by that date. When you arrive, the immigration officer will tell you how long you can stay in the United States—usually six months.

From Lawyers  By Richard Link, Attorney

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