Effective January 12th US Immigration Has More Regulations for Visitors from Visa Waiver Countries

    DALLAS, TX, January 10, 2009 /24-7PressRelease/ -- Visiting the United States is not easy for everybody and one almost needs a manual to keep up with all the changes. ESTA [Electronic System for Travel Authorization] adds a new paragraph to the regulations for nationals of Visa Waiver countries. Effective Monday, January 12th, citizens and nationals from all Visa Waiver eligible countries must have approval through the ESTA system before traveling to the United States on a Visa Waiver. More information on the ESTA can be found at www.cbp.gov/esta.

The Visa Waiver program allows persons from certain countries to travel here for purposes of business or tourism for a period of 90 days or less without a visa. Last year, 7 new countries were added to the list: the Czech Republic, Estonia, Hungary, the Republic of Korea, Latvia, Lithuania, Slovakia, and recently Malta. The other eligible countries are: Andorra, Australia, Austria, 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, and the United Kingdom.

As of November 17th 2008, eligible persons could travel under the Visa Waiver program if they had an e-passport and an approved authorization from ESTA, a web-based system used to determine preliminary eligibility to travel here. E-passport refers to a machine-readable passport issued, renewed, or extended on or after October 26th of 2006 that must have an integrated chip bearing information from the data page.

People who have previous arrests, even ones that did not lead to conviction, may not be eligible for Visa Waiver travel and can find themselves arrested and detained when they arrive in the United States. In that case, they would be wise to speak to an immigration lawyer before traveling and wasting the cost of a ticket, not to mention the humiliation of arrest and other consequences. More information on waivers can be found at www.WaiverStrategy.com. When a person has a criminal past, he or she requires a case called a 'Waiver' case to 'forgive' the indiscretion. Some crimes can be waived and others cannot. Very few immigration lawyers deal with waivers as it is a very complex area and it is best to research the immigration lawyer carefully as a whole future can depend on the outcome of a waiver.

In a decision that was issued on January 7th, the Attorney General has declared that immigrant, asylum seekers, and other people in removal or deportation proceedings have no right under the Constitution or statute to be represented by a lawyer before they can be ordered deported. Until now, federal courts as well as the BIA (Board of Immigration Appeals) have operated under the assumption that they do have this right. As a result of this declaration, more than ever, immigrants and potential immigrants who have criminal records of any kind should consult an immigration lawyer as soon as possible to discuss the option of a waiver, or face possible arrest and deportation without the protection a waiver offers, states Immigration Waiver attorney Stefano Riznyk.

Persons with any issues in their immigration past are best served by consulting an immigration lawyer or applying for a visa rather than traveling with the Visa Waiver. A B-1 visa is for persons visiting for business reasons, and a B-2 is for persons visiting for pleasure. A B-1 does not allow regular employment, however. If someone is seeking regular employment, then a visa such as the H-1, H2 , O, P, or R visa is required. If someone is investing, an E-2 or L-1 visa is required and more information can be found at www.ImmigrationInvestorVisa.com as well as http://www.us-immigration-explained.com/immigration-law/blog/.

In obtaining a Visa Waiver, apart from the passport and ESTA requirements, there are a number of other requirements that travelers must meet. A very important one that is often missed is the fact that there is no extension of stay available for any reason. Immigration law firms are deluged by calls from people who discover this at the last moment, as they are about to make plans for an extended visit or investment in the United States. Another rule to be aware of is that there is no "Change of Status". This term of art in immigration refers to the situation where a person changes from one type of visa to another. For example, someone may visit on a B-1 Visitor for Business visa and then seek to change over to an E-2 Treaty Investor visa. This is referred to as a Change of Status and can take place while the person is in the United States, assuming he or she has not overstayed. The third important rule is that one cannot enter the U.S. with the intent of remaining permanently [also known as a section 214(b) issue].

If someone intends to visit the United States for more than three months, he or she should consider the B-2 visa for pleasure or B-1 visa for business. There are many uses for both of these and an immigration lawyer can help identify the correct one for a particular need. Both of the B visas can be extended while inside the United States and both allow for Change of Status to another category. However, a trap many people fall into is that they enter as a Visitor for Pleasure, B-2, and then seek to explore business opportunities. This may prevent a Change of Status to a business visa because the intent could be seen to be fraudulent. More information about the United States for visitors and residents alike can be found at www.USAexplained.com. The site covers everything from getting a mortgage to understanding Social Security. Information about all of the visas and Green Cards available is located at www.US-Immigration-Explained.com.

Visiting the United States is not easy for everybody and one almost needs a manual to keep up with all the changes. ESTA [Electronic System for Travel Authorization] adds a new paragraph to the regulations for nationals of Visa Waiver countries. Effective Monday, January 12th, citizens and nationals from all Visa Waiver eligible countries must have approval through the ESTA system before traveling to the United States on a Visa Waiver.

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