Travelling To The USA As A Tourist

The United States is a popular destination choice for holidaymakers around the world. However a lot of people are not aware of how immigration laws works, and how it applies to them. In this article, I will address the Visa Waiver Program (VWP), specifically the WT tourist section.

You do not need a visa to travel to the United States for the purpose of tourism if you hold a passport from a country that has been enrolled onto the Visa Waiver Program. That list includes the United Kingdom, and some other European countries. The full list is available online. Under the VWP, you may stay for up to 90 days. Overstaying may result in difficulty entering the US in the future.

In order to qualify as a VW tourist, you must be in possession of a return ticket to your country of origin and a machine-readable passport. Upon arrival to the US, you will be required to fill out a green form, I-94W (pictured above), which is specifically for VW tourists and businesspeople. On the plane you may see a white I-94. That is for people who are attempting to enter with a visa. Upon landing you must also have filled out a customs declaration form (pictured below).

At the airport you will join a queue to be interviewed by an Immigration Officer. You will not have to sit down, however the Officer will most likely be sitting behind a special desk. You must have your passport and completed green I-94W and customs declaration forms ready to give to the Officer. Be aware that you may be asked to present further documents, such as your return ticket and / or your wallet. You will also be questioned about the purpose of your trip.

As an alien seeking to enter under the VWP, you must prove to the Officer at the time of interview that you have a compelling enough reason to return home after your stay has concluded. Different people are judged under different criteria. A 20 year-old student on a gap year will have different circumstances to that of a 40 year-old tourist. But in both cases, they must demonstrate “Strong Ties” to their home countries. These ties include, but are not limited to, immediate family, investments, bank accounts, property such as a car, a job, a house, etc. If you have such ties, it’s wise to bring with you verifiable documentation to prove them, like wage slips for a job, certificates for investments, legally binding contracts, etc. Failure to prove strong ties makes you inadmissible under Section 214(b) of the Immigration and Nationality Act.

You will not always be asked to present such information. Most people are allowed to pass through immigration with only a few questions and maybe a quick glance at the amount of money the visitor is carrying, if even that. However if you are entering the US in a suspicious travel pattern such as coming every few months, or spending too much time in the US per trip, you may be placed under a higher level of scrutiny.

If the Immigration Officer does not feel happy about your case, or if takes too long to process, you may be escorted to secondary inspection. Even though that sounds scary, it does not mean you will be sent back home for certain. And chances are, if you are just coming to the US for a vacation, you won’t even be asked to show your wallet. However if you are coming often without a satisfactory explanation, or you have made a comment to the Officer that makes you inadmissible, you will almost certainly be sent through to secondary inspection. If you fail that interview, you may be detained and sent back home. However, don’t panic upon reading this! If you can explain your situation, and provide proof to corroborate the information you have given, there is a good chance of being admitted even with a chequered entry history. However, if you have lied and are caught red handed so to speak, you may be, at best, sent back with a warning and a note on your passport, or at worst, barred from coming to the US again for a number of years.

The green I-94W is very important, as it serves as your entry and departure record. Part of the form will be stamped, torn off and stapled to a page on your passport. You must retain this at all costs, as losing it may result in failure to record your departure, and subsequent barring from re-entering the US until a departure can be proven. Once your trip is over, you must surrender the green slip in your passport to the airline or any official who is collecting them before boarding your flight back home. The forms are usually given on the flight to the US. However, you may not be given all the required forms. You must have both an I-94W and a customs declaration regardless of what the airline says or gives.

During the interview you should aim to assist the Immigration Officer in their duty. Be polite, speak only when spoken to, and answer questions directly and unambiguously. If the officer sees you nervous or acting erratically, he or she may become suspicious and place you under more questioning than he or she might otherwise have. Bear in mind that your word carries a huge amount of weight. When you are being interviewed, you only have one shot. If you say anything wrong, you cannot take it back and try again. For example, if you state the purpose of your visit as being to meet your girlfriend, and then change that to a sightseeing trip, you will be questioned along the lines of the former, and you may be placed under further suspicion for changing your story to the latter.

Once you have gained entry, remember to keep your documents and passport safe. Avoid getting into trouble whist in the US, and always follow any orders given by an official. If you are stopped and questioned by an official anywhere in the US, state clearly that you are a visitor, and if possible, produce your passport. The stamped green I-94W is your permit to be in the US for 90 days commencing from the stamped date.

Have a safe trip,
Alex

Understanding US Immigration

Many people around the world want to live, work and study in the United States of America. Before undertaking any such commitments, you should be aware of the correct procedures, laws and rules you will be subject to, as well as important tips to succeed. Knowledge is power. I aim to help you achieve your goal of learning more about US Immigration procedures.

It’s important to understand that at no point do I recommend breaking any laws. Success comes from planning, understanding and most importantly of all, honesty. You will pay a heavy price if you are caught lying to a US Immigration Official. By no means should you be intimidated by this, but instead use this fact to set yourself apart from others who may not be well versed in the art of negotiating US Immigration law & policy.

When reading the information I provide, bear in mind I am not an immigration attorney and I have no formal training in law or US Immigration. I am, however, knowledgeable and well travelled around the world, as well as the United States. I have spent a vast amount of time studying official policy and legislation, and tying it with my personal experiences.

Finally, I hope you find the advice here useful, and I hope it provides answers for your questions with respect to travelling and residing in the United States.

Take care,
Alex.