John Valdez’s Legal Blog

President Bush has announced the expansion of the visa waiver program to include seven new countries:  The Czech Republic, Estonia, Hungary, Latvia, Lithuania, Slovakia, and South Korea.  Under the visa waiver program, citizens of member countries may travel to the United States for business or tourism without a visa.  The Visa Waiver is similar to the B-1 and B-2 categories for non-immigrants, but the travelers do not have to process a visa at a U.S. embassy.  The Bush administration expects that the new visa waiver countries will be able to send their citizens to the United States on visa waivers in approximately one month.

The visa waiver is a very convenient tool for travel, but it is somewhat restrictive.  A visa waiver traveler is not permitted to extend status, change to a non-immigrant status, or, generally, adjust status to that of a lawful permanent resident.  In addition, applicants for a visa waiver are required to sign a waiver of any right to contest an action for their removal, other than on the basis of asylum. 

 If you are planning to come to the United States on  a visa waiver, but are also considering applying for a work visa or permanent residence, I advise you to consult with us before travel, so that the appropriate immigration strategy will be used and no laws are accidentally violated.