Monday, March 10, 2014

IMMIGRATION: Chilean Visa Waivers


As of May 1, 2014 Chilean citizens are no longer required to obtain a visa to visit the United States. But what does this mean in practical terms?


What do I need to come to the United States as a Chilean Citizen?
If you're not otherwise inadmissible to the United States a citizen of a visa waiver country would need a valid passport and ESTA clearance.   


1. VISA WAIVER
Q. What is the Visa Waiver Program (VWP)?
The Visa Waiver Program is a broad program which eases the travel restrictions on the citizens of certain countries wishing to visit the United States on a temporary basis.   Citizens of Visa Waiver Countries can travel with only their passports and ESTA approval and do not require a prior visitor's visa.

Q. What are the Visa Waiver Countries?
In addition to Chile (which becomes a Visa Waiver Country on May 1, 2014), the Visa Waiver Countries are:






  • Hungary
  • Iceland
  • Ireland
  • Italy
  • Japan
  • Latvia
  • Liechtenstein
  • Lithuania
  • Luxembourg
  • Malta
  • Monaco
  • Netherlands
  • New Zealand



  • Norway
  • Portugal
  • San Marino
  • Singapore
  • Slovakia
  • Slovenia
  • South Korea
  • Spain
  • Sweden
  • Switzerland
  • Taiwan
  • United Kingdom

  •      * (England, Northern Ireland,
            Scotland and Wales
    )

    Q. How long can I stay?
    A maximum of ninety (90) days is the longest an individual visit can last.  No extension are permitted.



    2. ESTA

    Q. What is ESTA?
    ESTA, or the Electronic System for Travel Authorization is a pre-clearance / screening system whereby travelers looking to come to the United States can be pre-approved to enter.  It is, in essence, simply an additional layer of security that must be passed and is NOT A VISA itself.

    Q. How do I apply for ESTA?
    ESTA applications are completed online at the Customs & Border Protection (CBP) website.

    Q. When should I apply for ESTA?
    ESTA applications should be submitted NO LESS than 72 HOURS BEFORE travel is planned.

    Q. If I hav ESTA approval, am I guaranteed entry?
    No.  ESTA is not a visa, and, even with a visa you would not be 'guaranteed' entry.  Final determination on any visitor's entry into the United States is always left to the discretion of the interviewing Officer at the point of entry (airport, land-crossing, sea-port).  As such, even with an approved ESTA is it possible to be turned around and refused entry if the Customs and Border Protection (CBP) Officer feels that you are somehow ineligible or may not honor the terms of your stay.

    Q. Do I have to apply for ESTA each time I travel?
    No. ESTA authorization is valid for two (2) years from the date of clearance.  This means that, within that two (2) year period, you're able to travel to the United States on multiple trips without requiring a new ESTA approval.

    NOTE: This does NOT mean that you can remain in the United States for two (2) years.  Each individual stay is typically capped at a maximum of ninety (90) days.



    3. INADMISSIBILITY

    Q. Can I apply for ESTA if I have been previously refused entry under the Visa Waiver Program?
    No.  If you have been previously refused entry under the Visa Waiver Program you are ineligible to apply for ESTA and, as such, seek entry under the Visa Waiver Program again. You must therefore apply for a visa for entry.

    Q. Can I visit the United States under the Visa Waiver Program if I have been previously removed, deported, or have overstayed a visa in the United States?
    No. If you have been removed, deported or have overstayed a visa you cannot utilize the Visa Waiver program and would require an entry visa to enter (if you are so eligible).  Keep in mind that, in many such cases, a Re-entry Ban may be in place which would render one ineligible for a visa, let alone entry under the Visa Waiver Program.

    Q. I have a criminal conviction, can I enter the United States under the Visa Waiver Program.
    Generally No.  You would be deemed "criminally inadmissible" to enter the United States and could only enter with an approved Inadmissibility Waiver and accompanying Visa.

    Q. I am presently in the United States on an expired visa.  Does this change help me in any way?
    Unfortunately, No.  Unless and until the U.S. Congress passes comprehensive immigration reform which provides for an avenue for undocumented (often inaccurately termed, "illegal") immigrants to normalize their status those who are presently in the United States on an expired visa are deportable and subject to re-entry bans.



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