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Visa Waiver Program

Visa Waiver Program

Many people come into the United States come using the Visa Waiver Program. In order to take advantage of this program, participants must be nationals or citizens of certain countries1 and limit their stay in the United States to 90 days or less. Beginning September 8, 2010, in addition to registering with ESTA, Visa Waiver Program users must also pay a $14.00 fee.

If you enter on the Visa Waiver Program, you cannot extend your stay over 90 days and generally you cannot change your status. An exception may exist if you have an immediate relative petition filed for you during your time in the US. The law is changing in this area and can differ depending on where you are in the United States. This also could be viewed as fraudulent if you know that you are going to be entering the US to seek your green card.

One of the promises that one coming into the US on the Visa Waiver Program makes is that you intend only to stay in the US a short time. If you file an adjustment of status, you may be showing that you may have misrepresented your intent to come for only a short time. It is best to contact an immigration attorney if you are in the United States and are considering applying for your green card here.

1List of Participating Countries:
Andorra Hungary New Zealand
Australia Iceland Norway
Austria Ireland Portugal
Belgium Italy San Marino
Brunei Japan Singapore
Czech Republic Latvia Slovakia
Denmark Liechtenstein Slovenia
Estonia Lithuania South Korea
Finland Luxembourg Spain
France Malta Sweden
Germany Monaco Switzerland
Greece the Netherlands United Kingdom