Non-US Citizens Traveling to the US This Summer?
Remember Where You Have Been!
As summer travel time approaches, this is just a reminder for those traveling to the United States with non-US citizen family/friends.
As of April 1, 2016, in order to enter the United States and its Territories, it is required that the non-US citizen traveler have a biometric passport that has at least six (6) months of validity.
Also, something that is especially important for members who live in FAWCO Region 9 (Middle East), but also for those who have recently traveled to certain countries in the Middle East: note that even if your non-citizen family member/friend is from a country that is approved for the Visa Waiver/ESTA program, if s/he has traveled to or been present in Iran, Iraq, Sudan or Syria on or after March 1, 2011 or is a national of one of these four countries, s/he IS NO LONGER ELIGIBLE for the Visa Waiver Program.
These individuals can apply for a B-2 Visitor visa, but should be prepared to provide proof that there was a legitimate reason to travel to this/these areas. This is looked at on an individual basis. For example, an Italian family of four wants to visit the United States. The mother and two children qualify for the Visa Waiver program because they have never been to Iraq. The father/husband who has a contract to work in Iraq for the past two years will have to apply for the visitor visa. We suggest bringing copies of a work contract to bolster the legitimacy of being in Iraq.
The Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015 provides for these individuals to still be able to apply for a visa using the regular appointment process at a U.S. Embassy or Consulate. For those who require a U.S. visa for urgent business, medical, or humanitarian reasons to travel to the United States, U.S. Embassies and Consulates stand ready to handle applications on an expedited basis.
If an individual who is exempt from the Act because of his or her diplomatic or military presence in one of the four countries has his or her ESTA denied, he/she may go to the CBP website, or contact the CBP information Center. The traveler may also apply for a non-immigrant visa at a U.S. Embassy or Consulate.
In a related topic, the European Union, unhappy that the United States does not automatically allow its new member states to be placed on the list of Visa Waiver-approved countries (Poland is a good example), is discussing if it will continue to allow US citizens to enter the EU without visas. There has been no formal action on this as yet.