Immigration Law WeeklyOctober 23, 1995
What is the Visa Waiver Pilot Program and does it help me?
Canadian citizens and a Canadian landed immigrants having a common nationality with Canadians (i.e. British Commonwealth citizens) do not need a visa or even a passport to enter the United States. Therefore, the Visa Waiver Pilot Program ("VWPP") provides no additional benefits to such individuals. However, Canadian landed immigrants who do not have a common nationality with Canadians must obtain a visa from a U.S. Consulate (unless they are in possession of a border crossing card for B visitor purposes only).
Lamar Smith's immigration reform bill (H.R. 2202) proposes to extend visa and passport exemptions to all landed immigrants of Canada regardless of citizenship. However, until this amendment is passed landed immigrants of Canada not having common nationality with Canadians may benefit from the VWPP. For more information, refer to the update on immigration reform elsewhere at this site.
The VWPP exempts citizens of certain countries from visa (but not passport) requirements if they are entering the United States as visitors only. The program benefits will apply even if they are now permanent residents of Canada. The list of countries eligible to participate in the VWPP are listed in my discussion of the INSPASS elsewhere at this site. It should be mentioned that only British citizens who have an unrestricted right of abode in the United Kingdom are eligible. For example, Hong Kong residents would not be eligible under the VWPP. However, if they were Canadian landed immigrants they would still be exempt from visa and passport requirements as Canadian residents having a common nationality with Canada.
The alien must not only be a citizen of one of the listed countries but must also be travelling on a passport issued in that country. An alien arriving in the U.S. at a sea or air port of entry must be travelling with a carrier participating in the program. The alien must be travelling on a round trip ticket good for at least one year that was issued by the participating carrier. The ticket must not be for travel terminating in Canada or Mexico unless the alien is normally resident there. An alien entering the United States by land from Canada or Mexico only has to show sufficient funds to pay for the trip and return home and the existence of an unabandoned foreign residence. Admission is limited to a maximum stay of ninety days and he alien cannot extend his or her stay or change status to another non-immigrant category.
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