US Immigration News
The following information
is supplied via the UK passports Office, Foreign Office, and US
Embassy websites, and provides information on entry regulations
for travelling to the US. We recommend that you take time to visit
these sites for any additional information which may be relevant
to your time of travel. The addresses for each of these sites
is included in the text below.
Visa
Waiver Programme
The US operates a Visa
Waiver Programme (VWP), available to most British Citizen passport
holders travelling on business, pleasure or transit from where
they normally reside and who intend to stay in the US for less
than 90 days. The VWP is not available to other categories of
British nationals and you should check the data/photograph page
of your passport to see whether you are described as a British
Citizen. If you are not, you should consult the information on
the Visa Waiver Programme on the US Embassy website www.usembassy.org.uk
for further information.
Some travellers may
not be eligible to enter the United States visa free under the
VWP. These include people who have been arrested, even if the
arrest did not result in a criminal conviction, those with criminal
records, (the Rehabilitation of Offenders Act does not apply to
U.S. visa law), those with certain serious communicable illnesses,
those who have been refused admission into, or have been deported
from, the United States, or have previously overstayed on the
VWP. Such travellers must apply for special restricted visas.
If they attempt to travel without a visa, they may be refused
entry into the United States.
From 26 October 2004,
all British passport holders, including children, travelling to
the USA under the VWP will need their own machine-readable passports
(MRP). From 26 October 2004, anyone without a MRP, including children
who are currently on a parent's passport, will need a visa to
travel to the USA. See paragraph below on UK passports to find
out if you hold a MRP.
The US Government has
agreed to extend to 26 October 2005 the date by which eligible
travellers from VWP countries must have biometrically-enabled
machine readable passports if they wish to enter the country without
a visa. In the first instance, biometric passports will contain
data about the holder's face, this could be followed by other
unique personal information such as fingerprints or iris details.
The UK is working on its programme to introduce biometric passports,
but it will not be fully ready in time for the new US deadline.
British Citizens who would normally travel under the VWP may therefore
require a visa, which will include biometric data, to enter the
US on or after 26 October 2005.
Travellers to the United
States who are HIV positive are not eligible, under current US
law, to travel visa free under the Visa Waiver Programme. They
are required to apply for a visa and a waiver of the ineligibility
before travelling. Applicants’ details will remain confidential
and an applicant’s HIV status will not be declared on their
passport.
For further details
on entry requirements for the USA, visit the US Embassy website www.usembassy.org.uk
or telephone 020 7499 9000
US
Visas
All applicants for
immigrant visas and most applicants for non-immigrant visas are
now required to have a personal interview at a US Embassy or Consulate
prior to issue. The waiting time for an interview can be at least
3 weeks.
To comply with US law,
which requires biometric identifiers to be collected from visa
applicants by 26 October 2004, the US Embassy in London started
finger-scanning applicants for immigrant visas on 17 May, extending
to non-immigrant visa applicants in August 2004. Each applicant
will be asked during the visa interview to place their index finger
on an electronic scanner.
If you are in the United
States and hold either a C, E, H, I, L, O or P visa, you will
now be obliged to leave the country if you wish to renew or change
your visa status. For further information, we recommend that you
visit the State Department website at: http://www.state.gov and/or
consult an attorney specialising in immigration law.
For further details
on entry requirements for the USA, visit the US Embassy website
line at www.usembassy.org.uk or telephone 020 7499 9000.
On Arrival / Departure
In 2002, the US authorities
introduced the National Security Entry-Exit Registration System.
This requires nationals or citizens of certain countries identified
as presenting an elevated national security concern - including
those who also have British passports - to register on arrival
and departure from the US, and in some cases, to register again
with US authorities in-country. Those required to register may
be asked to provide fingerprints, have their photographs taken
and be interviewed. US authorities are allowed to impose the registration
requirement on whomever they wish. This could include British
passport holders, whether or not they have links to the countries
identified, or to other countries that the US may have identified
as having links to terrorism. Visitors who have registered in
this way can only leave the US through ports with registration
facilities. N.B: some frequently used airports do not have such
facilities.
For full details about
the National Security Entry-Exit Registration System and the in-country
registration requirement - including a list of designated departure
ports - you should consult the nearest US Embassy, or visit website:
http://www.ice.gov (go to Enforcement - immigration) BEFORE travel.
On 5 January 2004 the
US Authorities introduced the US-VISIT Programme. This means that
all those aged between 14 and 79 travelling to the US with visas
will be finger-scanned and digitally photographed on arrival at
passport control. With effect from 30 September 2004, US-VISIT
will be extended to all travellers, including those travelling
under the Visa Waiver Programme (see above). Special arrangements
are in place for travellers with disabilities.
All ports of entry
have this registration facility. The Department of Homeland Security
is piloting a scheme at various US air and sea ports to register
the departure of non-immigrant visa holders and, from 30 September
2004, people who are visiting the US under the Visa Waiver Programme.
Pilot exit procedures are in place at airports in Baltimore (BWI)
and Chicago (O'Hare) and at the Miami sea port, but in the coming
months the scheme will be extended to include the following US
points of departure: Newark, Atlanta, Dallas/Fort Worth, Philadelphia,
Detroit, Las Vegas, Phoenix, San Francisco, Denver, San Juan,
Seattle, and Los Angeles (Long Beach and San Pedro). We anticipate
that checkout procedures will take longer in ports where the pilot
scheme is operating and we recommend that you consult your airline
or travel agent who can advise on the optimum time to start checking
in.
If you leave through
a port with the registration facility, we strongly recommend that
you comply with the new procedures and ensure that you have registered
your exit correctly. You will not be penalised if you leave through
an air or sea port that does not have the facility.
If you are a dual US-UK
national travelling between both countries, we advise for your
ease that you carry both passports with you. It will save you
considerable time by using your British passport with UK immigration
authorities and your US passport when you arrive in America.
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UK Passports
All
British Passports currently issued in the UK and at British Missions
overseas, are machine-readable. However, some older passports
issued by British Missions overseas are not. Before travelling
to the US and seeking entry under the VWP, you should check your
passport. A British Passport is machine readable when the foot
of the personal information page (at the back of the passport)
bears 2 lines of text as letters, numbers and "<"s.
If there are no lines of text, then the passport is not machine-readable.
Further information on UK passports is available from the UK Passport
Service website www.ukpa.gov.uk
IT
IS OUR RECOMMENDATION TO VIEW THIS SITE.
You
are advised to check the remaining validity of your passport as
soon as you know that you are travelling to the US. Although the
US and the UK have an agreement that allows people travelling
from one country to the other to enter with a passport that only
has six months validity or less, you should nevertheless try to
renew your passport beforehand.
Transit Without Visa (TWOV) and International to International
(ITI) transit programmes.
These
programmes were suspended on 2 August 2003. Those travellers who
are passing through the United States ‘in transit’ but
are not eligible for the Visa Waiver Programme must obtain a visa
prior to travel.
Criminal Records
US
Criminal Records are closely linked to databases held by US Immigration
Offices at Ports of Entry. If you have a previous conviction in
the US, if you have violated the terms of a probation agreement,
or if you think you may have a US arrest warrant against you,
we strongly advise that you consult the US Embassy in London before
you travel to see if you need to obtain a visa. Failure to do
so may result in detention and/or deportation. Exclusion periods
for aliens with previous convictions are as follows:3 years -
After being found inadmissible as an arriving alien. 10 years
- Being ordered removed/excluded. 20 years - After being found
inadmissible and having previously been excluded, deported or
removed (i.e. illegal re-entry). Life - Aggravated Felonies.
Lone Parents Travelling with Children
Single
parents or other adults travelling alone with children should
be aware that some countries require documentary evidence of parental
responsibility before allowing lone parents to enter the country
or, in some cases, before permitting the children to leave the
country. For further information on exactly what will be required
at immigration, please visit www.usembassy.org.uk
or www.fco.gov.uk
Health
Medical
treatment can be very expensive; there are no special arrangements
for British visitors. The British Embassy and Consulates-General
cannot assist with medical expenses.
Comprehensive
travel and medical insurance is essential; at least $1,000,000
cover, which includes hospital treatment and medical evacuation
to the UK, would be wise.
Although
the incidence of West Nile virus has reduced, it remains a threat
in some southern states during the winter. The virus is a mosquito-borne
disease that comes from infected bird-life. The chances of infection
are, however, very low. But you are advised to take precautions
to avoid being bitten by mosquitoes, such as staying indoors at
dawn and dusk; avoiding areas where there is standing water; wearing
long-sleeved shirts and trousers; and using insect repellent.
Further information can be found at website www.cdc.gov/travel
For
further information on health, visit the Department of Health’s
website at www.dh.gov.uk
NATURAL DISASTERS
Hurricanes
and tropical storms can strike the southern and eastern coastal
states of the US from Texas to Maine between June and November.
Air services can be disrupted during heavy storms and in worst
cases may not return to normal for several days. You are strongly
advised to follow advice from the local authorities on preparing
for a hurricane, and on evacuation and seeking shelter when one
is close. You can obtain information about the progress of hurricanes
and tropical storms by visiting the National Weather Service website
at www.nhc.noaa.gov and reading the public advisories posted there.
Forest
and bush fires are a danger in many dry areas in the US, particularly
on the west coast – please listen out for news bulletins
about fires in your areas and take all necessary precautions.
Dual Nationals
A recent
change to US law has important implications for dual nationals.
If you (or your children, e.g. those born in the US whether or
not they have ever held a US passport) are a dual US-UK national
travelling between both countries, you should carry both passports
with you. US law now requires dual US nationals to enter and depart
the USA carrying a valid US passport. They are not entitled to
US visas or to travel to the US on the Visa Waiver Programme.
US citizens who attempt to travel to the US from the United Kingdom
on foreign passports risk being denied boarding pending acquisition
of a valid US passport. Further US dual national information can
be obtained from the US State Department’s website www.travel.state.gov/travel/uk.html
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