Greece Designated in Visa Waiver Program

Effective April 5, 2010, Greece will be eligible to participate in the Visa Waiver Program. This rule updates the list of countries authorized to participate in the program, which currently includes Andorra, Australia, Austria, Belgium, Brunei, Czech Republic, Denmark, Estonia, Finland, France, Germany, Hungary, Iceland, Ireland, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, the Netherlands, New Zealand, Norway, Portugal, Republic of Korea, San Marino, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, and the United Kingdom. See 8 CFR 217.2(a). Ordinarily, a foreign national has to obtain a nonimmigrant visa prior to entering the United States. By participating in the Visa Waiver Program, such citizens and eligible nationals of designated countries may apply for admission to the United States without first obtaining a nonimmigrant visa. They may apply for a period of ninety days or less for business or pleasure, provided that they are otherwise eligible under applicable statutory and regulatory requirements.

The Visa Waiver Program

According to section 217 of the Immigration and Nationality Act (INA), 8 U.S.C. 1187, provided particular requirements are met, certain countries may be designated as Visa Waiver Program (VWP) countries by the Secretary of Homeland Security (the Secretary), in consultation with the Secretary of State.

Those requirements include, without limitation:

(1) Meeting the statutory rate of nonimmigrant visa refusal for nationals of the country;

(2) a government certification that it issues machine-readable passports that comply with internationally accepted standards;

(3) a U.S. government determination that the country's designation would not negatively affect U.S. law enforcement and security interests;

(4) an agreement to report, or make available through other designated means, to the U.S. government information about the theft or loss of passports;

(5) government acceptance for repatriation any citizen, former citizen, or national not later than three weeks after the issuance of a final order of removal; and

(6) an agreement with the United States to share information regarding whether citizens or nationals of the country represent a threat to the security or welfare of the United States or its citizens.

The INA also sets forth requirements for continued eligibility and, where appropriate, probation and/or termination of program countries.

Under the VWP, an alien, in order to travel to the United States, must satisfy the following:

(1) Seek entry as a tourist for ninety days or less;

(2) Be a national of a program country;

(3) Present an electronic passport or a machine-readable passport issued by a designated VWP participant country or to the air or vessel carrier before departure;

(4) Complete the required immigration forms;

(5) If arriving by air or sea, arrive on an authorized carrier;

(6) Not represent a threat to the welfare, health, safety or security of the United States;

(7) Have not violated U.S. immigration law during a previous admission under the VWP;

(8) Possess a round-trip ticket;

(9) Waive the right to review or appeal a decision regarding admissibility or to contest, other than on the basis of an application for asylum, any action for removal; and

(10) Obtain an approved travel authorization via the Electronic System for Travel Authorization (ESTA) in advance of travel.

NOTE: Please contact The Gehi & Associates for more information on the Visa Waiver Program, how it may affect your immigration options and for a FREE consultation. 718-263-5999

SOURCE: DHS Rule on Designation of Greece for the Visa Waiver Program (75 FR 15991, 3/31/10). AILA Doc. No. 10033162


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