us travel visa waiver

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Visa Waiver Program and ESTA application

The Visa Waiver Program allows citizens of participating countries to travel to the U.S. for tourism or business for up to 90 days without a visa.

Find out the requirements for ESTA

If you are a citizen of a country participating in the Visa Waiver Program (VWP), you must meet the eligibility requirements to travel to the U.S. under the program. You will also need authorization through the Electronic System for Travel Authorization (ESTA) before beginning your trip. Learn about the VWP and ESTA and if your country participates in the program.

How to request a travel authorization to the U.S. through ESTA

If you find out your country participates in the Visa Waiver Program:

Confirm that your passport meets the program requirements. You must have an  electronic passport or “e-Passport”  to participate in the VWP. This type of passport includes a chip.

Complete the  ESTA application  online.

Pay the fees: The total cost is $21. When you apply, you will pay a $4 processing fee. If you are approved to travel to the U.S., you must pay an additional $17 authorization fee.  Learn about the payment options available to pay ESTA fees.

When you complete and submit the form and processing fee, you will get an ESTA application number. Use that number to  check the status of your application . It may take up to 72 hours to find out if you are authorized to travel to the U.S. under the VWP.

Each approved ESTA application is generally valid for two years and allows multiple visits to the U.S. within that period without having to apply for another travel approval. If your passport expires in less than two years, you will receive an ESTA approval valid until the passport's expiration date.

When you travel to the U.S. for tourism or business under the VWP, you may stay up to 90 days per visit.

If you have questions about the ESTA and VWP application process, visit the  U.S. Customs and Border Protection (CBP) FAQ page .

Other travel documents you will need to enter the U.S.

Even if you qualify for the VWP, you will need to bring a passport from your country of citizenship to enter the U.S. Generally, a visitor’s passport must not expire less than six months from the date they plan to exit the U.S. But some countries extend the validity of their passports for an additional six months after expiration. They are known as being part of the “Six Month Club.” Learn which countries are exempt from the six-month passport rule.

When you enter the U.S., officials at your port of entry will issue you a Form I-94W, an electronic record of your entry date. Learn more about I-94W and how to apply.

LAST UPDATED: June 18, 2024

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• Transportation Security
• Visa Waiver Program
• Electronic System for Travel Authorization
• Electronic System for Travel Authorization (ESTA)

Visa Waiver Program travelers are required to apply for and receive an approved travel authorization via ESTA to board a plane or vessel bound for the United States. (A travel authorization via ESTA is not a guarantee of admission into the United States. Travelers must establish their eligibility for the program during inspection by an officer at a port of entry.)

In most instances, ESTA applicants will receive real-time notification on the status of their application to travel to the United States. Applicants denied an ESTA will be advised to apply for a visa at the nearest U.S. consulate or embassy.

For more information, and to apply for a travel authorization, see ESTA .

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Entry requirements

This information is for people travelling on a full ‘British citizen’ passport from the UK. It is based on the UK government’s understanding of the current rules for the most common types of travel. 

The authorities in the US set and enforce entry rules. If you’re not sure how these requirements apply to you, contact the US Embassy or a consulate in the UK .

COVID-19 rules

There are no COVID-19 testing or vaccination requirements for travellers entering the US.

Passport validity requirements

To enter the US, your passport must be valid for the length of your planned stay.

If you’re travelling through another country on your way to or from the US, check the entry requirements for that country. Many countries will only allow entry if you have at least 6 months validity remaining on your passport. 

Dual nationals  

US law requires US citizens to enter and exit the US using a US passport. Contact the US Embassy or a consulate in the UK for more information.

Visa requirements

To enter or transit through the US, you must have either an  Electronic System for Travel Authorisation ( ESTA ) visa waiver  or a visa .

The US State Department has more information on visas .

Applying for an ESTA visa waiver 

Apply for an ESTA visa waiver through US Customs and Border Protection. You can also apply using the ESTA Mobile app on android or on iOS .

You cannot apply for an ESTA visa waiver if you have:

• been arrested (even if the arrest did not result in a criminal conviction)
• a criminal record
• been refused admission into, or have been deported from the US
• previously overstayed under an ESTA visa waiver

You cannot normally apply for an ESTA visa waiver if you were in the following countries on or after March 2011: 

• North Korea

You cannot apply for an ESTA visa waiver if you travelled to or were in Cuba on or after 12 January 2021. 

If you are not eligible for an ESTA , you must instead apply for a US visa.

Applying for a visa

The US Embassy in London has information on how to apply for a visa .

US visa appointments

Visa appointments at the US Embassy in London are limited. Plan your application as far ahead as possible before travel. If you need to travel urgently, you can request an expedited interview through the US Embassy’s appointment service provider.

The US Embassy has more information on visa appointments .

Children and young people

Anyone aged 17 and under must:

• have a valid visa or ESTA visa waiver on arrival
• be able to provide evidence about the purpose, location and length of their visit if asked by immigration officials
• have written consent from one or both parents if travelling alone, with only one parent, or with someone who is not a parent or legal guardian

The US authorities can stop you entering the country if they have safeguarding concerns about a child. If this happens, the US authorities will take the child into their care, and their return from the US could take months. The Foreign, Commonwealth & Development Office ( FCDO ) cannot speed up the return of British nationals aged 17 and under from the US.

The US government has information about children travelling to the US . If you have questions, contact the US Embassy in the UK .

Vaccine requirements

For details about medical entry requirements and recommended vaccinations, see TravelHealthPro’s US guide .

Customs rules 

There are strict rules about goods you can take into or out of the US . You must declare anything that may be prohibited or subject to tax or duty.

Global Entry programme

The US Customs and Border Protection programme Global Entry allows pre-approved travellers through border control faster at some US airports. If you’re a British citizen, you can  register to get a UK background check . If you pass the background checks, you’ll be invited to apply for Global Entry.

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Student Visa

Exchange Visitor Visa

Generally, foreign nationals who wish to travel to the United States must first obtain a visa, either a nonimmigrant visa for a temporary stay, or an immigrant visa for permanent residence. You must have a student visa to travel to the United States to study. Your course of study and the type of school you plan to attend determine whether you need an F visa or an M visa.

Students cannot travel on the Visa Waiver Program or with Visitor Visas You must have a student visa (F or M visa) to travel to the United States to study. You may not study after entering on a visitor (B) visa, unless you are eligible for and have obtained a change of status from USCIS, or through the Visa Waiver Program (VWP), except to undertake recreational (non-credit) study as part of a tourist visit. For more information on the VWP, see  Visa Waiver Program .

For short periods of recreational study, a Visitor (B) visa may be appropriate A visitor (B) visa permits enrollment in a short recreational course of study, which is not for credit toward a degree or academic certificate. Learn more about  Visitor Visas .

Study leading to a U.S. conferred degree or certificate is not permitted on a visitor (B) visa, even if it is for a short duration. For example, a student in a distance learning program that  requires a period of time on the institution’s U.S. campus must obtain a student (F or M) visa prior to entering the United States.

Student Acceptance at a SEVP Approved School The first step to studying in the United States is apply to a SEVP-approved school in the United States.  If the SEVP-approved school accepts your enrollment, you will be registered for the Student and Exchange Visitor Information System (SEVIS) and must pay the SEVIS I-901 fee.  The SEVP-approved school will issue you a Form I-20.  After you receive the Form I-20 and register in SEVIS, you may apply at a U.S. Embassy or Consulate for a student (F or M) visa.  You must present the Form I-20 to the consular officer when you attend your visa interview.

If your spouse and/or children will live with you in the United States while you study, they must also enroll in SEVIS, obtain individual Form I-20s from the SEVP-approved school, and apply for a visa (but they do not pay the SEVIS fee).

Visit the U.S. Immigration and Customs Enforcement (ICE)  Student and Exchange Visitor Program (SEVP)  website to learn more about SEVIS and the SEVIS I-901 Fee.

Visit the Department of State  EducationUSA  website to learn about educational opportunities for undergraduate and graduate study, and an overview of the application process.  You can also visit the DHS  Study in the States  school search page to search for SEVP-certified schools.

How To Apply

There are several steps to apply for a visa. The order of these steps and how you complete them may vary by U.S. Embassy or Consulate. Please consult the instructions on the  embassy or consulate website . 

Complete the Online Visa Application

• Online Nonimmigrant Visa Application,  Form DS-160  –  Learn more  about completing the  DS-160 . You must: 1) complete the online visa application, and 2) print the application form confirmation page to bring to your interview.
• Photo  –You will upload your photo while completing the online Form DS-160. Your photo must meet the  Photograph Requirements .

Schedule an Interview

Visa applicants generally require an interview, with certain limited exceptions below. Consular officers may require an interview of any visa applicant.

You should schedule an appointment for your visa interview at the  U.S. Embassy or Consulate  in the country where you live. You may schedule your interview at another U.S. Embassy or Consulate, but be aware that it may be more difficult to demostrate that you qualify for a visa outside of the country where you live. 

Wait times for interview appointments vary by location, season, and visa category, so you should apply for your visa early. Review the interview wait time for the location where you will apply:

Appointment Wait Time

Check the estimated wait time for a nonimmigrant visa interview appointment at a U.S. Embassy or Consulate.

Note:  Please check the individual Embassy or Consulate website to determine if your case is eligible for a waiver of the in-person interview.

Applicants scheduling visa appointments in a location different from their place of residence should check post websites for nonresident wait times.

Select a U.S. Embassy or Consulate:

New Students  – Student (F and M) visas for new students can be issued up to 365 days before the start date of a course of study.  However, you will not be allowed to enter the United States on your student visa more than 30 days before the start date.

Continuing Students  - Student (F and M) visas for continuing students may be issued at any time, as long as the student is currently enrolled at a SEVP-approved school or institution and in SEVIS.  Continuing students may enter the United States at any time before classes start.

Prepare for Your Interview

• Fees - Pay the non-refundable visa application fee , if you are required to pay it before your interview. If your visa is approved, you may also pay a visa issuance fee, if applicable to your nationality. Fee information is provided below: 

Application Fee

Select your nationality to see issuance fee.

• Review the instructions available on the website of the U.S. Embassy or Consulate where you will apply to learn more about fee payment.

Gather Required Documentation

Gather and prepare the following required documents before your visa interview:

• Passport valid for travel to the United States – Your passport must be valid for at least six months beyond your period of stay in the United States (unless exempt by country-specific agreements ). Each individual who needs a visa must submit a separate application, including any family members listed in your passport.
• Nonimmigrant Visa Application, Form DS-160 confirmation page.
• Application fee payment receipt, if you are required to pay before your interview.
• Photo – You will upload your photo while completing the online Form DS-160. If the photo upload fails, you must bring one printed photo in the format explained in the Photograph Requirements . 
• Certificate of Eligibility for Nonimmigrant (F-1) Student Status-For Academic and Language Students, Form I-20 or Certificate of Eligibility for Nonimmigrant (M-1) Student Status for Vocational Students, Form I-20  – Your school will send you a Form I-20 once they have entered your information in the SEVIS database. You and your school official must sign the Form I-20.  All students must be registered in the Student and Exchange Visitor System (SEVIS). Your spouse and/or minor children, if they intend live in the United States with you, will each receive an individual Form I-20.

Additional Documentation May Be Required

A consular officer will interview you to determine your qualifications for a student visa, and may request additional documents, such as evidence of:

• Transcripts, diplomas, degrees, or certificates from schools you attended; and
• Standardized test scores required by your U.S. school;
• Your intent to depart the United States upon completion of the course of study; and
• How you will pay all educational, living and travel costs. 

Review the instructions for how to apply for a visa on the website of the U.S. Embassy or Consulate where you will apply.

Attend Your Visa Interview

A consular officer will interview you to determine whether you are qualified to receive a student visa. You must establish that you meet the requirements under U.S. law to receive a visa.

Ink-free, digital fingerprint scans are taken as part of the application process. They are usually taken during your interview, but this varies based on location.

After your visa interview, the consular officer may determine that your application requires further  administrative processing .  The consular officer will inform you if this is required.

After the visa is approved, you may need to pay a visa issuance fee (if applicable to your nationality), and make arrangements for the return of the passport and visa to you.  Review the  visa processing times  to learn more.

Entering the United States

A visa does not guarantee entry into the United States.  A visa only allows a foreign citizen to travel to a U.S. port-of-entry (generally an airport) and request permission to enter the United States. The Department of Homeland Security (DHS), U.S. Customs and Border Protection (CBP) officials at the port-of-entry have authority to permit or deny admission to the United States.

After you present your passport, visa, and Form I-20 at the port-of-entry, a CBP official will make this decision.  Upon admission, the CBP official will provide an admission stamp or paper Form I-94, Arrival/Departure Record.

Learn about procedures for students (with F or M visas) entering the United States on the CBP website under  Arrival Procedures for Students or Exchange Visitors .  Learn about admissions and entry requirements, restrictions about bringing food, agricultural products, and other restricted/prohibited goods, and more by reviewing the  CBP website .

Extending Your Stay

Foreign students in the United States with F visas must depart the United States within 60 days after the program end date listed on Form I-20, including any authorized practical training.

Foreign students may request an extension through U.S. Citizenship and Immigration Services (USCIS) website (see the USCIS Extend Your Stay page). Additional information to maintain student status is on the U.S. Immigration and Customs Enforcement SEVP website under  Maintaining Your Immigration Status While a Student or Exchange Visitor .

Failure to depart the United States on time will result in being  out of status . Under U.S. law, visas of individuals who are out of status are automatically voided ( Section 222(g) of the Immigration and Nationality Act ).  Any multiple entry visa that was voided due to being out of status will not be valid for future entries into the United States. 

Failure to depart the United States on time may also result in you being ineligible for visas in the future in certain cases. Review  Visa Denials  and  Ineligibilities and Waivers: Laws  to learn more.

Change of Status

If your plans change while in the United States (for example, you marry a U.S. citizen or receive an offer of employment), you may be able to request a change in your nonimmigrant status to another category through U.S. Citizenship and Immigration Services (USCIS). See  Change My Nonimmigrant Status  on the USCIS website to learn more.

While you are in the United States, receiving a change of status from USCIS does not require you to apply for a new visa.  However, once you depart the United States you must apply for a new visa at a U.S. Embassy or Consulate in the appropriate category for your travel.

Additional Information

• There is no guarantee you will be issued a visa. Do not make final travel plans or buy tickets until you have a visa.
• For information about working in the United States during your study, review Students and Employment and Form I-765 Work Authorization Instructions on the USCIS website.
• If you have a temporary break in your study, view the information on the SEVP website under  Do Students Returning from Temporary Absences Need New Visas?  If your student visa is still valid, but you are outside the United States, you should consult with your Designated School Officials. 
• Your spouse and unmarried, minor children who intend to reside with you during your study may apply for F-2 or M-2 visas. Although SEVIS fee payment is not required, your school must issue them an individual Form I-20, which is required to apply for their visas. You must provide a copy of your F-1 or M-1 visa and provide proof of relationship.
• Your minor children are permitted to attend school in the United States while accompanying you.
• U.S. Embassies and Consulates adjudicate visa applications for same-sex spouses in the same way that we adjudicate applications for opposite gender spouses.
• A valid U.S. visa in an expired passport is still valid. Unless canceled or revoked, a visa is valid until its expiration date. If you have a valid visa in your expired passport, do not remove it from your expired passport. You may use your valid visa in your expired passport along with a new valid passport for travel and admission to the United States.

Can I enter the United States more than 30 days in advance?

Students on F or M visas are not permitted to enter the United States earlier than 30 days before the start date of their program.  If you wish to enter earlier than 30 days before your start date, you must separately apply and qualify for a visitor (B) visa.  

After you are admitted to the United States by U.S. Customs and Border Protection (CBP) officials in visitor (B) visa status, you must separately apply to U.S. Citizenship and Immigration Services (USCIS) for a  change of status  to student (For M) status prior to the start of your program.  You may not begin your course of study until the change of status is approved, and you may encounter lengthy processing times.  You may also depart the United States and re-enter on your student (F or M) visa.

Optional Practical Training

Students who are authorized Optional Practical Training (OPT) must have a Form I-20 endorsed for OPT and must apply to USCIS for an Employment Authorization Document (EAD).  OPT is temporary employment that is directly related to the eligible F-1 student's area of study. To learn more about OPT, please visit the  USCIS Website  and the  ICE International Students  webpage.

Attending Public Secondary School

There are restrictions on students in F-1 nonimmigrant status attending public school in the United States. See  Foreign Students in Public Schools to learn more.

Visa Renewal

Whether you are applying for the first time or renewing your visa, you will use the same application process (please review How to Apply , above).

Visa Denial and Ineligibility

Review  Visa Denials  for detailed information about visa ineligibilities, denials, and waivers.

I was refused a visa under section 214(b). May I reapply?

You may reapply if you believe you have additional evidence of your qualifications for a student (F or M) visa, or you believe your circumstances have changed. Review  Visa Denials  to learn more. 

Misrepresentation or Fraud

Attempting to obtain a visa by the willful misrepresentation of a material fact, or fraud, may result in the permanent refusal of a visa or denial of entry into the United States.

Review  Ineligibilities and Waivers: Laws.

Citizens of Canada and Bermuda

Citizens of Canada and Bermuda generally do not require visas to enter the United States as students, although they must present a valid Form I-20 at the time of admission. For more information see  information for Citizens of Canada and Bermuda .

Additional resources for Canadian visitors to the United States can be found on the  U.S. Embassy and Consulate websites in Canada .

Further Questions

• Case-Specific Questions  - Contact the U.S. Embassy or Consulate handling your visa application for status information. Select  U.S. Embassy or Consulate  for contact information.
• General Questions  - review  Contact Us .

More Information

A-Z Index Lost/Stolen Travel Documents Denials SEVIS-ICE DHS-Study in the States Visa Expiration Date Automatic Revalidation Nonimmigrants in the United States–Applying for Visas in Canada or Mexico Find a U.S. Embassy or Consulate Student Advising Center Visa Applicants - State Sponsors of Terrorism Customer Service Statement

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I-601, Application for Waiver of Grounds of Inadmissibility

If you are inadmissible to the United States and are seeking an immigrant visa, adjustment of status, certain nonimmigrant statuses, or certain other immigration benefits, you must file this form to seek a waiver of certain grounds of inadmissibility. Please refer to the instructions to determine whether you should use this form.

You must submit all 11 pages.

Forms and Document Downloads

Form I-601 (PDF, 600.79 KB)

Instructions for Form I-601 (PDF, 490.51 KB)

Flowchart: Filing Certain Waivers of Inadmissibility (PDF, 578.67 KB)

Form Details

04/01/24 . You can find the edition date at the bottom of the page on the form and instructions.

Dates are listed in mm/dd/yy format.

If you complete and print this form to mail it, make sure that the form edition date and page numbers are visible at the bottom of all pages and that all pages are from the same form edition. If any of the form’s pages are missing or are from a different form edition, we may reject your form.

If you need help downloading and printing forms, read our instructions . 

The filing location depends on the immigration benefit you are seeking. To view a complete list of addresses, go to our  Direct Filing Addresses  page.

You can find the filing fee for Form I-601 by visiting our Fee Schedule page.

Through Sept. 30, 2024, there is no fee to file Form I-485, Application to Register Permanent Residence or Adjust Status , on the basis of classification as an Afghan special immigrant, or for any associated biometric services or to file an associated Form I-601.

Through Sept. 30, 2024, there is no fee to file Form I-601 individually with an approved Form I-130, Petition for Alien Relative , filed with USCIS in the United States for an Afghan national (beneficiary) who has a visa immediately available.

You can pay the fee with a money order, personal check, cashier’s check or  pay by credit card or debit card using Form G-1450, Authorization for Credit Card Transactions . If you pay by check, you must make your check payable to the U.S. Department of Homeland Security.

When you send a payment, you agree to pay for a government service. Filing fees are final and non-refundable, regardless of any action we take on your application, petition, or request, or if you withdraw your request.   If you pay by credit card or debit card, you cannot later dispute the payment. Use our Fee Calculator to help determine your fee.

If you are submitting multiple forms, pay each filing fee separately. We are transitioning to electronically processing immigration benefit requests, which requires us to use multiple systems to process your package. We may reject your entire package if you submit a single, combined payment for multiple forms.

Please do not submit this checklist with your Form I-601. The checklist is an optional tool to use as you prepare your form, but does not replace statutory, regulatory, and form instruction requirements. We recommend that you review these requirements before completing and submitting your forms.  Do not send original documents unless specifically requested in the form instructions or applicable regulations.

If you submit any documents (copies or original documents, if requested) in a foreign language, you must include a full English translation along with a certification from the translator verifying that the translation is complete and accurate, and that they are competent to translate from the foreign language into English.

Did you provide the following?

• Evidence that establishes why you may qualify for a waiver of inadmissibility, which depends on the ground(s) of inadmissibility that apply to you and should include evidence to show why we should grant you a waiver of inadmissibility as a matter of discretion. 
• If applying for a waiver that requires you to a showing of extreme hardship to a spouse, parent, son, or daughter of a U.S. citizen or lawful permanent resident, you must submit evidence establishing the family relationship and evidence that shows the denial of admission would result in extreme hardship to your qualifying relative.
• If you are a VAWA self-petitioner seeking a waiver for immigration fraud or misrepresentation, you may show how the denial of admission would result in extreme hardship to your qualifying relatives or yourself. 
• Evidence to support a waiver for inadmissibility due to a communicable disease of public health significance (if applicable).
• Evidence to support your request for a vaccination exemption (if applicable).
• Evidence to support a waiver of inadmissibility due to physical or mental disorder and associated harmful behavior (if applicable).
• Evidence to support a waiver of criminal grounds of inadmissibility found in INA section 212(a)(2) (if applicable)
• Evidence to support waiver for immigration fraud or misrepresentation (if applicable).
• Evidence to support a waiver for inadmissibility because of your membership in a totalitarian party (if applicable).
• Evidence to support a waiver for inadmissibility due to alien smuggling (if applicable).
• Evidence to support a waiver of inadmissibility due to being the subject of a civil penalty under INA section 212(a)(6)(F) (if applicable).
• Evidence to support a waiver of the 3-or 10-year unlawful presence bar under INA section 212(a)(9)(B)(v) (if applicable).
• If you are a TPS applicant, evidence that a waiver is warranted. 
• Evidence that you warrant a waiver of inadmissibility based on factors that would be considered if you were seeking consent to reapply if you are seeking adjustment of status under NACARA section 202 or HRIFA section 902, and inadmissible under INA section 212(a)(9)(A) or (C). 
• Evidence that shows connection between the battery or extreme cruelty that is the basis for the VAWA claim and the self-petitioner’s removal, departure from the United States, reentry or re-entries into the United States, or attempted reentry into the United States if you are an approved VAWA self-petitioner or child of an approved VAWA self-petitioner and inadmissible under INA section 212(a)(9)(C)(i).   
• Evidence to support waiver if you are an applicant for adjustment of status as a Special Immigrant Juvenile (if applicable).

Filing Tips for Form I-601, Application for Waiver of Grounds of Inadmissibility

Complete  all sections  of the form. We will reject the form if these fields are missing:

• Family Name
• Mailing Address
• Date of Birth

Filing Tips:  Review our  Tips for Filing Forms by Mail  page for information on how to ensure we will accept your form.

Don’t forget to sign your form.  We will reject any unsigned form.

E-Notification:  If you want to receive an e-mail and/or text message that we have accepted your form at a USCIS lockbox, complete  Form G-1145, E-Notification of Application/Petition Acceptance  and clip it to the first page of your form. 

Fee Waiver:  We will accept a fee waiver request from:

• A VAWA self-petitioner;
• An applicant for a T visa;
• A battered spouse or child of a lawful permanent resident or U.S. citizen;
• An applicant for Temporary Protected Status;
• A Special Immigrant Juvenile; or
• Any other noncitizen for whom  a determination of their likelihood of becoming a public charge under section 212(a)(4) is not required at the time of their application for admission or adjustment of status.

Please see our Fee Waiver page for more information.

• Centralized Filing and Adjudication for Form I-601, Application for Waiver of Grounds of Inadmissibility
• Direct Filing Addresses for Form I-601, Application for Waiver of Grounds of Inadmissibility

Streamlining 212(d)(3) Waivers for DACA Recipients, Dreamers, and Others

The Biden administration recently announced that it will be taking steps to improve the process for DACA recipients, Dreamers, and other eligible individuals to receive nonimmigrant employment-based visas. The Departments of State (DOS) and Homeland Security (DHS) are expected to issue updated policy directions soon.

This policy brief explains how the 212(d)(3) waiver, also known as the D-3 waiver, can help qualified individuals, including DACA recipients and Dreamers, receive a nonimmigrant visa without being stuck outside of the U.S. for many years because of immigration bars, and identifies meaningful improvements the administration can implement to streamline that process and increase participation.

Access to employment-based visas could be life-changing for many DACA recipients and other Dreamers. While current DACA recipients have work authorization, that program could be ended by the Supreme Court within a year , forcing more than 400,000 people out of their jobs . There are also tens of thousands of Dreamers now graduating from college who are eligible for DACA but cannot apply because the program is frozen, and thousands of Dreamers graduating high school each year who are permanently ineligible because they cannot meet the arrival date requirement.

Many DACA Recipients Could Qualify for Employment Visas

Many Dreamers (immigrants who came to the U.S. as children) have the requisite education, training, and even existing employment relationships to qualify for nonimmigrant, or temporary, employment-based visas, including H-1B “specialty occupation” visas. This is particularly true for individuals enrolled in or eligible for Deferred Action for Childhood Arrivals (DACA).

FWD.us estimates that nearly half (49%) of DACA recipients have some college education, with many still working to complete their education. Some 40,000 have an associates degree from a community or technical college. Additionally, an estimated 70,000 have a bachelor’s degree, while 17,000 have an advanced degree. 1

If they were sponsored by their employer for a visa, they could secure a legal status and more reliable and secure work authorization. Certain visas, like H-1Bs, could even open pathways to permanent residency and the chance to apply for citizenship. And their employers would have certainty that they would be able to retain and invest in talented, valued members of their team for years to come.

Unfortunately, too few people have pursued this option, in part because of the risk and uncertainty surrounding the visa process, which could result in their being stuck outside of the U.S. for years. The D-3 waiver is an important part of this process, and improving it could reduce that risk.

212(d)(3) Nonimmigrant Visa Waivers Resolve Prior Immigration Issues

DACA recipients, Dreamers, and other individuals are generally required to depart the U.S. and apply at a consulate or embassy to be readmitted with a nonimmigrant visa. However, the fact that they have lived in the U.S. undocumented, even if they now have DACA, could trigger an immigration bar preventing them from re-entering for up to ten years.

The 212(d)(3) nonimmigrant visa waiver 2 can resolve these immigration bars and certain other inadmissibility issues that might result in a visa being denied. The waivers are discretionary and weigh factors like the recency and seriousness of previous immigration violations, reasons for seeking a visa, and the positive impacts of their admission. It is a critical tool for which many Dreamers should certainly qualify.

But the current D-3 waiver process is very risky and uncertain, diminishing participation. Leaving the U.S. in the first place is a huge risk, as applicants do not find out until after they have already left the U.S. if their waiver will be approved. They could apply for a waiver only to find out they are now barred from returning for a decade, even permanently, And appointment times and processing times vary greatly in different parts of the world, with some posts facing months-long delays.

The possibility that they may be separated for many years from their children and families, as well as their work, makes it extremely difficult for Dreamers and their employers to gamble on this pathway.

Streamlining the D-3 Waiver Process for Certainty, Predictability, and Efficiency

There are straightforward steps that DHS and DOS can take to streamline the D-3 waiver process to provide more certainty, predictability, and efficiency.

The most impactful would be to establish a process for qualified applicants to apply for and receive decisions on nonimmigrant waivers prior to departing the U.S. , similar to the provisional unlawful presence waiver process for green card applicants. This would reduce the amount of time an approved individual would need to be outside the U.S., and provide more certainty that they would be granted a visa, and thus be able to return to the U.S.

To make the process more predictable, DOS and DHS should collaborate to expedite processing for certain applicants, including DACA recipients and DACA-eligible individuals; issue updated guidance specific to these populations against which they can evaluate eligibility; and affirmatively clarify that certain Dreamers individuals should qualify for D-3 waiver approval.

The departments could also make the process more efficient by creating a consolidated, centralized, and uniform approval process , including designating embassies and consulates for processing D-3 waiver requests and allowing for third country national processing, to reduce costs and risks of travel for applicants, and to ensure consistency in application processing.

These steps would not create new programs or pathways; individuals would still have to qualify for and be approved for an existing nonimmigrant visa pathway. These changes would simply clarify and strengthen the existing process so that more eligible individuals take advantage of it.

In practice, these targeted changes could unlock opportunities for tens of thousands of Dreamers and many others. DOS and DHS should issue details and updated guidance as soon as possible.

• Estimates rely on immigrant assignment of respondents in the 2022 American Community Survey, according to this methodology .
• The name of the waiver refers to the section of the Immigration and Nationality Act that authorizes it.

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• Admission Forms

Form I-192: Application for Advance Permission to Enter as Nonimmigrant

What is the purpose of this form.

Form I-192 allows inadmissible nonimmigrant aliens to apply for advance permission to temporarily enter the United States.

Grounds of inadmissibility can be found in the Immigration and Nationality Act (INA) section 212(a). The statutory and regulatory basis for this form can be found in INA section 212(d)(3)(A)(ii) and Title 8 Code of Federal Regulations (CFR), part 212.4(b); and INA section 212(d)(13) and (14); 8 CFR 212.16 and 17, and 8 CFR 214.11 and 214.14 for T and U visa applicants.  

Who should file this form?

Form I-192 should be filed if you are an inadmissible alien in one of the following categories:

• Inadmissible nonimmigrant already in possession of appropriate documents;
• Applicant for T nonimmigrant status; or
• Applicant for U nonimmigrant status.

Note: If you are seeking admission under the Visa Waiver Program (VWP) under INA section 217, you should NOT file this form. Aliens from VWP countries who are inadmissible must apply for a nonimmigrant visa at a U.S. Embassy or consulate for authorization to travel. You should contact the appropriate U.S. Embassy or consulate if you have any questions regarding your admissibility under VWP.

Note: Do not file this form if you are a T visa applicant who is inadmissible under INA section 212(a)(4)(Public charge) because you are exempt from this ground of inadmissibility.  

Where to file?

• Inadmissible Nonimmigrant Already in Possession of Appropriate Documents: File the application with U.S. Customs and Border Protection (CBP) in advance of the date of intended travel to the United States. Filing of this application is generally done in person at a CBP - designated port of entry or a CBP - designated preclearance office . At this time, CBP-designated Preclearance & Offices are no longer accepting Form I-192 and Form I-212 applications for processing.
• Special Instructions for Citizens of Palau, the Federated States of Micronesia, or the Marshall Islands: You may contact the nearest consulate of the U.S. Department of State to receive instructions on where and how to submit this form. You may also receive filing instructions by e-mailing the CBP/Admissibility Review Office (ARO) at [email protected] . Attorneys should address their inquiries to: [email protected] . Beginning Mid-2019 you will be able to file and pay for your Form I-192 application online using the Electronic Secured Adjudication Forms Environment (e-SAFE) . Nonimmigrants who electronically filed via e-SAFE and completed biometrics at ports of entry will receive a confirmation email when the application is submitted to CBP. e-SAFE will allow you to check the status of your application, receive electronic communications, and receive electronic notification of a decision. Processing times will range from 90 to 120 days from the day the biometrics are completed.
• Applicant for T Nonimmigrant Status: If you are an applicant for T nonimmigrant status but you are inadmissible, you must file Form I-192 with U.S. Citizenship and Immigration Services (USCIS) at the Vermont Service Center. The address is: USCIS-Vermont Service Center, 75 Lower Welden Street, St. Albans, VT 05479-0001.
• Applicant for U Nonimmigrant Status: If you are an applicant for U nonimmigrant status, regardless of whether you are currently present in or outside the United States, and if you are inadmissible, you must file Form I-192 with USCIS at the Vermont Service Center. The address is: USCIS-Vermont Service Center, 75 Lower Welden Street, St. Albans, VT 05479-0001.

What must be submitted with the application?

The Form I-192 application package must include the following documentation:

• Evidence of your Citizenship.
• Completed Form I-192 signed and submitted by you (no copies).
• A properly executed Form G-28 must be included with the application if you have retained an authorized person to represent you on this specific application.
• U.S. Fingerprint card FD-258 or an electronically captured fingerprints that will be completed by a U.S. CBP Officer at the time of submission of your application.
• Form G-325A is not needed when filing the most recent version of the Form I-192. However, the ARO will continue to accept older versions that still require a Form G-325A completed and signed by you.
• If you have a criminal record in any other country's court system, you must obtain a copy of the applicable record or an official letter from the court of jurisdiction stating the reason why a copy of the record is not available.
• Canadians: To obtain verification of your criminal record or evidence of a lack thereof from the Royal Canadian Mounted Police (RCMP) by submitting your fingerprints on Form C216C. The returned Civil Product and any accompanying records must be dated and endorsed by the RCMP within 15 months of submission with your Form I-192. For instructions, addresses and payment information, please visit the RCMP website . Do not submit the Form I-192 application until you have obtained the documents from the RCMP. Incomplete packages will not be processed.
• A copy of the official court record from the actual court of conviction indicating plea indictment, conviction and disposition for each and every crime committed anywhere in the world.
• If you are inadmissible to the United States because of a criminal conviction, you should submit a statement in your own words, signed by you, explaining the circumstances of each arrest, conviction, and sentence or fine imposed. In addition, you should submit any evidence or explanation of your reformation of character or rehabilitation such as counseling or rehabilitation programs completed, current employment, marital status, community service etc. or any other information you wish to be considered and you believe strengthens your request.
• If you are inadmissible for one of the Health Related grounds identified in the INA, e.g., drug user or addict, you will need to provide evidence of treatment/rehabilitation. Such evidence shall include, but may not be limited to, the following: A recent drug test; credible, verifiable evidence related to rehabilitative history; statement from the applicant making clear his/her commitment to refrain from unlawful use of controlled substances, credible, verifiable evidence outlining subject's program for substitution therapy/treatment and/or continued care relative to his/her drug use/addiction if allowed to enter the United States.
• Current foreign employment.
• Previous U.S. employment.
• Family members presently living in the United States.
• Past and current United States and/or foreign business investments.
• Any and all ties you have to your present foreign country/residence.

Application Filing Fee

Bank drafts, cashier's checks, certified checks, personal checks and money orders must be drawn on U.S. financial institutions and payable in U.S. funds. The fee should be made payable to U.S. Customs and Border Protection (CBP). CBP accepts credit cards at all CBP ports of entry that accept payment. Accepted cards include Visa®, Mastercard®, American Express®, and Discover® Network. Updated application fee information can be found at U.S. Citizenship and Immigration Services website or by contacting the port of entry or preclearance office where you will be submitting your application.  

Application Status Inquiries

The CBP Admissibility Review Office (ARO) is currently receiving a high volume of applications. Please allow at least 180 days from the date of submission of your Form I-192 before making an inquiry about the status of your application. A full review of your circumstances can take up six months or longer. You may ask for an update by emailing [email protected]. Attorneys or a properly designated representative may ask for an update by emailing [email protected] . Be sure to provide your full name, DOB.  

Address Changes

Please note that CBP decisions and requests for evidence or additional information will be sent to the address you provide on your application. Failure to respond to a CBP request can result in an application being denied. Hence, if you change your address while a Form I-192 application is pending with CBP, you should inform CBP of your new address. You can accomplish this update by sending a letter with your biographic information and both your old and new addresses to U.S. Customs and Border Protection, Admissibility Review Office, 22685 Holiday Park Drive, Suite 10, Sterling, Va. 20598-1234. You can also email updated information to [email protected]. Attorneys and other accredited representatives can notify the ARO on behalf of their clients by regular mail or by e-mail via [email protected] .

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Singapore passport holders to enjoy short-term, visa-free travel to Timor-Leste under new agreement

SINGAPORE – Singapore passport holders can soon enjoy short-term, visa-free travel to Timor-Leste, following an agreement inked on June 27 between the two countries’ foreign ministers.

Singapore’s Ministry of Foreign Affairs (MFA) said in a statement on June 27 that the visa waiver agreement was signed between Singapore’s Foreign Minister Vivian Balakrishnan and his Timor-Leste counterpart, Mr Bendito dos Santos Freitas, as part of the latter’s official visit to Singapore from June 26 to 28.

Under the mutual visa waiver agreement for diplomatic, official, service and ordinary passport holders, Singapore passport holders will be exempted from visa requirements for a stay of up to 30 days in Timor-Leste. Timor-Leste passport holders will continue to enjoy up to 30 days’ visa-free stay in Singapore.

“The agreement will contribute towards fulfilling the requirements under the road map for Timor-Leste’s accession to Asean , and strengthen the people-to-people ties between Singapore and Timor-Leste,” said MFA in the statement.

The road map was adopted on May 10, 2023. 

Asean is now composed of 10 member states. Timor-Leste attended the Asean summit in 2023 as an observer for the first time, during which its then Prime Minister Taur Matan Ruak pledged that the country would fulfil the steps needed to be part of the regional group.

Timor-Leste, Asia’s youngest democracy, gained independence from Indonesia in 2002. It immediately began the process of joining Asean, but formally applied for membership only in 2011.

Mr Freitas called on Prime Minister Lawrence Wong on June 27, with both welcoming the longstanding and friendly ties between the two nations. PM Wong reaffirmed Singapore’s support for Timor-Leste’s preparations to fulfil the road map to join Asean. This includes the Singapore-Timor-Leste Asean Readiness Support package launched in December 2022 and the Initiative for Asean Integration.

Dr Balakrishnan also hosted a lunch for Mr Freitas, where they reaffirmed the excellent relations between the two nations and welcomed the set-up of the Singapore embassy in the Timor-Leste capital of Dili in April 2024.

They agreed to strengthen bilateral cooperation in areas such as human resource development, trade and investment, energy and education.

On the afternoon of June 27, Mr Freitas was briefed by the MFA Diplomatic Academy on the training of diplomats.

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