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New Passport Requirements Take Effect For Visitors To The US

IF YOU’RE planning a business trip or vacation to the United States, and you’re planning to enter the country under the Visa Waiver Program, you must be aware of some important new passport requirements. Travellers who do not comply with the new requirements will be required apply for a visitor visa to travel to the United States, a process that can be lengthy and that could delay travel plans, particularly as the holiday season begins.

Citizens of 27 countries that participate in the Visa Waiver Program (VWP) with the United States can usually travel to the United States for business or pleasure for up to 90 days without a visa, and these individuals are subject to special passport requirements. VWP countries are: Andorra, Austria, Australia, Belgium, Brunei, Denmark, Finland, France, Germany, Iceland, Ireland, Italy, Japan, Liechtenstein, Luxembourg, Monaco, Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovenia, Spain, Sweden, Switzerland and the United Kingdom (for those with the unrestricted right of abode in England, Scotland, Wales, Northern Ireland, the Channel Islands and the Isle of Man).

As of June 26, 2005, all visitors traveling to the United States under the Visa Waiver Program must have a machine-readable passport. A machine-readable passport has two lines of text at the bottom of the personal information page, along with the bearer’s picture. Individuals with older passports that are not machine-readable have two options: (1) they can get a new passport that is machine-readable, or (2) they can apply for an actual visa at a US consulate or embassy. Because all US visas now contain biometric data, a traveler with an older passport who obtains a visa will arrive at the port of entry in the United States with a secure travel document.

New passports issued by VWP countries on or after October 26, 2005 must include a digital photograph. A VWP traveler with a passport issued on or after this date that does not include a digital photograph will be required to obtain a visa. However, a VWP traveler who possesses a valid passport issued before October 26, 2005 that includes a machine-readable zone does not need to obtain a new passport until the existing one expires.

As of October 26, 2006, new passports issued by VWP countries must be so-called electronic passports or "e-Passports." These passports have an integrated computer chip capable of storing the biographic information from the data page, a digital photograph and other biometric information. A VWP traveler who has a valid passport does not need to obtain a new passport until the existing one expires if it was issued (1) before October 26, 2005 and includes a machine-readable zone, or (2) between October 26, 2005 and October 25, 2006 and includes a digital photograph.

If you are planning a short trip to the United States, make sure that your passport is in compliance with the new requirements. This will help avoid the cancellation of last-minute business or pleasure trips by individuals who do not possess the right kind of passport and do not have time to obtain a visa.

 

The information in this column is general in nature and intended for general informational purposes only. Those with specific questions should seek competent legal advice.

Mitch Wexler is the Managing Partner of the Irvine office of Fragomen, Del Rey, Bernsen & Loewy, LLP (Fragomen). Fragomen is the world’s largest law firm practicing exclusively in the immigration law field. Mitch can be contacted at (949) 660-3531 or mwexler@fragomen.com

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