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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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