INS Issues Interim Procedures for Visa Waiver Program
Posted Jun 14, 2000

In previous issues of the MurthyBulletin, we have discussed the Visa Waiver Pilot Program (VWPP), the list of eligible countries, and the reasons these countries have been selected. Historically, those countries where the nationals have a high rate of return back home after entering on a visitor visa or a tourist visa have qualified for the VWPP. VWPP countries include Japan, Switzerland, Australia, and Britain. Countries such as Mexico, India, and the Philippines do not qualify for the VWPP.

The VWPP, which allows nationals from eligible countries to visit the U.S. for up to 90 days without obtaining a visa, expired on April 30, 2000. In response, the Immigration and Naturalization Service (INS) implemented an interim measure allowing eligible visitors to be paroled into the U.S. However the interim measure expired on May 30, 2000, without any renewal of the program in sight.

The U.S. Department of State’s website is now reporting that the INS has extended the interim measure until June 29, 2000. In the meantime, the American Immigration Lawyers Association (AILA) is working with Congressional offices to encourage renewal of the program, and the INS has reported that it will make every effort to facilitate the entry of those visitors who would qualify for the VWPP. 

To facilitate travel during this period, the following procedures are in effect:

• The INS has instructed ports-of-entry (POE) officers to parole for 90 days all applicants who are eligible to enter under VWPP, as though the program had been continued.

• The foreign national must complete both the front and back of form I-94W prior to applying for admission.

• If the foreign national would be admissible under the VWPP, INS inspectors are to place the admission stamp on the I-94W (both the arrival and departure portion).

• VWPP transportation lines will not incur any fines under the law for boarding visitors who would otherwise have been admissible under the VWPP.

• For those entering at land borders (as opposed to airports) the $6.00 fee will be collected when the Form I-94W is processed, even though applicants may be paroled.

• INS POE officers may allow re-entry of persons paroled on or after May 1, 2000 who travel out of the U.S. during the 90-day admission period, within the remaining time indicated on the parole I-94W, if such persons are still eligible.

AILA reports that there is a proposal in the U.S. Congress to extend the visa waiver program on a permanent basis. Supporters of the measure hope to pass a bill within the next few weeks. Stay tuned for further updates from The Law Office of Sheela Murthy.