What is the Difference Between a 2-Year and 10-Year Green Card?
The Visa Waiver Program allows citizens of specific countries to travel to the United States for tourism, business, or while in transit for up to 90 days without having to obtain a visa. The program applies to the 50 U.S. states as well as the U.S. territories of Puerto Rico, the U.S. Virgin Islands, Guam, and the Northern Mariana Islands in the Caribbean and Pacific. (American Samoa is excluded from the Visa Waiver Program.) All of the qualifying countries are high-income or upper-middle-income economies and generally regarded as developed or economically advanced countries. As of 2025, 42 countries participate in the program, including recent additions like Israel and Qatar. If you are interested in finding out how our firm can help you with your legal matter, contact a Visa Waiver Program lawyer from The Law Office of Cheryl R. David.
Congress passed legislation in 1986 to create the Visa Waiver Program with the aim of facilitating tourism and short-term business visits to the United States and allowing consular resources to focus on addressing higher risks. The United Kingdom became the first country to participate in the Visa Waiver Program in July of 1988, followed by Japan in December of 1988. All participating nations must provide reciprocal visa-free travel for U.S. citizens, usually for a period of ninety days for tourism or business.
A person entering the United States cannot request an extension of the original allowed period of stay as with a regular visa. However, visitors may request to adjust status on the basis of marriage to a United States citizen or an application for asylum. It’s important to note that some participating countries, such as Hungary and Brunei, are now subject to limited ESTA validity due to recent policy changes.
Under the Visa Waiver Program lies the Electronic System for Travel Authorization (ESTA). This automated system determines the eligibility of visitors to travel to the United States by air and sea by collecting biographical information and answers to Visa Waiver Program questions. This system does not determine admissibility; it only collects information for the U.S. Customs and Border Protection officers to do so. ESTA requests should be submitted at least 72 hours before travel to the United States, even though many are approved almost immediately. Each travel authorization is valid for up to two years, unless a traveler’s passport expires sooner. If you are issued a new passport, change your name, gender, or country of citizenship, you will need to obtain a new ESTA authorization.
Entry under the Visa Waiver Program is good for 90 days. This period cannot be extended while in the U.S.; travelers who need to stay longer must apply for a different visa. This does not guarantee entry. U.S. Customs and Border Protection will make the final determination. As of 2025, ESTA carries a total fee of $21, comprising a $4 processing charge and a $17 authorization fee.
Whatever your current situation, we will answer any questions you may have and help you prepare for a visa waiver. We will guide you through the process. Contact us to discuss your visa waiver potential with an experienced immigration lawyer today.
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