A citizen of a foreign country who seeks to enter the United States generally must first obtain a U.S. visa, which is placed in the traveler’s passport, a travel document issued by the traveler’s country of citizenship.
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U.S Visa (United States visa)
The visa policy of the United States deals with the requirements which a foreign national wishing to enter the United States must meet to obtain a visa, which is a permit to travel to, enter, and remain in the United States. Visitors to the United States must obtain a visa from one of the United States diplomatic missions unless they come from one of the visa-exempt countries or Visa Waiver Program countries. The same rules apply to Puerto Rico and the United States Virgin Islands while different rules apply to Guam, Northern Mariana Islands and American Samoa.
As of 17 March 2020, due to the COVID-19 pandemic, entry has been suspended for visitors who have been to Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, Switzerland and the United Kingdom in 14 days prior to arrival to the United States. The restriction does not apply to permanent residents, immediate family members of US citizens and several special categories.
A foreign national wishing to enter the U.S., Puerto Rico or the U.S. Virgin Islands must obtain a visa unless he or she satisfies one of the following conditions:
- a permanent resident of the U.S.
- a citizen of the Compact of Free Association states: Federated States of Micronesia, the Marshall Islands, and Palau
- a citizen of Canada, including those applying for TN status at the border
- a British Overseas Territories citizen with a connection to Bermuda
- a citizen of one of the thirty-nine countries that are part of the Visa Waiver Program
- a citizen of The Bahamas or a British Overseas Territories citizen with a connection to British Virgin Islands, Cayman Islands or Turks and Caicos Islands, under certain conditions
- holding a Form I-512 (“Authorization for Parole of an Alien into the United States“)
Mexican citizens may travel to the U.S. without a passport under limited circumstances if holding a Border Crossing Card and seeking to enter the U.S. for less than seventy-two hours while remaining in the “border zone”.
While there are about one hundred eighty-five different types of visas, there are two main categories of U.S. visas:
- Nonimmigrant visa: for temporary visits such as for tourism, business, work, visiting family, or studying.
- Immigrant visa: for people to immigrate to the United States. At the port of entry, the immigrant visa holder is processed for a permanent resident card (I-551, often known as a ‘green card’). Upon endorsement with a CBP admission stamp, it serves as temporary I-551 evidencing permanent residence for one year. A child with an IR-3 or IH-3 visa will automatically become a United States citizen upon admission to the United States and be processed for a certificate of citizenship (N-560).
In order to immigrate, one should either have an immigrant visa or have a dual intent visa, which is one that is compatible with making a concurrent application for permanent resident status, or having an intention to apply for permanent residence.
EU Visa (Schengen Visa)
The visa policy of the Schengen Area is set by the European Union and applies to the Schengen Area and to other EU member states except Ireland. The visa policy allows nationals of certain countries to enter the Schengen Area via air, land or sea without a visa for stays of up to 90 days within a 180-day period. Nationals of certain other countries are required to have a visa either upon arrival or in transit.
The Schengen Area consists of 22 EU member states and four non-EU countries that are members of EFTA: Iceland, Liechtenstein, Norway and Switzerland. Bulgaria, Croatia, Cyprus and Romania, while EU members, are not yet part of the Schengen Area but, nonetheless, have a visa policy that is based on the Schengen acquis.
Nationals of EU single market countries are not only visa-exempt but are legally entitled to enter and reside in each other’s countries. Their right to freedom of movement in each other’s countries can, however, be limited in a reserved number of situations, as prescribed by EU treaties.
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