Below the US Visa Waiver Program (VWP), British residents can keep in the US for a most of 90 days with out the necessity for a enterprise or tourism visa. If that you must keep longer within the UK for one more function, it’s possible you’ll want to use for and obtain a visa earlier than you journey to the US. On this article, we’ll clarify the foundations for British residents travelling to and staying within the UK, how lengthy they’ll keep within the US, and the actions permitted throughout this era.
As a British citizen, the time you possibly can keep within the US will rely on the kind of visa clearance you maintain and the aim of your keep. Below the Visa Waiver Program (VWP), a British citizen can keep in the US for as much as 90 days for tourism and a few enterprise actions with none requirement for a visa. In the event you maintain a inexperienced card or an immigration visa, you might be able to keep indefinitely.
It’s important to grasp how lengthy you possibly can keep within the US as a result of overstaying may end up in critical penalties, together with refusal to re-enter the nation sooner or later.
What’s the US Visa Waiver Program?
The US Visa Waiver Program was carried out by the US in 1986, permitting nationals of a restricted variety of trusted (i.e. shut ally) nations, together with the UK, to enter and keep for as much as 90 days with out the necessity for a visa.
In the event you intend to journey to the US for longer than 90 days, you won’t be able to make use of the Visa Waiver Program. Somewhat, you will have to use for and obtain a related visa earlier than you journey to the US (see under for an inventory of US visas).
In the event you intend to journey to the US beneath the Visa Waiver Program as a British passport holder, you will need to have an e-passport that’s legitimate for at the very least 6 months past your departure date from the US.
Do I nonetheless want to use for an ESTA if I take advantage of the US Visa Waiver Program?
Sure, even if you’re eligible for the VWP, you will need to nonetheless apply for an Digital System for Journey Authorization (ESTA) and be granted approval earlier than you journey. It’s because the VWP and ESTA programs are separate. Because the Division of Homeland Safety states, “All potential VWP travellers should acquire pre-travel authorization through U.S. Customs and Border Safety’s (CBP) ESTA system previous to boarding a aircraft or ship sure for the US”.
What if I need to keep within the US for longer than 90 days?
If you wish to keep within the US for longer than 90 days, you will have to use for a non-immigrant visa. A non-immigrant visa will can help you keep quickly within the US for anyplace between 90 days and 10 years, relying on the kind of visa. Non-immigrant visas may be additional prolonged as soon as within the US if required.
A number of the commonest US visas that may enable a keep of longer than 90 days embody:
- B1 Visa: Non permanent enterprise visa for these concerned in enterprise actions of a business or skilled within the US, e.g. negotiating a contract, coaching, or travelling for a scientific, instructional, skilled or enterprise conference or a convention on particular dates. These visas are granted for as much as 6 months initially and may be additional prolonged for one more 6 months if eligible.
- K1 Visa: Supposed for Fiancés of US nationals and permits holders to get married inside 90 days.
- K3 Visa: Supposed for Spouses of US nationals and permits the holder to remain for an preliminary interval of two years. If crucial, one of these visa may be additional prolonged for two years every time.
- H1B Visa: That is for specialty employees and is legitimate for as much as 3 years and extendable for as much as 6 years.
- F1 Visa: It is a pupil visa which can be legitimate for the interval of your research within the US.
To work within the US, you will need to have both an employment-based immigrant visa, short-term employment visa, inexperienced card (everlasting resident card), or work allow (employment authorisation doc).
There are lots of different US visa sorts apart from these listed above. Different visa sorts embody diplomatic visas (A), Trade customer visas (J), International army personnel stationed in the US (A-2 or NATO 1-6), Worldwide cultural trade guests (Q), Performing athletes, artists, entertainers (P), and non secular employee (R).
If you’re uncertain which visa to use for and the validity/expandability of your chosen visa, we advocate checking the US Embassy and Consulates within the UK web site.
Staying past the expiry date of your permission within the US can have critical penalties. Relying on the state of affairs, it’s possible you’ll:
- Have your visa cancelled (revoked)
- Not be permitted to return to the US sooner or later – it’s possible you’ll be barred from the US for numerous years relying on how lengthy you overstayed.
- Not be permitted to range or prolong your visa or
- Be unable to use for a US immigration visa sooner or later.
As a British nationwide, you will need to take immediate motion in case you have overstayed your time within the US, whether or not you have got a visa or are on the Visa Waiver Program.
You probably have overstayed your time within the US and are uncertain what to do subsequent, please communicate to a member of our immigration regulation workforce who can help you. We are going to evaluate your circumstances your plans for remaining in or returning to the US, and advocate the most effective plan of action. This may increasingly embody making use of for an extension or change of standing in case you have a sound cause for overstaying (e.g. when you had a medical emergency). Doing so might can help you hold your authorized immigration standing within the US.
