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Visitor Visa

Visa Waiver Program

Travel Without a Visa

Citizens of Canada and Bermuda

Generally, a citizen of a foreign country who wishes to enter the United States must first obtain a visa, either a nonimmigrant visa for a temporary stay, or an immigrant visa for permanent residence. Visitor visas are nonimmigrant visas for persons who want to enter the United States temporarily for business (visa category B-1), for tourism (visa category B-2), or for a combination of both purposes (B-1/B-2).

Here are some examples of activities permitted with a visitor visa:

Business (B-1)

• Consult with business associates
• Attend a scientific, educational, professional, or business convention or conference
• Settle an estate
• Negotiate a contract

Tourism (B-2)

• Vacation (holiday)
• Visit with friends or relatives
• Medical treatment
• Participation in social events hosted by fraternal, social, or service organizations
• Participation by amateurs in musical, sports, or similar events or contests, if not being paid for participating
• Enrollment in a short recreational course of study, not for credit toward a degree (for example, a two-day cooking class while on vacation)

Travel Purposes Not Permitted On Visitor Visas

These are some examples of activities that require different categories of visas and cannot be done while on a visitor visa:

• Paid performances, or any professional performance before a paying audience
• Arrival as a crewmember on a ship or aircraft
• Work as foreign press, in radio, film, print journalism, or other information media
• Permanent residence in the United States

Visitor visas will also not be issued for birth tourism (travel for the primary purpose of giving birth in the United States to obtain U.S. citizenship for their child).

How to Apply

There are several steps to apply for a visa. The order of these steps and how you complete them may vary by U.S. Embassy or Consulate. Please consult the instructions on the  U.S. Embassy or Consulate website .

Complete the Online Visa Application

• Online Nonimmigrant Visa Application, Form DS-160 – Learn more about completing the DS-160 . You must: 1) complete the online visa application and 2) print the application form confirmation page to bring to your interview.
• Photo – You will upload your photo while completing the online Form DS-160. Your photo must be in the format explained in the Photograph Requirements .

Schedule an Interview

Interviews are generally required for visa applicants with certain limited exceptions below. Consular officers may require an interview of any visa applicant.

You should schedule an appointment for your visa interview at the  U.S. Embassy or Consulate  in the country where you live. You may schedule your interview at another U.S. Embassy or Consulate, but be aware that it may be more difficult to qualify for a visa outside of the country where you live. 

Wait times for interview appointments vary by location, season, and visa category, so you should apply for your visa early. Review the interview wait time for the location where you will apply: 

Appointment Wait Time

Check the estimated wait time for a nonimmigrant visa interview appointment at a U.S. Embassy or Consulate.

Note: Please check the individual Embassy or Consulate website to determine if your case is eligible for a waiver of the in-person interview.

Applicants scheduling visa appointments in a location different from their place of residence should check post websites for nonresident wait times.

Select a U.S. Embassy or Consulate:

Prepare for your interview.

• Fees - Pay the non-refundable visa application fee , if you are required to pay it before your interview. If your visa is approved, you may also need to pay a visa issuance fee, if applicable to your nationality. Fee information is provided below:

Select your nationality to see Issuance Fee

• Review the instructions available on the website of the  U.S. Embassy or Consulate  where you will apply to learn more about fee payment.

Gather Required Documentation

Gather and prepare the following required documents before your visa interview:

• Passport valid for travel to the United States – Your passport must be valid for at least six months beyond your period of stay in the United States (unless exempt by country-specific agreements ). Each individual who needs a visa must submit a separate application, including any family members listed in your passport.
• Nonimmigrant Visa Application, Form DS-160 confirmation page.
• Application fee payment receipt, if you are required to pay before your interview.
• Photo – You will upload your photo while completing the online Form DS-160. If the photo upload fails, you must bring one printed photo in the format explained in the Photograph Requirements .

Additional Documentation May Be Required

Review the instructions for how to apply for a visa on the website of the U.S. Embassy or Consulate where you will apply. Additional documents may be requested to establish if you are qualified. For example, additional requested documents may include evidence of:

• The purpose of your trip,
• Your intent to depart the United States after your trip, and/or
• Your ability to pay all costs of the trip.   

Evidence of your employment and/or your family ties may be sufficient to show the purpose of your trip and your intent to return to your home country. If you cannot cover all the costs for your trip, you may show evidence that another person will cover some or all costs for your trip.

Note:  Visa applicants must qualify on the basis of the applicant's residence and ties abroad, rather than assurances from U.S. family and friends. A letter of invitation or Affidavit of Support is not needed to apply for a visitor visa. If you choose to bring a letter of invitation or Affidavit of Support to your interview, please remember it is not one of the factors used in determining whether to issue or deny the visa.

Attend Your Visa Interview

A consular officer will interview you to determine whether you are qualified to receive a visitor visa. You must establish that you meet the requirements under U.S. law to receive a visa.   Ink-free, digital fingerprint scans are taken as part of the application process. They are usually taken during your interview, but this varies based on location.

After your visa interview, the consular officer may determine that your application requires further  administrative processing .  The consular officer will inform you if this required.

After the visa is approved, you may need to pay a visa issuance fee (if applicable to your nationality), and make arrangements for the return of the passport and visa to you.  Review the  visa processing times  to learn more.

Entering the United States

A visa allows a foreign citizen to travel to a U.S. port-of-entry (generally an airport) and request permission to enter the United States. A visa does not guarantee entry into the United States. The Department of Homeland Security (DHS), U.S. Customs and Border Protection (CBP) officials at the port-of-entry have authority to permit or deny admission to the United States. If you are allowed to enter the United States, the CBP official will provide an admission stamp or a paper Form I-94, Arrival/Departure Record. Learn more about admissions and entry requirements, restrictions about bringing food, agricultural products, and other restricted/prohibited goods, and more by reviewing the CBP website .

Extending Your Stay

See  Extend Your Stay  on the U.S. Citizenship and Immigration Services (USCIS) website to learn about requesting to extend your stay beyond the date indicated on your admission stamp or paper Form I-94. 

Failure to depart the United States on time will result in being  out of status . Under U.S. law, visas of individuals who are out of status are automatically voided ( Section 222(g) of the Immigration and Nationality Act ).  Any multiple entry visa that was voided due to being out of status will not be valid for future entries into the United States. 

Failure to depart the United States on time may also result in you being ineligible for visas in the future. Review  Visa Denials  and  Ineligibilities and Waivers: Laws  to learn more.

Change of Status

If your plans change while in the United States (for example, you marry a U.S. citizen or receive an offer of employment), you may be able to request a change in your nonimmigrant status to another category through U.S. Citizenship and Immigration Services (USCIS). See  Change My Nonimmigrant Status  on the USCIS website to learn more.

While you are in the United States, receiving a change of status from USCIS does not require you to apply for a new visa.  However, once you depart the United States you must apply for a new visa at a U.S. Embassy or Consulate in the appropriate category for your travel.

Additional Information

• An individual on a visitor visa (B1/B2) is not permitted to accept employment or work in the United States.
• There is no guarantee you will be issued a visa. Do not make final travel plans or buy tickets until you have a visa.
• A valid U.S. visa in an expired passport is still valid. Unless canceled or revoked, a visa is valid until its expiration date. If you have a valid visa in your expired passport, do not remove it from your expired passport. You may use your valid visa in your expired passport along with a new valid passport for travel and admission to the United States. 

Travel for Medical Treatment

If you are seeking medical treatment in the United States, the consular officer may ask for further documents at your visa interview, which may include:

• Medical diagnosis from a local physician, explaining the nature of the ailment and the reason you need treatment in the United States.
• Letter from a physician or medical facility in the United States, stating they are willing to treat your specific ailment and detailing the projected length and cost of treatment (including doctors’ fees, hospitalization fees, and all medical-related expenses).
• Proof that your transportation, medical, and living expenses in the United States will be paid. This may be in the form of bank or other statements of income/savings or certified copies of income tax returns (either yours or the person or organization paying for your treatment).

Visitor Visas for Personal or Domestic Employees (B-1)

You may apply for a B-1 visitor visa to work in the United States as a personal or domestic employee for your employer in limited situations. You may work in the United States on a visitor visa if your employer is:

• A U.S. citizen who has a permanent home or is stationed in a foreign country, but is visiting or is assigned to the United States temporarily; or
• A foreign citizen who is in the United States on one of the following nonimmigrant visa categories:  B, E, F, H, I, J, L, M, O, P, or Q.

Learn more about your rights in the United States and protection available to you by reading the Legal Rights and Protections pamphlet.

Visa Renewal

Whether you are applying for the first time or renewing your visa, you will use the same application process (please review How to Apply , above). Some applicants seeking to renew their visas in certain visa classes may be eligible for the Interview Waiver (IW) which allows qualified individuals to apply for visa renewals without being interviewed in person by a U.S. consular officer. Review the instructions on the website of the U.S. Embassy or Consulate where you will apply to determine if the IW is available and if you qualify.

Do I need a visa if I have an ABTC?

Yes, you will still need a visa to travel to the United States, unless you qualify for the  Visa Waiver Program . Having an Asian-Pacific Economic Cooperation (APEC) Business Travelers Card (ABTC) does not change visa requirements, your visa status, or the visa process for travel to the United States.

How can I use my ABTC when I apply for my visa?

If you have an Asian-Pacific Economic Cooperation (APEC) Business Travelers Card (ABTC),  you might be able to schedule an expedited visa interview appointment. Review the instructions for scheduling expedited appointments on the website of the  embassy or consulate  where you will apply. 

Visa Annotations for Certain Maritime Industry Workers

Certain foreign maritime workers are eligible to apply for a Transportation Worker Identification Credential (TWIC) once in the U.S. If you, as a maritime industry worker, will perform services in secure port areas, your visa must be annotated “TWIC Letter Received.” Workers whose visas are not annotated will not be permitted by the Transportation Security Administration (TSA) to apply for a TWIC.

In order for your visa to be annotated, you must obtain a letter from your employer explaining the need for a TWIC and that you are a potential TWIC applicant. See a template example of this letter. You must present this letter when you apply for the B-1 visa. You must meet all other eligibility requirements for a B-1 visa. 

Complete information about the TWIC program is available on TSA’s website at  https://www.tsa.gov/for-industry/twic .

Visa Denial and Ineligibility

Review  Visa Denials  for detailed information about visa ineligibilities, denials and waivers.

I was refused a visa, under Section 214(b). May I reapply?

Yes, if you feel circumstances have changed regarding your application. Review  Visa Denials  to learn more.

Misrepresentation or Fraud

Attempting to obtain a visa by the willful misrepresentation of a material fact, or fraud, may result in the permanent refusal of a visa or denial of entry into the United States.

Review  Ineligibilities and Waivers: Laws .

Citizens of Canada and Bermuda do not require visas to enter the United States, for visit, tourism and temporary business travel purposes. For more information see  U.S. Embassy Ottawa website ,  U.S. Consulate Hamilton website  and  CBP website .

Additional resources for Canadian visitors to the United States can be found on the U.S. Embassy and Consulate websites in Canada.

Citizens of China

In accordance with the agreement signed between the United States and China to extend visa validity, beginning on November 29, 2016, Chinese citizens with 10-year B1, B2 or B1/B2 visas in Peoples’ Republic of China passports will be required to update their biographical and other information from their visa application via a website every two years, or upon getting a new passport or B1, B2, or B1/B2 visa, whichever occurs first.  This mechanism is called EVUS - Electronic Visa Update System.

The EVUS website is now open to the public for enrollments at www.EVUS.gov .  CBP will not collect a fee for EVUS enrollment at this time. CBP anticipates the eventual implementation of an EVUS enrollment fee, but does not have a time frame. Until the implementation of a fee, travelers can enroll in EVUS without charge.  The Department of Homeland Security, Customs and Border Protection (CBP) will keep visa holders informed of new information throughout the year. For further information, please visit  www.cbp.gov/EVUS .‎

根据美中双方签署的延长签证有效期的协议，自2016年11月29日起，凡持有10 年 期B1，B2 或 B1/B2签证的中华人民共和国护照持有人需要每两年或在获取新护照或最长有效期的B1、B2或B1/B2签证时时（以先到者为准），通过网站更新他们签证申请上的个人资料及其它信息。这个机制我们称之为EVUS –签证更新电子系统。

EVUS的登记网站 www.EVUS.gov 现已开放接受登记。美国海关和边境保护局（CBP）目前不会收取登记费用。美国海关和边境保护局预期EVUS登记收费最终会实施，但目前尚未落实执行时间。在收费实施前，旅客可以免费完成EVUS登记。美国国土安全部海关和边境保护局将在今年及时向签证持有人公布最新的信息。获取更多的信息，请访问 www.cbp.gov/EVUS 。

Citizens of Mexico

Citizens and permanent residents of Mexico generally must have a nonimmigrant visa or Border Crossing Card (also known as a "Laser Visa"). For ease of travel, the B-1/B-2 and the Border Crossing Card have been combined into one document (DSP-150). Select  Border Crossing Card  to learn more about this card.

Please visit  U.S. Embassy or Consulate  websites for more information regarding applying for a visa at the U.S. Embassy or Consulates in Mexico.

Further Questions

• Case-Specific Questions - Contact the U.S. Embassy or Consulate handling your visa application for status information. Select  U.S. Embassy or Consulate  for contact information.
• General Questions - review  Contact Us .

Visa Waiver Program  (VWP)

Tourist or business travelers who are citizens of participating countries may be eligible to visit the United States without a visa. Visits must be 90 days or less, and travelers must meet all requirements.

Citizens of Canada and Bermuda generally do not need visas for tourism and visits.

More Information

A-Z Index Legal Rights & Protections Lost/Stolen Travel Documents Denials Fraud Warning Visa Expiration Date Automatic Revalidation Nonimmigrants in the United States–Applying for Visas in Canada or Mexico Visa Applicants - State Sponsors of Terrorism Border Security/Safety Find a U.S. Embassy or Consulate Customer Service Statement

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• For International Visitors
• Electronic System For Travel Authorization

Electronic System for Travel Authorization

ESTA is an automated system that determines the eligibility of visitors to travel to the United States under the Visa Waiver Program (VWP) . Authorization via ESTA does not determine whether a traveler is admissible to the United States. U.S. Customs and Border Protection officers determine admissibility upon travelers’ arrival. The ESTA application collects biographic information and answers to VWP eligibility questions. ESTA applications may be submitted at any time prior to travel, though it is recommended that travelers apply as soon as they begin preparing travel plans or prior to purchasing airline tickets.

Apply for an ESTA  

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• Passports, travel and living abroad
• Travel abroad
• Foreign travel advice

Entry requirements

This advice reflects the UK government’s understanding of current rules for people travelling on a full ‘British citizen’ passport from the UK, for the most common types of travel.

The authorities in the USA set and enforce entry rules. If you’re not sure how these requirements apply to you, contact the US embassy or consulate in the UK .

COVID-19 rules

Countries may restrict travel or bring in rules at short notice. Check with your travel company or airline for changes.

If you test positive for COVID-19 while in the USA, you may need to stay where you are until you test negative. You may also need to seek treatment there.

Visit TravelHealthPro (from the UK’s National Travel Health Network and Centre) for general COVID-19 advice for travellers .

Passport validity

If you are visiting the USA your passport should be valid for the proposed duration of your stay. You don’t need any additional period of validity on your passport beyond this.

Global Entry programme

The US Customs and Border Protection programme Global Entry allows pre-approved travellers through border control faster at some US airports. If you’re a British citizen, you can register to get a UK background check on GOV.UK . If you pass the background checks, you’ll be invited to apply for Global Entry.

Visa requirements

You will need either an Electronic System for Travel Authorisation (ESTA) visa waiver or a visa to enter or transit the USA as a visitor.

You are not normally eligible for an ESTA visa waiver if you have been in the following countries on or after March 2011:

• North Korea

You cannot apply for an ESTA visa waiver if you have travelled to or been in Cuba on or after 12 January 2021. You must instead apply for a US visa.

You cannot apply for an ESTA visa waiver if you:

• have been arrested (even if the arrest did not result in a criminal conviction)
• have a criminal record
• have been refused admission into, or have been deported from the USA
• have previously overstayed under an ESTA visa waiver

Check the US State Department website for more information on US visas.

Applying for a visa

Visit the US Embassy for details on how to apply for a visa.

US visa appointments

Visa appointments at the US Embassy in London are limited. Plan your application as far ahead as possible before travel. If you need to travel urgently, you can request an expedited interview through the US Embassy’s appointment service provider.

Visit the US Embassy’s website for more information on visa appointments.

Children and young people

Under-18s must:

• have a valid visa or ESTA visa waiver on arrival
• be able to provide evidence about the purpose, location and length of their visit if asked by immigration officials
• have written consent from one or both parents if travelling alone, with only one parent, or with someone who is not a parent or legal guardian

The US authorities can stop you entering the country if they have safeguarding concerns about a child. If this happens, the US authorities will take the child into their care. Their return from the USA could take months. The FCDO cannot speed up the return of British nationals who are under 18 from the USA.

The US Government provides information about children under-18 travelling to the USA . If you have any questions, contact the US Embassy .

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Your online travel visa application: A common money mistake to avoid

W hile citizens of the U.S. and other western countries are able to travel widely without a visa in the traditional sense, certain nations still require one while other countries with visa-free agreements  ask tourists to register their trip and apply for clearance online before arrival.

Given that the requirements differ for each country and are constantly in flux (the European Travel Information and Authorisation System for travel to countries making up the European Union also known as ETIAS has been delayed at least eight times from an initial launch date in 2021), many travelers often find themselves confused about what they need before a trip — which, in turn, often ends up costing them lost money.

Related: Another country has the title of world’s most powerful passport (the US slipped again)

One such traveler, Jay Raman, was in the process of arranging a family trip to New Zealand and was looking through the flight details on his Delta  ( DAL )  travel booking when he saw a pop-up saying that foreign visitors needed to apply for the New Zealand Electronic Travel Authority. The website told him he could apply through the travel visa application platform Sherpa and he followed its lead.

‘How convenient, he thought’: Don’t make this easy booking error

“After entering the details of each of his five family members and paying a total of $532.50, he soon had those electronic travel visas,” Michelle Couch-Friedman of The Points Guy wrote in a feature on the subject. “How convenient, he thought. However, a few days later, as he continued his travel planning, budget-minded Raman got an unpleasant surprise. He learned that the New Zealand government charges U.S citizens just 17 New Zealand dollars ($10) for NZeTAs via a free app.”

Sherpa is one of a number of travel platforms that help travelers apply for travel clearance or tourist visas. While advertised as a way to simplify the process and make sure one’s documents are in order, they often charge a hefty and not always transparent fee for doing little other than typing in the passenger’s information for them into an application that is easily accessible online. 

In the case of New Zealand, the application is available directly on a mobile app created by the country’s immigration department and is very easy to complete as the app guides you through it. For those who have one’s passport information in front of them, the application typically takes no more than 10-20 minutes.

The first step is always to go on the embassy website yourself

After realizing this, Raman ended up having to go through a lengthy process of trying to get the money back. Delta did not want to offer a refund because the terms and conditions on the website say that use of Sherpa is just a recommendation and completely optional while a credit card dispute was also not an option since he applied for the visas voluntarily and the visas (which he did need for the trip) would be canceled even if the transaction was canceled.

After having to go back and forth (and reaching out to The Points Guy for help advocating for him), Raman was able to get part of the fee refunded but the situation required a lot of headache and arguing with call center representatives.

“To begin the process of applying for your visa, you can visit the website of your destination's consulate or embassy,” Couch-Friedman wrote. “There, you'll be able to determine if the travel visa process is simple, as Raman belatedly found out was the case with New Zealand, or if there is a more complicated process."

U.S. to Spend $50 Million to Cut Visa Wait Times and Passport Backlogs

Dawit Habtemariam , Skift

March 27th, 2024 at 3:15 PM EDT

The U.S. government is putting more financial resources toward cutting its excessive visa wait times. Let's hope it gets the job done.

Dawit Habtemariam

Congress has set aside $50 million for the U.S. State Department to help “reduce passport backlogs and reduce visa wait times” in a bill signed into law by U.S. President Joe Biden on Saturday and praised by the travel industry this week.

On Wednesday, the U.S. Travel Association applauded the passage of the bill, which was part of a package of appropriations to fund select federal agencies through September. The lobbying group said the average wait time for a first-time visitor visa for the U.S.’s top inbound markets is around 400 days.

The law gives the State Department some discretion. It doesn’t specifically restrict the spending for any visa category, such as for business and leisure rather than education. It also doesn’t mention any specific country for which the State Department should cut wait times.

“The State Department must now deploy these resources as quickly as possible to lower wait times and facilitate growth in inbound visitation,” said Tori Emerson Barnes, executive vice president of public affairs and policy for U.S. Travel. 

The State Department expects visitor visa wait times to span hundreds of days in Colombia, Mexico, and India this year because of high demand for travel to the U.S., Julie Stufft, the State Department’s deputy assistant secretary for visa services, told Skift in November .

U.S. Travel Industry Pressures Government

Reducing visa wait times has been one of the travel industry’s most pressing issues, especially as the U.S. prepares to host the 2026 FIFA World Cup. Last week, over 300 travel industry professionals lobbied their federal lawmakers to take action on the issue.

At the Skift India Summit , U.S. Ambassador to India Eric Garcetti said Biden specifically asked him to work on reducing the visa backlog .

For the past few years, visa wait times have spanned hundreds of days in embassies in Brazil, Mexico, India and Colombia — top inbound markets for the U.S. Long visa wait times cost the U.S. $12 billion in travel spending in 2023 , according to U.S. Travel.

To cut the backlog, the State Department has taken steps like waiving interviews for low-risk visa applicants, moving staff to countries with large backlogs, and hiring more processing staff. Some embassies in Brazil and India have seen massive drops. The federal agency issued a record 10.4 million visas in 2023.

As long as visa wait times stay long, the U.S. risks losing travelers to other destinations.

“If you are a leisure traveler or a business traveler, you’re likely to say, ‘I’ll go somewhere else,'” said U.S. Travel CEO Geoff Freeman at the Skift Global Forum in September.

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Tags: Biden , Biden Administration , congress , joe biden , passports , state department , tourism , u.s. visa , us travel , US Travel Association , visa

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5 visa updates for 2024 that Indian travellers will benefit from

Panchali Dey , TIMESOFINDIA.COM , TRAVEL NEWS , WORLD Created : Apr 4, 2024, 00:00 IST

With the summer holiday season fast approaching, it's time to start mapping out your travel plans. And as you do, it's also essential to stay updated on the latest visa regulations to ensure a smooth and hassle-free journey. Also, staying updated will help you choose your options more wisely, and make the most out of it. In short, knowing the visa requirements and updates can make all the difference.

Here are some noteworthy visa updates for 2024 that every Indian traveller should be aware of.

Japan's introduction of eVisas for Indian travellers

Japan has launched eVisa applications for Indian travellers. Administered by Japan Visa Application Centers operated by VFS Global, this streamlined process retains the familiar steps of submitting documents and applications to VFS. Designed for short-term tourism, the eVisa will be offering a single-entry option allowing stays of up to 90 days. Both Indian nationals and foreigners residing in India are eligible to submit their applications.

Notably, visas will now be issued electronically rather than as physical stickers in passports. Upon approval, travellers must present a visa issuance notice on their mobile device at the airport, necessitating internet access. Do note that alternative formats such as PDFs or printed copies of the eVisa will not be accepted.

Dubai's introduces five-year, multiple-entry tourist visa

Dubai recently introduced a new visa program tailored specifically for Indian travellers, reflecting the significant rise in visits from India. This visa option offers a five-year, multiple-entry permit, and will enable travellers to stay up to 90 days per visit, extendable once, not exceeding 180 days annually.

This visa will cater to both business and leisure trips, and will allow unlimited entries and exits within the five-year period. Requirements will include a passport photo, six months' worth of bank statements showing a balance of at least $4,000 (INR 3,33,447), a valid passport with a minimum validity of six months, health insurance, and round-trip flight tickets. The application process will typically take 2-5 days, with submissions accepted through the GDRFA website or app, or the official ICP website.

Thailand's visa-free option for Indian travellers

The Thai Government recently announced a temporary visa exemption for Indian passport holders from November 10, 2023, to May 10, 2024. During this period, Indian travellers can enter Thailand for tourism purposes without requiring a tourist visa, enjoying a 30-day stay.

Kenya's eliminates visa requirements

Effective January 1, Kenya eliminated visa requirements for not only Indian citizens, but also for all global visitors, in a move aimed at bolstering the nation's vital tourism sector. This visa-free initiative will facilitate seamless travel experiences for visitors keen on wildlife safaris and beach vacations.

Romania and Bulgaria's access to Schengen Visas

Romania and Bulgaria have partially joined the Schengen Area, expanding the scope of the Schengen visa to include 29 countries across continental Europe. This means Indian travellers can now obtain Schengen visas from Romania and Bulgaria, permitting stays of up to 90 days within a 180-day period. However, do note that visas issued before April 1 by these two countries won't grant access to the entire Schengen area. Travellers from non-Schengen countries may still undergo passport checks when travelling between different Schengen destinations. Visa issuance for Bulgaria and Romania can be processed on their respective official websites.

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With the summer holiday season fast approaching, it's time to start mapping out your travel plans. And as you do, it's also essential to stay updated on the latest visa regulations to ensure a smooth ...

Trump Travel Ban Suit Brought by Visa Applicants to Move Ahead

By Mike Vilensky

Visa applicants alleging they were unlawfully denied entry to the US under former President Donald Trump’s travel ban can sue federal officials as a class, a judge ruled, the latest development in a long-running lawsuit over the contentious former policy.

The lead plaintiffs have argued since 2018 that Department of Homeland Security officials and other federal agency workers improperly implemented Trump’s restrictions on travel and immigration by ignoring a provision meant to grant waivers to some applicants. The group argues the denial of waivers caused them or their family members dislocation.

The US District Court for the Northern District of California certified as a class a group of people from Iran, Libya, North Korea, Somalia, Syria, Venezuela, and Yemen, who were refused visas pursuant to the Trump proclamation. The class consists of people who didn’t obtain a waiver, haven’t subsequently obtained a visa, and haven’t reapplied for a visa since the proclamation was revoked early in the Biden administration.

“The lack of a properly-administered waiver process is the common course of conduct that caused plaintiffs’ injuries, and the legal grounds for challenging that conduct are the same across the entire proposed class,” said Judge James Donato in a Tuesday order granting class certification.

Donato previously granted summary judgment to the lead plaintiffs on their Administrative Procedure Act claims, saying they had demonstrated that the government’s handling of the waiver program was arbitrary and capricious. He had ordered the parties to settle on a remedy.

The government had told the court it would provide “meaningful relief” to approximately 41,000 visa applicants who were denied a waiver under the travel ban, Donato said in his order Tuesday. The government had earlier proposed it would “notify these 41,000+ individuals directly” and and “advise them that if they wish to reapply for a non-immigrant visa, they may do so without paying a second fee,” according to minutes from a 2023 hearing.

“This all went up in smoke,” however, when government lawyers later said they didn’t agree to specific relief, Donato said.

“Needless to say, this is an egregious record of poor performance by the government,” he said.

The judge rejected the government’s argument that certifying the class would improperly involve the court in the government’s visa decision-making.

“Plaintiffs are not asking for, and the Court will not order, any specific outcomes for any particular visa applications,” he said. “The government’s arguments along the lines that ‘allowing this Court to tamper with individual consular decisions would violate the doctrine of consular nonreviewability’ have zero application and are way out of line.”

He ordered the parties to meet and confer on a proposed remedy.

Trump’s travel ban was upheld by the U.S. Supreme Court in its 2018 ruling in Trump v. Hawaii with the justices splitting 5-4 along ideological lines.

Muslim Advocates and others represent the proposed class.

The case is Emami v. Mayorkas , N.D. Cal., 3:18-cv-01587, 3/26/24.

To contact the reporter on this story: Mike Vilensky at [email protected]

To contact the editor responsible for this story: Patrick Ambrosio at [email protected]

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