Good news for citizens of the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Slovakia and South Korea.
They will soon be able to visit the United States for 90 days without first getting a visitor’s visa. Nationals of the added countries should be able to visit under the program beginning in mid-November.
They join citizens of Andorra, Australia, Austria, Belgium, Brunei, Denmark, Finland, France, Germany, Iceland, Ireland, Italy, Japan, Liechtenstein, Luxembourg, Monaco, the Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovenia, Spain, Sweden, Switzerland and the United Kingdom who can visit under the Visa Waiver Program (VWP).
When President Bush announced the addition of the new countries, he said that Bulgaria, Cyprus, Greece, Malta, Poland and Romania may be added in the future – though the President has been promising this for years.
For a country to qualify for the VWP, the visa denial rate for nationals of those countries must be no greater than two percent. The VWP facilitates travel to the U.S., but the law places limits on VWP entrants. They cannot change to another non-immigrant status, such as student or temporary worker. Further, getting an extension beyond the initial 90 days is difficult. A VWP visitor can get a 30-day extension, but only in emergencies.
One other limitation on VWP visitors is that they may not adjust status to permanent residence unless they qualify as the immediate relative of a U.S. citizen. In that category is only the spouse, parent of a child over age 21, unmarried child under 21 of a U.S. citizen, and certain widows and widowers.
Ordered deported - he never leaves
Q. An immigration judge ordered my husband deported, but he never left. Does he have a chance of ever getting his green card? I am a U.S. citizen. My husband came here legally from West Africa about 15 years ago. He applied for political asylum, but his application was denied. We met, married and now have two daughters.
- Name Withheld, New York
A. Getting your husband a green card will be difficult.
One possibility is for him to apply for permanent residence at a U.S. consul abroad. That is very risky. He’d need the U.S. Citizenship and Immigration Services to grant him two waivers - one for having left after having been ordered deported, and one for having stayed here so long illegally. Getting both will be tough. Without the waivers, he would need to stay abroad for 10 years before returning.
Another possibility is for your husband to ask an immigration judge to reopen his case to grant him permanent residence. To get that reopening, the judge must have ordered your husband to leave without granting him a period to leave voluntarily.
Failure to depart after a grant of voluntary departure bars your husband from getting permanent residence in the U.S. for 10 years from the date of the order.
Finally, whether he qualifies to ask for reopening now or must wait 10 years, a judge can reopen your case only if a government attorney agrees to reopen it. Getting the government attorney to agree may be difficult.
That was a complicated answer, but your husband is in a tough situation.
Niece babysitter needs visa
Q. Can I bring my niece from my home country to take care of my children? My husband and I both work. We have two children in two different schools. I’m having trouble caring for my children while working. My niece is the only person I would trust to leave with my kids.
- Cernia P., New York
A. To get your niece here to help you, she would need a visa that allows her to work for you. If she has worked in childcare previously, you could try getting her an employment-based green card, but that would likely take six years or more. Moreover, she may have a harder time because she is a relative.
Many families get childcare help through the U.S. Department of State J-1 Au Pair program. That program allows foreign nationals between the ages of 18 and 26 to work in the U.S. for up to one year. Program sponsors screen the host and the au pair. You can learn more about the J-1 Au Pair program at https://exchanges.state.gov/.
Allan Wernick is a lawyer and director of the City University of New York Citizenship and Immigration Project. He is the author of “U.S. Immigration and Citizenship - Your Complete Guide, Revised 4th Edition.” Send questions and comments to Allan Wernick, Daily News, 450 West 33rd Street, New York, N.Y. 10001. Professor Wernick’s web site is www.allanwernick.com.
Allan Wernick’s Immigration column is reprinted from the Thursday, October 16 edition of the New York Daily News.
