According to US Department of Commerce estimates, 51 million visitors entered the United States for business or leisure purposes in 2006. What’s it like for a foreign national to visit the USA these days? If you’re an American citizen, you may be surprised to learn how expensive and cumbersome it is. Read on to see how strict new regulations will affect you and your family when you choose to travel outside the US. And if you, or your children, or relatives, are foreign nationals, it’s essential that you be fully informed of the latest entry and exit procedures, collectively known as US-VISIT.

Welcome To America

The US-Visit program requires that foreign visitors at nearly every US port of entry present their passport or entry document for scanning with a barcode reader; have all 10 fingers scanned electronically; and have a digital photo taken.  A passport scan reveals several details or “hits” that might alert an officer to order a secondary screening of the visa applicant. The biometric information (digital fingerprint scans and photo) is checked against various government databases and Watch Lists. According to the the US Department of Homeland Security (DHS), the mission of its US-Visit division is to ensure the security of US residents and visitors by developing biometric tools and consolidating the functions of Customs, Immigration, Department of State and other organizations handling the country’s borders -- not scare away potential tourists. 

But the program may. In response to the decrease in global tourism market share noted by the Travel Industry Association of America (TIA), the Discover America Partnership was formed to boost the number of international visitors and smooth their entry. A 2006 survey found that more than half of the international respondents rated the US first among 10 destinations as most unfriendly to international travelers. Fortunately, the majority of tourists reported a very positive experience once they were inside the US.

Who Is Affected By US-Visit And How?

The US-Visit program applies to all visitors to the US between the ages of 14- and 79-years-old. It requires a foreign national or alien entering the US to present a passport and valid visa issued by a U.S. Consular Official, unless they are coming from a country eligible for the Visa Waiver Program (VWP), or are a lawful permanent resident of the U.S. or a citizen of Canada. The VWP accords foreign nationals holding a passport from certain countries these exceptions: they must be coming from an eligible country, staying no more than 90 days, for pleasure/medical purposes, and be able to prove they are not inadmissible. Rules differ for lawful permanent residents of the U.S., Canadian citizens, Mexican nationals, and continuing students.

Eight of the top 10 countries sending visitors to the US belong to the Visa Waiver Program (VWP). Nationals from VWP countries with machine-readable passports (similar to the newer US-issued passports with a barcode) can fill out an I-94W form in transit and provide biometric information on arrival to the US until January 2009, after which time they will be required to register online with the US government at least 72 hours prior to departure for the US, providing the same information included on the current I-94W form. VWP citizens should review the US Department of State website for more information. Nationals from other than VWP countries must apply for a US Visa in person at a US Embassy or Consulate and, at that time, provide the required biometric information: 10 fingerprints and a photo. This rule applies as well to all citizens of VWP countries without machine-readable passports.

All family members are affected because every child 14-years or older will have to undergo the biometric scans during the visa application process, and again on arrival and departure. Additionally, because machine-readable and/or biometric passports can only store biometric date for one person, children of any age will no longer be able to enter the US on their mother’s passport; each child will have to carry her own passport.

The Realities of Getting a US Visa

Stricter regulations have put a strain on resources at the Department of State, US Visa application posts worldwide, consulates and embassies. New screening systems require extensive training, time and adjustment on the part of consular officers; at some posts, citizens may wait months to obtain an interview appointment and months to receive a US Visa.  Travel industry veterans say that inbound tourism has also suffered due to the cost and inconvenience of having to appear at the nearest US Embassy or Consulate for an interview.

The paperwork, beginning with the visa application form, is complicated. In the latest regulations, males ages 16-45 are required to complete an additional form providing a detailed history of their previous travel and their affiliation with various institutions; and students and exchange visitors, regardless of nationality, must complete a supplemental application and be enrolled in SEVIS by their sponsoring institution. Families face even bigger paperwork and financial burdens:  in addition to their home country’s passport fees, US Visas cost around US$100 each (costs vary according to local currency exchange rates) and that fee must be paid in advance, in cash, at a separate payment station. Every applicant must show evidence of return transport to their home country.

Some countries where child abduction is an issue have made further use of the system. According to Robert Mocny, Deputy Director of DHS, in Mexico, biometric data is being recorded on children age 7 and older to be kept on file. Additionally, several US Visa issuing posts are requiring the presence of both birth parents, or a notarized permission letter from the absent parent, in order to accept a visa application from minors.

The Realities of Entering & Exiting the USA

Since October 2005, the US Visit program has been in place at the majority of airports, seaports, and at the busiest land ports, to mixed reviews. While a fraction of one percent of visitors have been denied visas (primarily for criminal records discovered with biometric data), millions of travelers have stood in longer lines at airports, thousands have endured secondary screenings largely due to misunderstandings, and at least hundreds have missed connecting flights, been humiliated or have otherwise felt wrongly treated.

As regulations evolve, travelers who hold any of the myriad US-issued visas will find a confusing and conflicting array of rules. To expedite their passage, foreign nationals subject to the US-Visit program can access written instructions in English, traditional Chinese and Korean, outlining the most current entry and exit requirements, with an email address [usvisitprivacy@dhs.gov] to send complaints and enquiries.

Families should note the recently posted provisions regarding minors: "Single parents, grandparents, or guardians traveling with children may be asked for either proof of custody or a notarized letter from the absent parent authorizing the transportation of children across Western Hemisphere borders. This requirement evolved from international concern about child abduction. In addition, if you are under the age of 18 and traveling alone, you should carry a letter from a parent or guardian authorizing your trip across borders. Without such documentation, travelers could experience delays at their U.S. port-of-entry."

The entire US-Visit program is still in its infancy, and concerns about biometric passports, privacy issues and security continue. To cope with some of the confusion, the U.S. State Dept. issued an online guide entitled "See You in the U.S.A." available in Arabic, Chinese, French, Japanese, Korean, Persian, Portuguese, Russian and Spanish. It's available at this link and also provides visitors with information about continuing education options, vacations, business procedures, training courses and more.

Leaving America & Returning Home

Already a US citizen and hoping to take the family abroad? Since January 23, 2007, under the mandate of the Western Hemisphere Travel Initiative, all persons, including U.S. citizens, traveling by air between the United States and Canada, Mexico, Central and South America, the Caribbean, and Bermuda have been required to present a valid passport, Air NEXUS card, or U.S. Coast Guard Merchant Mariner Document. 

On January 31, 2008,  U.S., Canadian or Bermudian travelers seeking to enter the U.S. by sea and/or land will need to present a valid government issued ID and a birth certificate, naturalization certificate or baptismal record. The DHS is hoping to require a passport from all sea and land travelers of any age by summer 2008; travelers under 19 will probably not be required to present a photo ID. If traveling outside the Western Hemisphere to any other country in the world, all U.S. citizens of any age must present a passport.

In order to facilitate the process for US citizens who commute internationally on a daily basis, the DHS is exploring Registered Traveler Cards that would allow DHS to prescreen frequent travelers. Other acceptable documents are issued already as part of the SENTRI, NEXUS, FAST and BCC programs for certain travelers, but we recommend that the average traveling family apply for a passport now.