What are the advantages and disadvantages of the Visa Waiver Program and who is eligible?
The Visa Waiver Program is available to nationals from certain countries that the U.S. has determined should be able to travel freely to the U.S. The visa waiver is available only to visitors for pleasure or business travel. The advantage is obviously that such individuals do not need to pay a visit to the U.S. Consulate in their country to obtain B-1/B-2 visas prior to entering the U.S. The disadvantage is that the visa waiver is only available for 90 days and does not allow extension of stay, change of status to another nonimmigrant category or adjustment of status to lawful permanent residence. One exception is that spouses of U.S. citizens may adjust status to lawful permanent residence after entering under a visa waiver provided they did not enter the U.S. with preconceived intent to remain and that they did not use the visa waiver process as a means of getting around the law.