U.S. Nonimmigrant Visa Waiver Legal Wizard [Australian Citizens]

What does this U.S. Nonimmigrant Visa Waiver Legal Wizard [Australia] do?

This innovative Legal Wizard includes Embedded Lawyer-Logic designed to guide you as the holder of an eligible Australian e-passport (or e-Passport from any other U.S. Nonimmigrant Visa Waiver Program [VWP] member country) to understand whether depending on:

⚖️ The primary purpose for your intended travel; and

⚖️ The other requirements of the U.S. Nonimmigrant Visa Waiver Program.

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⭐️ You may qualify to travel to the U.S. without a visa for 90 days of less.

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❌ Permanent residents of Visa Waiver Program countries DO NOT qualify for the Visa Waiver Program unless they are also Citizens of VWP countries.

Assumptions

This Legal Wizard assumes you have an eligible Australian e-Passport that is valid for your intended period of stay~ in the U.S. (or e-Passport from any other VWP member country), have not yet applied for a U.S. Nonimmigrant Visa Waiver or a U.S. Visa, and are legally eligible for admission to the United States under section 212 (a) of the Immigration and Nationality Act.

~ Citizens of Australia are exempt from the otherwise applicable minimum 6-month passport validity rule which normally means that your passport must be valid for 6 months after your intended date of departure from the U.S.

Therefore, due to this special exemption, your Australian e-Passport is only required to be valid for your intended period of stay in the U.S.

Source: U.S. Customs and Border Protection

✅ List of Counties that Extend Passport Validity for an Additional Six Months After Expiration dated March 16, 2022.

U.S. Nonimmigrant Visa Waiver Program [VWP] Member Countries

Currently, 40 countries participate in the U.S. Nonimmigrant Visa Waiver Program:

Andorra, Australia, Austria, Belgium, Brunei, Chile^, Croatia^, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, the Netherlands, New Zealand, Norway, Poland^, Portugal, San Marino, Singapore, Slovakia, Slovenia, South Korea, Spain, Sweden, Switzerland, Taiwan and the United Kingdom*.

Eligible nationals of all member countries must obtain an ESTA (application fee $21 USD) prior to travel to the United States.

They must also have a passport that meets the requirements outlined here.

^ Member counties that have recently joined.

* Only United Kingdom passports notated with “British Citizens” and/or “with unrestricted right of abode in the United Kingdom” are eligible for VWP admission. Holders of passports indicating that the bearer is a British Subject, British Dependent Territories Citizen, British Overseas National or British National (Overseas) do not qualify for the VWP.

What if you don't qualify or a Visa Waiver is not suitable for you intended travel plans?

In the event that you don't qualify for a Visa Waiver, or a Visa Waiver is not suitable based on your intended travel plans (i.e., >90 Days or you need flexibility to change your Immigration Status) then in the alternative this Legal Wizard is also designed to help you:

⚖️ To decide which Nonimmigrant Visa category is the most suitable based on the primary intended purpose of your travel;

⚖️ What preliminary approvals and supporting paperwork are required;

⭐️ Provide helpful tips to make the Visa Application process smoother; and

⚖️ Assist you to make, pay for and progress your Visa Application.

Important Notes:

This Legal Wizard was designed and tested in December 2022.

The results from this Legal Wizard do not guarantee that you will be eligible under law to receive a U.S. Nonimmigrant Visa Waiver.  

You must meet all legal requirements of the U.S. Nonimmigrant Visa Waiver for which you are applying.

Intellectual Property Rights Notice

This Legal Wizard has been designed and developed with care 👨‍💻 by James D. Ford | Admitted to Practice as a Lawyer in Australia, New Zealand and California, U.S.A. CA State Bar Profile # 346590 | ⚖️ Principal Solicitor of Blue Ocean Law Group.

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© 2022-2023. Blue Ocean Law Group℠.