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As of Thursday, February 21, 2002, the US Immigration and
Naturalization Service ("INS") will remove Argentina from
the list of countries participating in the US Visa Waiver
Program ("VWP"). Citizens of countries participating in the
VWP are eligible to apply for temporary visitor entry to the
United States for periods of up to 90 days, without having
to first obtain a "B-1" or "B-2" visitor's visa from a US
Consulate abroad. Argentina had been included in the US Visa
Waiver program since 1996, but INS will soon publish an interim
regulation terminating the country's participation. The INS
cited its reasons as Argentina's recent economic collapse,
and increasing incidents of Argentine nationals attempting
to overstay their 90-day period of admission under the VWP.
As a result of Argentina's "de-listing", all Argentine nationals
must now apply for a "B-1" or "B-2" visa from a US Consulate
abroad before making any U.S. visit, regardless of how short
the duration. This is true even for Argentine nationals who
have made prior successful U.S. visits under the VWP. Argentine
nationals currently present in the United States under the
VWP may remain in the United States until the time already
accorded to them upon entry (indicated on the green "I-94W"
cards placed in their passports).
The INS has not yet announced how they will handle the arrival
of Argentine nationals who attempt VWP entry immediately after
February 21. As a result, all Argentine nationals contemplating
short visits (whether for business or pleasure) to the United
States should be immediately apprised of this situation.
To view the US Justice Department press release on this matter,
please click the hyperlink below:
http://www.usdoj.gov/opa/pr/2002/February/02_ins_090.htm
Berry Appleman & Leiden will continue to post updates regarding
this recent change in law, as the story develops.
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