I Want To Visit The US For 2 Weeks In The Summer, Do I Need A Visa?

The question of whether you need to apply for a B2 Visitor visa depends on a variety of factors, including your nationality, your personal circumstances, and the purpose of your travel.

At Gherson, we have seasoned expertise in assisting our clients with obtaining US Visas, and together with our partners we provide assistance to our clients with their US immigration matters. Should you require any assistance, please do not hesitate to contact us.

In response to the title of this blog, there are, broadly speaking, three categories of visitors:

1. Those who do not need visas prior to travelling to the US

If you are a citizen of Canada or Bermuda and you are visiting the US for less than 6 months, you are not required to obtain an ESTA or B2 Visitor visa prior to travelling, provided that you have not had adverse US immigration history and you are not otherwise ineligible.

• Those who fall under the Visa Waiver Program (“VWP”) and thus need to apply for an ESTA (Electronic System for Travel Authorisation) before travelling to the US

The US has reciprocal agreements with 40 other countries for visa free travel, including the United Kingdom. You can find the full list of countries here. If you fall within the Visa Waiver Program and intend to travel to the US for less than 90 days, you do not need to apply for a US B2 Visitor visa prior to travelling. However, you will need to apply for an Electronic System for Travel Authorisation (also known as ESTA) prior to travelling.

There are many factors which can affect your eligibility for the Visa Waiver Program, including the following:

• If you are a dual national of Iraq, Syria, Iran, North Korea or Sudan
• If you have travelled to or been present in Iraq, North Korea, Syria, Iran, Sudan, Libya, Somalia or Yemen at any time on or after 1 March 2011, unless certain exceptions applies
• You have previous criminal convictions or a communicable illness
• You have previous adverse immigration history
• You have outstanding traffic offenses/fines
• And so forth.

If you are found to be ineligible for an ESTA, you will need to apply for a B2 Visitor visa prior to travelling. If you have any doubts regarding your eligibility, we would encourage you to seek US legal advice. 

At Gherson, we have seasoned expertise in assisting our clients with ESTA applications. If you require our assistance, please contact us.

• Those who require a B2 Visitor Visa

If you are not a citizen of Canada or Bermuda and you are not otherwise eligible under the Visa Waiver Program, then you must apply for a B2 Visitor visa. The application process involves submitting an application form online, attending an interview at the US Embassy in the UK (unless you are eligible to apply via courier), and then, thereafter, waiting 21 working days (*US Embassy stated processing time) for your visa to be processed. Due to the effects of COVID-19, there is currently a large backlog of appointments at the US Embassy in London, stretching out to the end of 2022/early 2023. If you wish to apply for a US visa, you would need to take factors such as appointment availability, visa processing time (*not guaranteed), and passport delivery time into consideration.

At Gherson, we have seasoned expertise in assisting our clients with B2 Visitor visa applications. If you require our assistance, please contact us.

*If you are intending to travel to the US, we would urge you to check the most up-to-date guidance on the US Embassy’s website before you travel as the rules change frequently and additional rules are applicable to many sub-categories of travellers, including those from Guam, Chinese nationals who hold 10-year B1/B2 visitor visas, and so forth.

If you would like more assistance, do not hesitate to contact us for advice, send us an e-mail, or, alternatively, follow us on Twitter, Facebook, or LinkedIn to stay-up-to-date.

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication, it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

©Gherson 2022