Every year, thousands of Italians who, perhaps through old age and fatigue of winter, or through youthful exuberance to see the world and meet like-minded global citizens, wish to make a long term entry to the United States. Some seek to work, some to study, and countless others come to reset and take in a new cultural experience.
Yet, despite the ability to travel without a visa through Italy’s participation in the Visa Waiver Program, the United States government severely limits a visa waiver visitor’s ability to work, stay longer than 90 days, or even make multiple entries in the same calendar year.
Specifically, a visa waiver entrant is given 90 days to enter and visit the United States as a tourist. This entry gives no right to work, without exception, and even forbids volunteer work or attendance of public institutions of learning, whether for children or adults.
Moreover, there is no ability for a visa waiver entrant to extend their stay beyond 90 days, even if approved for a different visa – in all cases, except rare instances of marriage to a US citizen, applicants must return to a consular post in Italy before reentering pursuant to their new visa.
Finally, visa waiver entry is essentially limited to 180 days per year and does not reset by traveling to a contiguous country or the Caribbean. What this means is, if you stay 50 days, take a cruise to the Bahamas, and reenter, you will still be within the 90 day entry period. Further, if you leave on day 90, go simply to Canada and try to reenter, you will not be permitted entry as your time period did not reset.
So, how does an Italian stay for longer? For visitors, such as retirees or individuals on a work or religious sabbatical, the easiest way is often to get a physical B Tourist visa. Rare for Italian nationals, the physical visa nonetheless affords the opportunity for six month stays, extensions past that period, and even the potential for seamless transition to work or student status without having to leave.
So, Italians are smart to simply think before they travel – taking into account not only short term goals, but also those in the medium and longer term before they plan their trip. Even better, speak to a qualified immigration lawyer and fully understand your options before you buy your tickets.
Author Cory Caouette ccaouette@bsis.com Founded in 1977, the Los Angeles Italian-American Lawyers Association has been proudly serving the Los Angeles Italian-American community for thirty-seven years! Please keep us in mind for all your legal needs. We can be found online at www.iala.info, by e-mail at iala07@yahoo.com, or by mail at PO Box 712057, Los Angeles, CA 90071.
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