US Federal

Can I get a visa waiver to visit the US for tourism?

38 countries
VWP-participating nations
90 days
Max stay under VWP
ESTA required
Pre-travel authorization
No extension
VWP stays cannot be extended
The Short Answer

Yes, you may be eligible for the Visa Waiver Program (VWP) if you are a citizen of a participating country, have an e-passport, and meet other requirements — but VWP eligibility depends on whether you are deemed inadmissible under U.S. law.

What the Law Says

The Visa Waiver Program (VWP) allows citizens of designated countries to travel to the U.S. for tourism or business for up to 90 days without a visa — but only if they are not otherwise inadmissible under federal immigration law.

Eligibility for the VWP is governed by separate statutory authority (8 U.S.C. § 1187), but admission under the VWP remains subject to all grounds of inadmissibility in 8 U.S.C. § 1182. That means even if you’re from a VWP country and have ESTA approval, you can still be denied entry if you fall within any category listed in § 1182 — such as having a communicable disease, criminal history, security concerns, or prior immigration violations.

Section 1182(a)(1)–(10) lists ten broad categories of inadmissible aliens. Importantly, the statute states that 'any alien who is inadmissible under the following paragraphs is ineligible to receive a visa and ineligible to be admitted to the United States.' This applies equally to visa applicants and VWP travelers.

Statutory Text

Any alien who is inadmissible under the following paragraphs is ineligible to receive a visa and ineligible to be admitted to the United States.

— Immigration and Nationality Act, 8 U.S.C. § 1182(a) — Inadmissible aliens

What to Do

1

Confirm your country is on the current VWP list (38 countries as of 2024)

2

Obtain a valid e-passport with embedded electronic chip

3

Apply for ESTA authorization online at least 72 hours before travel

4

Answer all ESTA questions truthfully — misrepresentation triggers § 1182(a)(6)(C)(i)

5

Be prepared to show return/onward travel, sufficient funds, and ties to home country at U.S. port of entry

Sources

statuteImmigration and Nationality Act, 8 U.S.C. § 1182 — Inadmissible aliens

Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.