[link|http://travel.state.gov/vwp.html#7|Visa Waiver Program FAQ].

What Do I Need to Enter the United States under the VWP?

  • To enter the U.S. under the VWP, travelers from participating countries must:

  • Be a citizen of a Visa Waiver Program country;

  • Have a valid passport issued by the participating countrythat is valid for six months beyond your intended visit; Have a machine-readable passport (MRP), following the required due dates for MRPs explained above;

  • Be seeking entry for 90 days or less, as a temporary visitor for business or pleasure. You will not be permitted to extend your visit or change to another visa category under the VWP.

  • Visitors for Business - Here are types of activities permitted as a business visitor:

    - Participating in commercial business transactions which do not involve gainful employment in the U.S, for example, negotiating contracts or consulting with business associates You cannot receive a salary or wages from a U.S. source.

    - Participating in scientific, educational, professional or business conventions, conferences or seminars;

    - Conducting independent research;

    - Appearing as a witness in a court trial.

    Visitors for Pleasure - While this is not a complete listing, here are types of activities permitted:

    - Visiting friends and relatives, touring or vacationing, visits for rest;

    - Visits for medical treatment.

    - Participating in conventions, conferences or convocation of fraternal or social organizations;

    - Amateurs participating in sports, musical, and other events or contests, who will receive no money or other remuneration in return;

  • If entering by air or sea, have a round-trip transportation ticket issued on a carrier that has signed an agreement with the U.S. government to participate in the VWP, and arrive in the United States aboard such a carrier.

  • Hold a completed and signed Nonimmigrant Visa Waiver Arrival-Departure Record, Form I-94W, on which he/she has waived the right of review or appeal of an immigration officer\ufffds determination about admissibility, or deportation. These forms are available from participating carriers, from travel agents, and at land-border ports-of-entry.

  • You must have no visa ineligibilities. This means if you have been refused a visa before, have a criminal record or are ineligible for a visa you cannot travel on the Visa Waiver Program without a visa. You must apply for a visa to the U.S.

    Entry at a land border crossing point from Canada or Mexico is permitted under the Visa Waiver Program.


  • It seems to me, from my reading of this but IANAL, that he should have been admitted. But since he (likely?) signed the I-94W, he signed away his appeal rights. He was lucky that he had enough friends to get the decision reversed. Most people wouldn't be so lucky.

    Cheers,
    Scott.