Kerry’s visit to Argentina - Diego Sardone

KERRY’S VISIT: CLOSER TO ARGENTINA’S ENTRY INTO THE VISA WAIVER PROGRAM? Por: Diego Sardone1 In the 80’s, the Scorpions sang, “Did you ever think/ That we could be so close, like brothers/The future's in the air/I can feel it everywhere/Blowing with the wind of change.” 2 The winds of change could certainly be felt in the air of Buenos Aires, Argentina on August 4, 2016. It was a sunny day with little wind and no clouds. This was going to be another historic day for Argentina considering US President Obama’s arrival in March. At approximately 8:10 am, I cleared the security check of the Sheraton Hotel, located at San Martin 1225. I was moments away from witnessing John Kerry, U.S. Secretary of State, address a crowd of 200 entrepreneurs, businessmen, and lawyers.

At about 9:25 am, Kerry arrived and delivered a 40-minute speech discussing the new opportunities between Argentina and United States. Kerry detailed the four areas where Argentina and the US can grow together. (1) Education, (2) Commerce and Investment, (3) Entrepeneurs and Small Businesses, and (4) Renewable Energy. In all areas, Kerry believes that there is vast room for rapid expansion.

Kerry announced, almost like a side note, that Argentina would be added to the Global Entry Program. What is the Global Entry Program? Is it the same as the Visa Waiver Program, where Argentina was a member from 1996 to 2002? No. Will

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Diego Santos Sardone, Esq. is an attorney licensed to practice law in New York and New Jersey. Mr.

Sardone is partner at CSA Attorneys, Firm with Offices in Buenos Aires, Argentina and New York, USA. 2

“Winds of Change”. Crazy World. CD. 1990. Island Def Jam Music Group.

Argentine nationals still need a B1/B2 visa to enter the United States? Yes. In a nut shell, Global Entry allows your time at the airport to be much quicker, but it is not in any shape or form a “visa immunity” for participating members. Global entry is as follows: (1) GE program member arrives at participating airport, (2) Member skips the routine US Customs checkpoint questioning, (3) Member then proceeds to an automated kiosk, (4) At the automated kiosk, the Member inserts their passport or permanent resident card, provide fingerprint scans, and answer customs declaration questions.3 That’s it. Nothing more than a smoother ride at the airport.

It is imperative to note that there is no correlation between the Global Entry Program and the Visa Waiver Program. Consider the fact that “Mexican Nationals” are eligible for the Global Entry Program.4 However, Mexico is not a member of the Visa Waiver Program.5 Moreover, the denial rate of B1/B2 visas at US Embassies in Mexico is over 20%.6 The necessary steps are being taken to eventually incorporate Argentina into the Visa Waiver Program. Earlier this year, Argentina eliminated the “reciprocity fee” for

“Which TSA program is best way to cut screen time?” Driscoll, Ron. January 23, 2016. www.bostonglobe.com Retrieved August 12, 2016.

4 “Eligibility for Global Entry Program”. US Customs and Border Protection. www.Globalentry.gov Retrieved August 11, 2016.

5 Adjusted Refusal Rate-B Visas Only-By Nationality-By Fiscal Year 2015. Dept. of State. https://travel.state.gov/content/dam/visas/Statistics/Non-ImmigrantStatistics/RefusalRates/FY15.pdf. Retrieved August 12, 2016.

6 Adjusted Refusal Rate-B Visas Only-By Nationality-By Fiscal Year 2015. Dept. of State. https://travel.state.gov/content/dam/visas/Statistics/Non-ImmigrantStatistics/RefusalRates/FY15.pdf. Retrieved August 12, 2016.

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U.S. Citizens visiting Argentina.7 In May of 2016, The U.S. Embassy of Buenos Aires launched the Interview Waiver Program (“IWP”) for eligible Argentinian Citizens.8 This program permits Argentinian citizens requesting a B1/B2 visa to be exempt from the consular personal interview if they meet the following requirements: (1) have an Argentian passport, (2) be under the age of 16 or over the age of 66 at the moment of requesting the visa, (3) no prior arrests or criminal records, and (4) never infringed any U.S. immigration law.9 Entry into the Visa Waiver Program takes time, as Congress must first approve Argentina’s enrollment. It is imperative that Argentines not listen to the media misleading headlines/reports regarding this issue. Recent headlines stated, “THE (Argentinian) GOVERNMENT NEGOTIATES WITH THE US TO BE ABLE TO TRAVEL WITHOUT VISA: Conversations Have Already Begun. Hope to Finalize Matter By The End of the Year,”10 or after the Global Entry Program Announcement, “HOW WILL THE NEW SYSTEM OF ENTRY FOR ARGENTINIANS INTO THE

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Reciprocity Fee for US Citizens. Embassy for Argentina in the United States of America. http://www.embassyofargentina.us/en/consular-section/reciprocity-fee-for-us-citizens.html.

Retrieved August 11, 2016.

8 “Mas Facilidades Para Sacar La Visa Para Los Estados Unidos. May 16, 2016. U.S. Embassy in Argentina. https://ar.usembassy.gov/es/mas-facilidades-para-sacar-la-visa-estados-unidos.

Retrieved August 11, 2016.

9 “Mas Facilidades Para Sacar La Visa Para Los Estados Unidos. May 16, 2016. U.S. Embassy in Argentina. https://ar.usembassy.gov/es/mas-facilidades-para-sacar-la-visa-estados-unidos.

Retrieved August 11, 2016.

10 “El Gobierno negocia con EE.UU. para que se pueda viajar sin visa.” Lynch, Guido Carelli.

January 20, 2016. http://www.clarin.com/politica/Gobierno-negocia-EEUU-puedaviajar_0_1508249172.html. Retrieved August 12, 2016.

UNITED STATES BE.”11 With the initial wave of misleading articles, U.S. Ambassador Noah Mamet was able to dispel the rumors and informed the Argentinian press that entry into the Visa Waiver program was a “long process”.12 Unfortunately, not everyone was informed of Mamet’s comments. As a U.S. immigration attorney with an office in Buenos Aires, I frequently receive calls asking if Argentinians still need visas to enter the United States because they heard something on the news. “I heard the Obama visit meant Argentinians do not need visas anymore,” “I read on the news that Argentina can go into the United States like it was in the 90s,” or “Do you know when visas will be eliminated for Argentina?” are some of the frequent calls that I receive on a daily basis. Argentina is close to the VWP, but it is not there yet.

A friendly relationship with Washington D.C. has just been “rekindled” after twelve years of having a non-existent relationship. We must let the Winds of Change take their course.

“Cómo será el nuevo sistema de ingreso de los argentinos a los Estados Unidos”. August 4, 2016. http://www.infobae.com/sociedad/2016/08/04/como-sera-el-nuevo-sistema-de-ingreso-delos-argentinos-a-los-estados-unidos/. Retrieved August 14,2016.

12 “Mamet descartó que se elimine la visa para los argentinos que viajen a EE.UU. en el corto plazo”. March 19, 2016. http://www.lanacion.com.ar/1881346-mamet-descarto-que-se-eliminela-visa-para-los-argentinos-que-viajen-a-eeuu-en-el-corto-plazo. Retrieved August 14, 2016.

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