Entering the US on a tourist visa after expiration of E3D

I was wondering whether anyone could provide any advice on re-entering the US on a tourist visa (via the Visa Waiver Program/ ESTA) after the expiration of an E3D visa?

My E3D visa expires on the 6th December. I left the US on 1st October to return to Sydney for an extended visit home, and my return flight back to the US is booked for 22nd December.

I was planning on applying for a new E3D while in Sydney. However there have been significant delays with my husband’s employer (we are still waiting for a new LCA to come through – ahhhh!). Which means that although my husband will be able to get his new visa in time, I am left with a very small window in which to get my new visa before my flight on 22nd December (in Sydney currently the processing time is 10 days).

For various reasons, I would REALLY like to avoid changing my return flight to the US on the 22nd December if I can avoid it, so am trying to establish a potential plan B.

Does anyone know whether it would be possible to return to the US on a tourist visa? I would be able to show immigration:

A booked onward flight (return ticket from NY to Bahamas in late January 2015)
My husband's new visa
My visa application
Appointment confirmation at the US consulate in the Bahamas where I would process my visa

Best Answer

I see no reason why you should not be able to use ESTA - you have to however fulfill their terms, such as not change status, not work, leave the country, etc. Since you're not planning to work during your US visit and you're going to leave to Bahamas, ESTA should work for you.

The only thing you may look into is when your visa is granted. AFAIK, you cannot use ESTA if you already have another visa (not just in your passport, but also in USCIS system), so this could become a problem.

Have you contacted the embassy?

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Can I stay in the US after my tourist visa expires?

If you overstay by 180 days or more (but less than one year), after you depart the U.S. you will be barred from reentering for three years. If you overstay by one year or more, after you depart the U.S., you will be barred from reentering the U.S. for ten years.

Can I re enter the US with a valid I-94 and expired visa?

Many nonimmigrants will need to reapply and be reissued visas to reenter the U.S. when their existing visas have expired, even if they are in possession of valid admission stamp or paper Form I-94, because automatic revalidation applies to limited categories of travelers.

Are we allowed to enter US with less than 6 months expiry date?

As a general rule, passports must be valid for six months beyond the date the traveler will exit the United States. However, the United States has signed agreements with a number of countries to waive this requirement.

How long can I stay in US after I-94 expires?

Staying more than one year beyond the I-94 expiration date will cause the foreign national to be barred from reentering the U.S. for a period of 10 years.

BEING LEGAL IN THE U.S EVEN AFTER YOUR VISA EXPIRES

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