Entering USA under VWP for 3 weeks and continuing to CAN for a 3-month stay?
Similar questions were asked, but they were still different from my situation. I wanted to enter USA under VWP stay there for about 3 weeks, cross over to CAN where I would stay for 3-3.5 more months and then return back to country of residence from CAN. Is it necessary to apply for tourist visa for US? If the time altogether was less than 90 days, would it be OK? Alternatively, what if I flew to Costa Rica after staying in USA and then from CR straight to CAN? I don´t feel like going thru visa application procedure as it would cost money and would be tight with time. Many thanks
Best Answer
I wanted to enter USA under VWP stay there for about 3 weeks, cross over to CAN where I would stay for 3-3.5 more months and then return back to country of residence from CAN.
If you follow the above plan, then you will not overstay your stay in the USA under the VWP. The USA would consider you "in" the country for only your initial 3 weeks. As long as you are eligible for the VWP, you do not need a tourist visa.
You would only encounter a problem if you tried to re-enter the USA after your 3+ month stay in Canada. In this case, your entry to Canada would not reset the VWP 90-day clock.
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How long do I have to leave America before I can re enter?
There is no set period you must remain outside the USA before returning but: "When traveling to the U.S. with the approved ESTA, you may only stay for up to 90 days at a time - and there should be a reasonable amount of time between visits so that the CBP Officer does not think you are trying to live here.Can I come back to the US after staying for 6 months?
Maximum Period of Authorized Stay Therefore, a person who stays for six months and, instead of applying to extend their visit inside the U.S. if they are a visa holder or a Canadian, departs and attempts to return to the U.S. in less than six months from the departure date, will be barred from re-entry for six months.Can I stay in USA for 3 months?
The only way to stay in the US for more than 90 days is to obtain a B1/B2 visa, which will allow you to stay up to 6 months. However in general the US is relatively strict regarding granting B1/B2 visas to people who are otherwise eligible to use the Visa Waiver Program (which allows for stays up to 90 days).What is the length of time in the US for a visa waiver?
It only allows you to travel to the United States under the terms of the Visa Waiver Program (VWP), which only allows you to stay in the United States for 90 days or less.What is the Visa Waiver Program in USA | ESTA | Stay for 90 Days in the U.S.A | Zavala Texas Law
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Answer 2
You appear to be confusing two separate things.
- The VWP allows you to make a visit of up to 90 days to the USA.
- If you go to another country in North America and then go straight back to the USA, it counts as a continuation of the original visit, not a new visit. To start a new visit, you must leave North America before returning to the USA. In this context, "North America" means the USA, Canada, Mexico and the Caribbean.
You are covered entirely by point 1: you will be in the USA for less than 90 days, then you will leave and not come back. You can stay in Canada for as long as Canada will allow you to and the USA doesn't care, as long as you don't go back to the USA without leaving North America first. (And you don't plan to do that: you plan to return home after visiting Canada.)
Point 2 says that you cannot spend three weeks in the USA, then spend three months in Canada, and then go back to the USA. The USA treats that as a continuation of your first visit, which would make it longer than 120+ days. Since you're not planning to do this, it doesn't affect you.
Coincidentally, the US Customs and Border Patrol website (the same page I linked above) specifically uses Costa Rica as an example. If you did fly to Costa Rica, that would reset the clock and your return to the USA would count as a separate visit. However, US immigration is very sensitive about people trying to game the system by spending 90 days in the USA, leaving briefly and then trying to return.
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