Going between Canada and America with the visa waiver program [duplicate]
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We are on our Honeymoon for 6 months. We spent two months in South America and then came to the states. Our 90 days is nearly up and after it is; we are planning on spending the last three weeks of our honeymoon in Vancouver Canada.
The problem is that our flights home go back through America.
So we have spent 90 days in the states under the Visa Waiver Program. Then three weeks in Canada; and we will have to come back through America to get home. Our problem is that America seems to count going to Canada as part of the 90 days:
From the CBP website:
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. There is no set requirement for how long you must wait between visits.
We only want to come back to the States for 1 day in transit to get our flight home but are worried that the border patrol won't let us back in because we have only been to Canada and not back to our country of residence.
Do you think this is a possibility? Will they let us back in if it is just to fly home?
We have tried to change our flights to avoid coming back through the States but have been unable to do so.
Best Answer
The government documentation covers your explicit scenario. You can come back in if the CBP officer believes you are not just trying to reset your visa. Having a flight booked for one day's time should be sufficient.
If you go to Canada and Mexico or the Caribbean, and while you are there, your initial 90-day period of entry expires, but you need to come back in to the U.S. to fly home, you may encounter a problem. The terms of the VWP are very clear - it is only to be used for occasional, short visits to the U.S. If the CBP Officer thinks you are trying to "reset" the clock by making a short trip out of the U.S. and re-entering for another 90-day period, you can be denied entry. (If that happens, you will have to obtain a visa for any future travel to the U.S.) In order to be re-admitted to the U.S. shortly after a previous admission expired, you will have to convince a CBP Officer that you are not trying to "game" the system.
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How many times can I use the Visa Waiver Program?
There is no limit on the number of times you may enter the U.S. under either ESTA of a visa.Is the Visa Waiver Program multiple entry?
Each approved ESTA application generally is valid for two years and allows for multiple visits to the United States within that period without having to apply for another ESTA approval. Travelers whose passports will expire in less than two years will receive an ESTA valid until the passport's expiration date.Can I travel to the U.S. with a waiver?
US Waivers enable a foreign national to travel to the United States with a criminal record that would otherwise render them ineligible to cross the border. A US Travel Waiver requires a person to get fingerprinted in order to obtain their Royal Canadian Mounted Police or RCMP criminal file via Form C-216C.Can I enter the U.S. from Canada with an ESTA?
ESTA - Do I need ESTA to enter the United States by land? If you are a landed immigrant of Canada and a citizen of a country that participates in the Visa Waiver Program (VWP), and you enter the United States by land, the Electronic System for Travel Authorization (ESTA) is not required.About Visa Waiver Program | How to travel in US without a visa | Visa Waiver Program USA 2021 | DHS
More answers regarding going between Canada and America with the visa waiver program [duplicate]
Answer 2
In theory it is possible! I spent exactly 90 days in the US with a ESTA visa waiver (also coming from South America), then I traveled for about 3 weeks in Canada and entered the US with a flight ticket that left 2 weeks later from NYC - there was no problem at all coming back into the country, just make sure you have your tickets ready to show at the border crossing. Canada and the US are NOT considered as one country by the US immigration. Of course, it is always up to the officer in charge to let you in or not, but as I said, I didn't have any problems at all.
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Images: Tim Gouw, Ryutaro Tsukata, Tim Gouw, Sasha Prasastika