Got a new stamp under VWP while re-entering the US via Canada while old stamp was still valid
I have an ESTA and entered the US on the 14th of March. Under ESTA I have to leave the country in 90 days from that date. During my travels I flew to Vancouver as well and stayed in Canada for 3 weeks. Recently I have flown back into the US. At the border control in Vancouver the officer apparently didn’t check my previous stamp in my passport and gave me a complete new one for 90 days, meaning I can now stay longer. Is my thinking correct? I also checked the I-94 website and it told me the same thing.
Best Answer
You can stay until your new "until" date. The visa waiver program regulations specify at 8 CFR 217.3(b) that an officer "may" readmit you for the balance of your previous period of admission. It is not required by regulation or statute. The text of the regulation:
(b) Readmission after departure to contiguous territory or adjacent island. An alien admitted to the United States under this part may be readmitted to the United States after a departure to foreign contiguous territory or adjacent island for the balance of his or her original Visa Waiver Pilot Program admission period if he or she is otherwise admissible and meets all the conditions of this part with the exception of arrival on a signatory carrier.
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Do they stamp your passport when you enter the US?
At the port of entry, upon granting entry to the United States, the Department of Homeland Security, U.S. immigration inspector, provides you an admission stamp or paper Form I-94, Arrival/Departure Record in your passport.Is Canada a VWP country?
Permanent residents (landed immigrants) of Canada must have a nonimmigrant visa unless the permanent resident is a national of a country that participates in the Visa Waiver Program (VWP), meets the VWP requirements, and is seeking to enter the United States for 90 days or less under that program.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.Can I renew my ESTA while in the US?
Whilst you do not need to apply for a new ESTA if your current one expires whilst in US, you will need to apply for a new one if you would like to visit the U.S. again after your departure.Inherited stamp collection? - What to do!
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