How can I re-enter the US after time in Canada on the VWP?

How can I re-enter the US after time in Canada on the VWP? - View Of Niagara Falls And The Cityscape At Night

I am an Australian citizen, currently studying in Canada.

I entered the United States In July 22nd for 3 days, where I stayed in Seattle before leaving to return to Vancouver. I then again entered the states on 11th of October and returned on the 18th of October.

On October 19th my original and first Electronic System for Travel Authorization (ESTA), expired. I was under the impression that if I was to travel into the United States again I would have to apply for another ESTA and start the 90 days again, which I was planning on around December the 10th. In addition to this I am flying into Los Angeles on the 17th of December 2014 (where I plan to travel around the USA until flying out of Los Angeles again on 18th of January back to Australia).

However, after speaking to friends and looking at the website I have become confused on what my next course of action should be.

I am told that I cannot apply for another ESTA and be granted another 90 days visit into the USA, whilst I am in Canada and thus not be able to take any of my flights.

What would be the most appropriate action so that I can take my flights leaving North America and also travel the United States?



Best Answer

Your ESTA did not expire 90 days after your first trip to the US. This is not how it works, and probably is why you are confused.

The ESTA is good for two years and multiple entries.

Approved ESTA applications are valid for a period of two years, or until the passport expires, whichever comes first, and multiple trips to the United States without the traveler having to re-apply for another ESTA. 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.

So, presuming you got it last July, you should be fine to transit the US in December and January.

Now, if you really did get your ESTA two years ago, then it is expired, and you only need to reapply before your next trip.

If you aren't sure, you can check the status of your ESTA at the DHS ESTA website.

(Also note that while Canadian citizens are exempt from ESTA, non-citizen Canadian residents are not. So it's irrelevant that you are studying in Canada; your Australian citizenship applies.)




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How soon can I re enter the USA on tourist visa?

There is no limit on the number of times you may enter the U.S. under either ESTA of a visa. However, if reentering the U.S. using ESTA soon after staying for nearly 90 days, you can expect to be questioned in detail by the immigration officer about the purpose of your visit.

Can you adjust status on VWP?

Under the statute, a Visa Waiver Program entrant \u2014 here defined as an alien whose last admission was under the Visa Waiver Program \u2014 is ineligible for adjustment of status unless he or she is seeking adjustment of status on the basis of being the immediate relative of a U.S. citizen.

When can I return to the US after 6 months stay?

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.

How do I reset my 90 day ESTA?

Where must you travel to in order to before returning on an ESTA to get a new 90 days? You must leave the whole North American region completely to reset this. You can't just pop to Canada or Mexico to try and reset the 90-day counter.



How Many Times Can I Enter the United States On The Visa Waiver Program (VWP/ESTA)?




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