Transit in LA after 90 days in North America under VWP/ESTA
I am from NZ and have spent 90 days in the USA with an ESTA visa waiver, and I am going to Canada before returning to NZ. My return flight is from LA but I have already used my 90 days of my ESTA and have not technically 'left' North America (Canada apparently doesn't count). My question is, how do I catch my return flight from LA? Can I get another ESTA even though I haven't left North America?
Best Answer
From this related question - Do I need a US visa to transit (or layover) through an American airport?
Unlike many other countries, US airport do not have any form on physical immigration controls when you are departing the country on an international flight. In fact, in most airports there isn't even a concept of an "International" terminal/gate, with the same gates frequently being used for international flights and domestic flights.
As a result of this they can't enforce the concept of a 'transit' passenger - once you're in the departure area, even if you got there on the pretext of catching another international flight out of the country a few hours later, there's nothing to stop you boarding a different domestic flight, or even simply walking out of the airport!
As you have already used up the days granted under the VWP, you will not be granted entry any more under the VWP program (until you return to your country of residence). Don't bother trying to 'get another ESTA' - that will just effectively renew the ESTA (i.e. the pre-authorization that will likely, but not guarantee, entry under the VWP program), but it won't affect the current conditions of your stay, which is governed by the VWP program.
If you're leaving Canada for the US by plane, you will be pre-cleared in Canada, and therefore you won't even be able to board the plane to the US, even if you manage to convince the airline staff to let you check-in. If you're leaving by road, you'll probably be knocked back at the border. I assume something similar will happen by sea as well.
Consider getting a transit visa (http://travel.state.gov/content/visas/english/other/transit.html) to permit you to transit through the US to get home. It will take time and (a bit of) money though!
Alternatively, assuming you're flying Air NZ, you could try switching your LAX-AKL return flight to YVR-AKL, which will allow you to bypass the US altogether.
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What happens if you stay longer than 90 days on ESTA?
You must apply for a visa (B2 visa) if you want to stay in the U.S. for more than 90 days, no matter what the reason. You must apply for a visa (B1 visa) if you are traveling to the U.S. for employment or business purposes involving remuneration, even if not staying longer than 90 days. 3.Can I transit through USA with ESTA?
A transit in the USA is only allowed if you possess an ESTA , a visa or an American passport. You are already checked for these permits when you check in for your flight to the USA, based on your passport number.Can I stay more than 90 days with ESTA?
If you plan to stay longer than 90 days, you must obtain a visa at the nearest U.S. Embassy or Consulate. If you obtain a new passport or change your name, gender or country of citizenship, you will be required to apply for a new travel authorization.Can I travel to the US with ESTA Covid?
All non-immigrant visa or ESTA air passengers must show a negative COVID-19 test taken no more than 1 day before travel to the United States in addition to being fully-vaccinated.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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Images: Uriel Mont, Aleksey Kuprikov, Ketut Subiyanto, Uriel Mont