Travelling to Canada after 90 days in USA

Travelling to Canada after 90 days in USA - High Rise Buildings Under Blue Sky

I am doing a ski season in Lake Tahoe (not working), or at least 90 days of it. I then want to fly to Canada for a few weeks to visit friends before flying home to Australia.

I am an Australian citizen, who will be entering USA on the VWP. My question is, if my return flight to Australia is out of Canada, how long can i spend in Canada, if I've already spent 90 days in America?



Best Answer

As an Australian, you do not need a visa for Canada, and you can stay for up to six months. This is regardless of whether you visited the US before and how long you stayed; they're separate countries, after all.

Your problem is going to be returning to the United States from Canada, because once you enter the US on a visa waiver, your "90 day" clock does not stop when you visit Canada or Mexico. You are thus quite likely to be denied entry to the United States, even if you have a connecting flight to catch.

Three possible ways around this:

  1. Fly to the US via Canada, so you don't need to return.
  2. Visit Canada before going to the US, since the VWP clock only starts ticking after you enter the US for the first time.
  3. Apply for a transit visa, so you can pass through the US without hitting the VWP limit. Rather painful (it's pretty much the same process as getting a "full" visa from a non-VWP country) and expensive too though.

And I hope you have a really good explanation for what you're going to be doing in Lake Tahoe for an entire ski season without working, because that plan is going to raise a few eyebrows at Immigration otherwise...




Pictures about "Travelling to Canada after 90 days in USA"

Travelling to Canada after 90 days in USA - Flag of Canada
Travelling to Canada after 90 days in USA - The Canadian Flag Hangs Above A Suspension Bridge
Travelling to Canada after 90 days in USA - Red Ceramic Mug



When can you visit the U.S. again after 90 days?

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.

What happens if you stay more than 90 days in USA?

If you change your plans during your trip and plan on staying for more than 90 days, you cannot obtain the needed Visa while in the USA. You will have to return home and only then can you apply for the Visa and travel back to the USA.

How long do you have to leave the U.S. before returning?

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.

What happens if I stay longer than 180 days in USA?

If you overstay by 180 days or more (but less than one year), after you depart the U.S. you will be barred from reentering for three years. If you overstay by one year or more, after you depart the U.S., you will be barred from reentering the U.S. for ten years.



How to Travel from US to Canada (and back!) | ArriveCan, Airport Clearance, and COVID-19 Testing




Sources: Stack Exchange - This article follows the attribution requirements of Stack Exchange and is licensed under CC BY-SA 3.0.

Images: ennvisionn, Social Soup Social Media, Enrique Hoyos, Andre Furtado