Using a J1 visa, then re-entering on an ESTA
If I travel to the USA on an au pair J1 visa, but don't complete the year of the contract, I understand that I have to leave the country immediately and forfeit the 30 day grace period that comes at the end of the year. However if I leave and go to Canada or Mexico and then re-enter on an existing ESTA that I have that is still valid, could I stay for 90 days? I am a Brit.
Best Answer
Technically, yes you can - with one major condition which is that anyone entering the US under the Visa Waiver Program (VWP) by air must hold an onward ticket that takes them outside of North America. ie, you will require an onward ticket to the UK (or somewhere else) in order to re-enter the US on VWP. If you are entering by land then this is not technically a requirement, but not having such a ticket can still be used against you.
As with all border crossings - especially when using the Visa Waiver Program (VWP) - your entry is at the discretion of the immigration officials.
If they believe that you are entering the US for purposes that are not allowed under the VWP (eg, if they suspect you are intending to work), or if they believe that you are likely to not leave within 90 days, then they can refuse your entry into the US, and when entering using the VWP there is no way to appeal such a decision.
The fact that you are leaving once your J1 is no longer valid is likely a positive sign (it shows that you're not trying to break the rules) so I suspect that you will be fine doing this - but be ready to answer questions regarding what you intend to do in the US, and how/when you intend to leave, and as mentioned above be ready to show proof of onward travel which is mandatory if entering by air, and still probably a good idea if entering by land.
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Can I leave and reenter the US on a J1 visa?
Generally, a J-1 visa holder may not travel outside the U.S. for more than 30 days without being considered to have \u201cabandoned their program\u201d. Any exceptions must be approved, in advance, by your J-1 visa sponsor.Can you enter the US multiple times on an ESTA?
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.Do I need an ESTA if I have a J1 visa?
Individuals traveling on valid visas are not required to apply for ESTA.Can I apply for tourist visa after J1 visa?
Application process In order to change your J-1 status to B-1 or B-2 status (Visitor for Business or Pleasure), you have to file Form I-539, Application to Extend/Change Nonimmigrant Status, and submit all necessary documents.Does ESTA guarantee your entry into the United States
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