Travel Exemption to USA and ESTA Visa - timing question

[It’s Not You It’s Me]

Hope this is the right forum

If you get a travel exemption for compelling and compassionate reasons to travel to the USA as an Australian passport holder as long as you stay out for 3 + months - how does that work with an ESTA visa as it is my understanding you can only be in the USA for 90 days. Once your exemption is granted can you change your flights to come back say in 89 days to comply with US immigration?

 

[Lynda2475]

Given the risk around flight cancellations or changing arrival caps, it would be wise to get an actual visa for the USA (say 6 months) rather than assume you can return within ESTA period.

In fact one would think possession of a visa (or US passport) that allows you to stay in the USA for > 3 months would aid your exemption approval, as would indicate genuine reason to need to be away > 3months.

 

[It’s Not You It’s Me]

Thank you for the reply. I am going to apply for an I130 visa and was advised if I apply for a different visa from an ESTA in the interim and get denied I would then be ineligible for any type of visa. I agree with what you are saying - will have to put more research. Thank you

 

[tinkybelle]

has anyone here been able to travel to USA for business reasons I have a client needing to inspect a site in USA we have a booking inplace but I see the application to leave oz is a 3 mth one he only needs to be there for 3 weeks. what is the story here??any advice appreciated.

 

[justinbrett]

has anyone here been able to travel to USA for business reasons I have a client needing to inspect a site in USA we have a booking inplace but I see the application to leave oz is a 3 mth one he only needs to be there for 3 weeks. what is the story here??any advice appreciated.

The 3 month rule is just one of the categories for exemption:

• your travel is as part of the response to the COVID-19 outbreak, including the provision of aid
• your travel is for your business/employer
• you are travelling to receive urgent medical treatment that is not available in Australia
• you are travelling outside Australia for a compelling reason for three months or longer
• you are travelling on compelling or compassionate grounds
• your travel is in the national interest.

 

[justinbrett]

Hope this is the right forum

If you get a travel exemption for compelling and compassionate reasons to travel to the USA as an Australian passport holder as long as you stay out for 3 + months - how does that work with an ESTA visa as it is my understanding you can only be in the USA for 90 days. Once your exemption is granted can you change your flights to come back say in 89 days to comply with US immigration?

If you do find yourself in a position where you will overstay your visa, leaving the North American continent and returning will reset your 90 days. Central America is OK but not Caribbean.

 

[Nee24]

I'm in some groups on facebook with other people separated from their partners and many have mentioned that the US is currently extending ESTAs for people who have not been able to depart during COVID as long as you apply for the extension before the 90 days has ended.
Unfortunately travelling to Canada, Mexico or the Caribbean still counts towards the 90 day ESTA. They changed this recently.

Look for the group on fb called Australian Travel & Exemption Support.

I've just submitted an exemption request to travel for my business/employer. Wish me luck.