US Visa muddle

[daydreamer]

Hello all

I have been reading the gazette for many years and felt more and more incompetent and not dared to post before. Anyway, I do need some help now so hopefully, someone can help out.

I am an Australian citizen and my husband is a British citizen. We are going to Canada on December 30th on QF 11 from Sydney and changing to QF3245 at LAX to Toronto. On March 11th we go from Toronto to DCA and finally leave the US via JFK on April 2nd on QF12.

I am sure I have done everything wrong acquiring the various tickets but it is done and that is it.

My question at the moment is whether we need visas or not. If we take the length of the journey , it is 98 days so regulations would indicate that we do. However, the Flight from LAX to YYZ would, I think, be an international flight. I don't see why we would go through passport control and customs since we are not actually entering the US but staying airside the whole time, I think?

I have no problems with getting the visas but the thing which has me a bit concerned is that on October 4th we go to Europe on an APT cruise and will be back in Australia in late November. Will I have time between early August and late September to get visas, and the return of our passports? How can I expedite this process?

I appreciate the time and effort from anyone who reads and answers.

All the best

Margaret

 

[Hvr]

Hi daydreamer and welcome to AFF.

Yes you do need to get an ESTA because you are entering the USA. You will go through immigration and customs even if just to depart minutes later. You cannot do an international transit through the USA you have to enter and depart the country. It is a simple process and can be sone in minutes. Do it on line through the link a month before you depart.

But as you note be careful with your dates. Your 90 days of ESTA travel will start when you first enter the USA on transit and continue while you travel through Canada. Since you've got 100 days travel you will need to get a visa, just not sure what one.

Hopefully others will have experience and post here soon.

 

[TomVexille]

You DO need a visa, or rather an ESTA; I don't know about British citizens, but there is no such thing as 'transiting' the USA. Every non US citizen who touches down in US territory must clear US customs and immigration.

Not just every non-citizen, but everybody, including US citizens must clear immigration and customs even in transit.

But as you note be careful with your dates. Your 90 days of ESTA travel will start when you first enter the USA on transit and continue while you travel through Canada. Since you've got 100 days travel you will need to get a visa, just not sure what one.

I'm not an ESTA expert but in the OPs case they are in the US for less then 90 days at a time so would the ESTA be sufficient?

 

[Boca68]

I do believe Hvr is correct from my understanding previously. I'm sure I read somewhere before that your 90 days under the VWP could not be extended by entering neighbouring countries, i.e. Canada or Mexico. But upon reading the ESTA FAQ's, not so sure. But further investigation is needed here.

As for your British Husband, he is under the same requirments as you. Eligible to enter under the VWP.

But as far Transit goes, they state....
"Do nationals or citizens of countries that participate in the Visa Waiver Program require travel authorization if they are only transiting the United States en route to another country?Eligible nationals or citizens of countries that participate in the Visa Waiver Program require either a travel authorization or a visa to transit the United States. If a traveler is only planning to transit through the United States en route to another country, when he or she completes the travel authorization application in ESTA, the traveler should select "Yes" to the question "Is your travel to the US occurring in transit to another country?".

 

[daydreamer]

I do believe Hvr is correct from my understanding previously. I'm sure I read somewhere before that your 90 days under the VWP could not be extended by entering neighbouring countries, i.e. Canada or Mexico. But upon reading the ESTA FAQ's, not so sure. But further investigation is needed here.

As for your British Husband, he is under the same requirments as you. Eligible to enter under the VWP.

But as far Transit goes, they state....
"Do nationals or citizens of countries that participate in the Visa Waiver Program require travel authorization if they are only transiting the United States en route to another country?Eligible nationals or citizens of countries that participate in the Visa Waiver Program require either a travel authorization or a visa to transit the United States. If a traveler is only planning to transit through the United States en route to another country, when he or she completes the travel authorization application in ESTA, the traveler should select "Yes" to the question "Is your travel to the US occurring in transit to another country?".

Thank you all who have answered. I had come to the conclusion that we would need visas. We come back to the US for almost three weeks after we are through in Toronto so we will need something and if we have to go through processes on arrival in LAX then we need visas. And we need to do the ESTA paperwork as well which tells the US we are coming.

Does anyone know if the two months of August and September will be enough to get those visas? And if it is close, what I can do to expedite the process somewhat?

Thank you again, all.

Margaret

 

[RooFlyer]

Look at this site for visa guidance, Aussie and Brit citizens. But I'm not suggesting using VisaLink for anything!

 

[daydreamer]

Thank you. Confirms that I will need visas. I guess I will ahve to ring the consulate on Monday to try and get an estimate of the length of time required.

Margaret

 

[Hvr]

And here is confirmation of the 90 day limit I mentioned previously:
This is from the US Embassy in Canberra.

Visa Waiver Program | Embassy of the United States Canberra, Australia

[h=2]What are the other requirements of the Visa Waiver Program?[/h] A: Citizens of the above countries may use the VWP if:

• Traveling for business meetings or pleasure (not on federal government business or as members of the media). Transit through the United States is generally permitted, if the total time in the U.S., Canada, Mexico, and adjacent islands is less than 90 days.
• Staying in the U.S. for less than 90 days (this includes time spent in Canada, Mexico, and adjacent islands)

 

[Jurahn]

I do believe Hvr is correct from my understanding previously. I'm sure I read somewhere before that your 90 days under the VWP could not be extended by entering neighbouring countries, i.e. Canada or Mexico. But upon reading the ESTA FAQ's, not so sure. But further investigation is needed here.

That's correct. The VWP zone is actually North America, not just the US, and includes Canada, Mexico and the Caribbean islands, so time spent in any of those countries does count towards the 90 day period, which will commence on the date the OP arrives in the US. Even though they are just transiting, it is considered the "first entry" to the US and starts the clock, so to speak.

Here's the link to the US Embassy's Australian website page with the relevant info: Travel to Canada, Mexico or the Caribbean | Embassy of the United States Canberra, Australia. Unfortunately it looks like you will need visas Daydreamer, especially as your 90-day period will expire when you're actually in the US (after your visit to Canada) so I would suggest contacting the US Embassy in Canberra ASAP.

ETA: Looks like HVR and I were posting at the same time LOL.

 

[opusman]

Three options:

- Get a visa
- Change flights to fly direct to Canada
- Do a short overnight trip to Europe at some point during your trip

 

[kpc]

Could you not fly to Central America eg Panama or South America or to London / Europe and then back to US in the middle of your trip to reset the 90 day clock or is that deemed "gaming" the system?

 

[daydreamer]

That was roughly my reading too, but I had hoped that transiting to international would help - but not so. There is a US Consulate in Melbourne so will call them on Monday. Thank you all. Much appreciated. Wish I had thought to ask earlier as I am certain we would have saved a lot of stress, time, not to mention funds with this trip. Never mind, all things happen for the best ultimately.

Margaret

 

[daydreamer]

Not on our budget. But I suspect it would be called gaming the system. I suspect that the Americans think the whole world wants to be there, and while I can understand some of their position, this part of the world is happy in Australia.

 

[RooFlyer]

That was roughly my reading too, but I had hoped that transiting to international would help - but not so. There is a US Consulate in Melbourne so will call them on Monday. Thank you all. Much appreciated. Wish I had thought to ask earlier as I am certain we would have saved a lot of stress, time, not to mention funds with this trip. Never mind, all things happen for the best ultimately.

Margaret

Can I suggest you read up on whatever USA Embassy / visa web site is relevant before you call. Its been a while since I had to call a consulate for advice but in my experience they are hard to get hold of and not always the most helpful. There might be some info, or maybe links on this AFF thread.

Here are some sites; not sure if the first one is official:

US travel docs

This one is definitely kosher


I wouldn't stress too much - as you live in Melbourne at worst you can go in in person and get it done directly.

 

[daydreamer]

Thank you for your response. Going down to the US Consulate may not be an option. From their web site you will not gain entry unless you have an appointment and then you may not arrive more than 15v minutes prior to your appointment. Fairly strict they are. Anyway, I'll try calling them and we will see.

Margaret