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US Visa Waiver Enquiry

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JamesAus

Newbie
Joined
Jul 14, 2007
Messages
2
Hi everyone

My girlfriend and I are intending to travel around the US. We know about the visa waiver program, which allows us to stay in the US for up to 90 days. What we would like to know is whether or not we could travel from US to Canada, after staying in US for 90 days, stay in Canada for a month or so, and then re-enter US again and stay there for another 2 month before heading back home to Australia.

Thanks!
 

Mal

AFF Supporter
Joined
Dec 25, 2004
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Yep, no can do.

An entry into a bordering country (eg Canada or Mexico) doesn't extend your 90 days.

There may be a loophole around flying back in on a 'signatory carrier' (and thus getting a whole new period of admission), but I'm not sure that flights from Canada etc are included.

Overview of the Visa Waiver Program (VWP) - CBP.gov

Q: Can a VWP applicant for Admission Be Readmitted To the United States Follwing a Short Trip To an Adjacent Island, Canada, or Mexico?
A:

* Generally, VWP applicants admitted under the VWP may be readmitted to the United States after a departure to Canada or Mexico or adjacent islands for the balance of their original admission period. This is provided they are otherwise admissible and meet all the conditions of the VWP, with the exception of arrival on a signatory carrier, in which case the inspecting officers have the discretion to grant the applicants entirely new periods of admission.
* The VWP applicant is admissible and may be readmitted to the United States under the VWP after a departure to Canada or Mexico or adjacent islands provided the person:

1. Can identify an authorized period of admission that has not expired,
2. Plans to depart the United States prior to the expiration date of their period of admission,
3. Presents valid, unexpired passports which reflect admission to the United States under the VWP, and
4. Continues to meet all criteria set forth in 8 CFR 217 and section 217 of the Immigration and Nationality Act (Act), with the exception of arrival on a signatory carrier.

Q: What Islands Are Included Within the Meaning of Adjacent Islands?
A:

The term "adjacent islands" is defined in section 101(b)(5) of the Act and for the purposes of the VWP includes

* Anguilla
* Antigua
* Aruba
* Bahamas
* Barbados
* Barbuda
* Bermuda
* Bonaire
* British Virgin Islands
* Cayman Islands
* Cuba
* Curacao
* Dominica
* Dominican Republic
* Grenada
* Guadeloupe
* Haiti
* Jamaica
* Marie-Galante
* Martinique
* Miquelon
* Montserrat
* Saba
* Saint-Barthelemy
* Saint Christopher
* Saint Eustatius
* Saint Kitts-Nevis
* Saint Lucia
* Saint Maarten
* Saint Martin
* Saint Pierre
* Saint Vincent
* Grenadines
* Trinidad
* Tobago
* Turks and Caicos Islands
* Other British, French and Netherlands territory or possessions bordering on the Caribbean Sea.
 
Last edited:

d15.in.oz

Member
Joined
Nov 28, 2006
Messages
452
I will be blunt… Immigration officers aren’t dumb, they are hired & trained to be smart.

The VWP is for Aussie tourists wanting to visit the USA for under 90 days… you want 5 months! (Fair enough, it's a huge, wonderful place.) So go and apply for a visa, and chat to the consular official in an interview… If they like you, and think your visit to their country will add value, then you will get a visa, if not, you won’t.
 

Dave Noble

Senior Member
Joined
Oct 10, 2005
Messages
6,419
I agree with the above; it may be a hassle to go and get a visa, but it is needed and I doubt that a 5 month visit would likely cause difficulty in getting a visa approved

Dave
 
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