Visa Waiver Program extention question?

[gnatale]

Help with my situation please.

I am living in Canada on a Working Visa and have entered the USA on a Visa Waiver Program.

I have been in the USA for ONLY ONE day and resided back to Canada for the remaining. Soon the 90 days will expire and I wish to re-enter after this period... However I wish to remain in Canada after the 90 day period of my Visa Waiver Program has expires (as I currently live in Canada).

Shortly after this 90 day period i will returning to Australia for a week.

My question is, will i be allowed to apply for a new Visa Waiver Program in the USA if i have returned to Australia, but overstayed my continent (regional zoning for the Visa Waiver Program) period, as a result of living living in Canada.

Please help

 

[Dave Noble]

The issue is whether you are intending to return to Australia via the USA

If you plan to go via the USA after the 90 days then you have a problem. If you are not going via the USA, there is no issue

Dave

 

[gnatale]

I have a ticket from Vancouver, LA, Melbourne and then return in the same direction. I will not be leaving the USA airport, transfer flight.

This flight will be the same back to Canada.

I will be going to Australia, from Vancouver, LA, Melbourne a few weeks after my 90 day Visa Waiver Program for the USA finishes.

Will i be able to re-apply for a new Visa Waiver Program once i return to Canada and visit the USA after i do this.

 

[Dave Noble]

Will i be able to re-apply for a new Visa Waiver Program once i return to Canada and visit the USA after i do this.

No. You need to leave North America and re-enter .

Dave

 

[wijomas]

You'll need to visit the US Consulate in Vancouver to apply for a C-1 transit visa, unless you leave North America (including most Caribbean countries) and re-enter before your transit through the US.

 

[gnatale]

Thanks for your advise, but i just want to be clear on this.

I reside in Canada.

I AM leaving the American continent.

Its a question of, do I have to leave before the 90 days expires(Visa Waiver Program) to re-entry the USA, after I leave the continent.

Or, can I leave the continent (from Canada to Australia) after 90 days and the return back into the USA(from Australia to Canada), providing I go back to Australia for a few days. By doing this re-applying for a new Visa Waiver Program.

 

[Travel Guru]

As knowledgeable as my fellow forum members are, I really have to question why you would source an answer on an issue as important as this from an online forum rather than going direct to the consulate.

It's a bit naive to accept the word of a forum member as true and correct, sure it's fine for most things, but when it comes to visa's and whether it's going to cause immigration issues, my advice would be to go to the source.

TG

 

[wijomas]

If you are leaving Canada, you can not transit through the US unless you still hold entry either under the VWP, a C1 transit visa, or some other type of visa.

So, yes, you can fly direct to Australia from Canada at any time, and on your return you can re-enter via the US with no problems, as your VWP will renew because you left North America.

However, you can't fly say, Vancouver -> Los Angeles -> Australia 100 days after your previous VWP entrance to the US (unless you've previously left North America during that period.)

Thanks for your advise, but i just want to be clear on this.

I reside in Canada.

I AM leaving the American continent.

Its a question of, do I have to leave before the 90 days expires(Visa Waiver Program) to re-entry the USA, after I leave the continent.

Or, can I leave the continent (from Canada to Australia) after 90 days and the return back into the USA(from Australia to Canada), providing I go back to Australia for a few days. By doing this re-applying for a new Visa Waiver Program.

 

[Dave Noble]

Thanks for your advise, but i just want to be clear on this.

I reside in Canada.

I AM leaving the American continent.

Its a question of, do I have to leave before the 90 days expires(Visa Waiver Program) to re-entry the USA, after I leave the continent.

Or, can I leave the continent (from Canada to Australia) after 90 days and the return back into the USA(from Australia to Canada), providing I go back to Australia for a few days. By doing this re-applying for a new Visa Waiver Program.

I assume that you entered the USA on an Australian passport. If you entered on a Canadian one, then things could be quite different since I believe there are special rules for Canadians

Assuming a AU passport

You entered under a Visa Waiver
With the visa waiver , it gives you 90 days admission to the USA. Leaving to Mexico or Canada does not stop the 90 days count and any further re-entries count under the same waiver
After 90 days you are ineligable to enter the USA
The VWT entry removes right to request a change of visa status iirc otherwise I would suggest applying for a change of status to B1/B2

The 2 options I see are either to leave North America and so clear the entry and be able to come back in again or change the flights so as not to re-enter the USA

If neither of these are ideal, I would suggest calling the US Consulate and seeing if they have any other suggestions in case there are exemptions to those that have residency of non US locations that are part of North America

Dave

 

[gnatale]

Do you think that the Consulate would be helpful in my situation or give me more trouble. I have heard some horror stories.

I am trying to do everything by the book.

 

[Dave Noble]

Do you think that the Consulate would be helpful in my situation or give me more trouble. I have heard some horror stories.

I am trying to do everything by the book.

I cannot see how it could cause you more troubles; by contacting them before the end of the 90 days , you are giving yourself opportunity to work within the rules so that you can get back to Australia

You may find that you don't like what needs to be done, but better that than risk being denied entry to USA

Dave

 

[Maca44]

Fly Vancouver to Sydney direct thereby avoiding the USA, and problem solved. As mentioned in other threads contact the consular and/or apply for a visa.

 

[gnatale]

E-3 Visa

Does anybody know, if you can work in the USA if... you have been asked to engage the USA company as a Vendor(get a written contract as a contractor, 6 months) with an E-3 Visa.

 

[gnatale]

E3 Visa THIS IS A DIFFERENT QUESTION

Does anybody know, if you can work in the USA if... you have been asked to engage the USA company as a Vendor(get a written contract as a contractor, 6 months) with an E-3 Visa.