Visa Waiver Question for Aussie in Canada

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jmtaylor

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Aug 22, 2009
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Hi all! I have a question that I need help with! I am an Aussie living in Canada on a two year Working Holiday Visa. My problem is that I arrived via the USA on a Visa Waiver, traveled there for almost 90 days and then moved to Canada (where I have been for the last two months). I did remember to hand my visa waiver card to the people at the border.

I didn't know that I needed a B1/B2 Visa if I wanted to travel through the USA before I moved to Canada as I just assumed that if I left the USA before the 90 days it would be okay as Canada was a different country. Obviously I know differently now. This essentially means that I have been in North America for about 150 days instead of the 90 days that the VWP allows.

My question is what do I have to do if I want to be able to travel in the USA again? If I went back to Australia directly from Canada, and then went back to the USA after a couple of months, would that be okay? Or will I never be able to get the VWP again? My ideal plan is to go back home, apply for a B1/B2 visa and then come back to Canada. Is there a period of time I have to be away from North America before the USA will allow me back?

Please help me!
 
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You haven't broken, I believe, terms of the VWT since you did leave the USA within the required timeline, just that you cannot return to the USA

Once you have gone out of North America , then you would be eligable to return to USA.

Given that you are living in Canada, it would seem the most sensible to apply for a B1/B2 when you return to Australia. Make an appointment for when you arrive and in a few days you should have the necessary visa

As long as you head to Australia without passing through the USA you should be fine

Dave
 
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