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I currently have both an Australian and a British passport. I am studying in the United States, however, my visa expires on Dec 21 (there is a grace period until the Jan 21) but I am not allowed to travel outside the United States or I will not be permitted to re-enter.

I had already booked flights to Canada for a week, at which point I was supposed to return to the US and fly out to Italy for 2 weeks and then return the US again to fly home to Australia.

If I apply for an ESTA with my British Passport is this ok, and will I be allowed to enter back into the US if I am approved for the ESTA and only travel back from Canada on my British passport?

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With ETSA, did you mean ESTA? – Jonik Nov 28 '12 at 19:18
Will you be leaving the US again before the visa waiver entry on your UK passport expires? – Gagravarr Nov 28 '12 at 23:47
Are you going to enter the US as a student or tourist? What is the expiration date of your current I-94? – R-traveler Nov 29 '12 at 0:43
Sorry, yes I meant the ESTA.I currently don't have a visa waiver on my British Passport, I thought i could possibly apply for one? And I am already in the United States on a J1 Visa, I have just applied for change of status to a B2 Visitor visa, but I heard this can take a while. Does anyone have any other suggestions?! Thank you!! – jay.s Nov 29 '12 at 3:05

1 Answer

up vote 3 down vote

  1. You can apply for and enter the US with an ESTA (if you meet ESTA requirements). With ESTA,

    • You can stay in the US for up to 90 days; you cannot extend your stay.
    • You cannot change your status.
    • You cannot study.
    • An ESTA "does not guarantee that you are admissible to the United States". A CBP officer might ask you questions about the purpose of your trip.

  2. Once you leave the US, your change of status petition will be considered abandoned.

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Thanks for your help. I also just rang US customs, they told me I had been told the wrong thing by the US consulate and paid the $290 to change to another non-immigrant visa unnecessarily. All I need to do is apply for the ESTA to enter back into the US. Now I'm in the process of fighting to get my $290 back. Such a hassle! – jay.s Nov 29 '12 at 18:49
You are welcome! The rule is: you can either apply for change of status in the USA (then you don't have to leave the country), or you can leave the USA and apply for ESTA or visa. Good luck with getting back the fee (unfortunately, I'm afraid that it will be very difficult, if not impossible, to get your money back). – R-traveler Nov 29 '12 at 19:54

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