New answers tagged

3

A foreigner entering the US (especially a visitor) can always be denied entry. There is nothing inherently problematic with his pattern of travel. It is very reasonable to have visited the US for a few days, and then after a space of a few months later to visit again. People visit more frequently than that with no problem. It's not like he's trying to do a ...


2

The official rules are clear as mud: When traveling to the U.S. with the approved ESTA, you may only stay for up to 90 days at a time - and there should be a reasonable amount of time between visits so that the CBP Officer does not think you are trying to live here. There is no set requirement for how long you must wait between visits. If he is not ...


2

As you are entering the USA for the explicit purpose of sightseeing, it would be hard to justify that as "transiting". And since you are driving between two cities that do not require passing through the USA, it again would be hard to justify your trip as "transiting". On the other hand if you were driving from Vancouver to Bellingham to catch the AMHS ...


-3

No. "In transit" means e.g. you are flying from London via Chicago to Vancouver. So you are not really entering the USA.


2

You can edit your approved ESTA application online for free at https://esta.cbp.dhs.gov/esta/. If you are issued an ESTA, whether you wish to use it for transit or staying does not appear to be relevant. I do not think it will be a big deal for anyone.


4

[TL;DR] An existing, valid, visa waiver does not remove the requirement for ESTA. To fly in you need ESTA. The fact that you already have a visa waiver allowing you to visit for 90 days is irrelevant. Full discussion When I made this trip, maybe 3 years ago, I couldn't find anything on the ESTA, or Customs and Border Protection help websites that deals ...


1

From United States Begins Implementation of Changes to the Visa Waiver Program, the new restrictions apply to: Nationals of VWP countries who have traveled to or been present in Iran, Iraq, Sudan, or Syria on or after March 1, 2011 (with limited exceptions for travel for diplomatic or military purposes in the service of a VWP country). So the new ...


7

There are several ways, but it doesn't really matter. First there are several ways US immigration can know these things. You might have been on a flight to the country in question. Or the US might find out from one of their intelligence partners. Your own country probably knows you made the visit, if you exited the country on your way there. But that's not ...


0

Currently this is explicitly allowed for Citizens of Australia prospectively seeking an E-3 Visa. (Must return,re-enter, and waive any residency aspirations). see http://canberra.usembassy.gov/e3visa/apply_search.html Other nationalities should check on a continuous basis as these conditions change with the stroke of a pen. In the past seeking employment ...


2

Obligatory mention: An ESTA is just permission to get on a plane. It is the Visa Waiver Program that governs whether you get to enter the US and how long you get to stay. I've also never heard of a 90 day per year rule for VWP visitors. 90 days per visit is usual. However (as you know) the clock doesn't normally reset for time spent in Canada. To not be ...


2

The agent did not realize that you were a Canadian resident and thought that you had made a brief trip to Canada. There's a VWP rule that brief trips to Canada, Mexico, or adjacent islands do not reset the 90 day limit given to a VWP traveler upon entry to the US. This is to prevent people from using these countries to extend their stay in the US. For ...


3

I'm in your situation, being British and having been a Canadian citizen since 2007. If 'the agent' means a US CBP officer, then it's almost certain he did not realize you were a Canadian resident, or decided that without proof of residency to apply the non-resident rules. There is a well-known rule that going from the US to Canada (or Mexico or other ...


5

This appears to be amateur/hobby/pleasure (no income) for which only a B2 visa would be needed. B2 is one of the categories covered under the VWP. The more important question will be how to convince immigration that you are not intending to sell those photo's afterwards. Immigration does not work on a presumption of innocence. Signing up for a photography ...


2

The only possible "ban" for your case is the unlawful presence ban (INA 212(a)(9)(B)). When you stay past the date on your I-94, you start accruing "unlawful presence", although if you were given satisfactory departure it may not count during that time. If you accrue 180 days of "unlawful presence" and then leave the US, you have a 3-year ban. If you accrue ...


1

You are unlikley to be banned from the US for a short overstay where you did not breach other terms of your entry (ie you did not work or comit any criminal acts). It is possible to receive an emergency extension to even VWP admission period if you have a good reason and contact the CBP. I am not sure if it possible to do this retrospectivly however. Until ...



Top 50 recent answers are included