I'm an Australian and have been in the USA for 3 months on a waiver visa. I want to reenter. Can I fly to Canada and stay there for a week and then reenter the USA? I’m having an operation scheduled in NYC. Will that help me to reenter?

Or is it better to fly to Mexico or the Caribbean? Thanks

  • 1
  • If your desired duration of stay is less than six months, you might just want to get a B visa.
    – phoog
    Jan 16 '19 at 19:00
  • What's the story with this operation? Is this to cure something that happened to you in the US? Why does it need to happen in the US instead of Australia? Jan 16 '19 at 19:14
  • Why use up your 90 days and THEN go for an operation, and why does the operation have to be in the US? If I was a border officer, I'd certainly ask that question and would want substantial evidence from you
    – Crazydre
    Jan 16 '19 at 20:51

Neither Canada nor Mexico nor the Caribbean will work. The VWP rules specify that if you go there and return (except if you're resident in one of those places) it will not change your original "admitted until" date.

For a "visa run" you need to leave North America.

(And even if you do so, it will most likely be difficult to convince the border guards when you reenter that the true purpose of your visit is one that is allowed under the VWP).

  • It's very unlikely IMO that the asker would be readmitted to the US on VWP without spending a substantial amount of time outside North America. Probably more than six months if they intend to make another long visit and probably at least a few months before a short visit. If you need to come back to the US, get a visa. Jan 16 '19 at 18:07
  • @DavidRicherby I disagree. For a definitely planned short visit of a few days, I doubt it would be much trouble. Given the rule of thumb that one spend at least as much time out as in, one could conclude that it should be okay to stay out for as long as you want your next visit to be, but since it's up to the officer's discretion, it also depends on the reason for the trip and the associated evidence, if they even decide to raise the question at all.
    – phoog
    Jan 16 '19 at 19:04
  • I think the 'operation' thing will raise red flags. Why did the OP use up their 90 day VWP allowance before their operation, instead of having it done during the 90 days? Jan 16 '19 at 19:16

If you're currently in the United States, traveling to Canada, Mexico, or the Caribbean will not allow you to stay longer in the USA. According to the US embassy in Australia.

You cannot extend the time on the Visa Waiver Program. The 90 days also includes any time spent in Canada, Mexico and adjacent Islands. Therefore, you cannot cross the border into these areas and then return for another 90 days.

Adjacent islands are defined according to ICE as

  • Saint Pierre
  • Miquelon
  • The Dominican Republic
  • Haiti
  • Bermuda
  • The Bahamas
  • Barbados
  • Jamaica
  • The Windward and Leeward Islands
  • Trinidad
  • Martinique
  • Cuba
  • Other British, French, and Netherlands territory or possessions in or bordering on the Caribbean Sea

Your best bet would be to return to Australia or visit a country on another continent. However, you would not be guaranteed entry back into the United States and you will likely be questioned about returning to the US so soon.

If you stayed more than 90 days in the first place, your ESTA would be revoked and you would need to apply for a visitor visa. It may be challenging to prove that you will not overstay in the future.

[3] https://www.alllaw.com/articles/nolo/us-immigration/can-visa-overstay-be-forgiven.html

  • Welcome to the site! Jan 16 '19 at 18:10
  • 2
    That's the wrong list of adjacent islands; the correct list, at 8 USC 1101(b)(5), also includes Cuba. The list you've given concerns automatic revalidation for student visa holders (and the list doesn't seem to agree with the regulations at [8 CFR 214.1(b)(1)(ii)](law.cornell.edu/cfr/text/8/214.1#b_1_ii, which as far as I can see should be controlled by the same definition; the definition that excludes Cuba is at 8 CFR 212.0 and does not apply to 214.1)
    – phoog
    Jan 16 '19 at 19:24
  • My bad. I was looking at a site about F visas and didn't consider that it might be different than for the VWP and B visas. It should be fixed now Jan 16 '19 at 19:53
  • The link still points to the F-visa list. Jan 16 '19 at 20:10
  • Ok thanks for the info. So someone said that I can apply for a B 1 or 2 visa? to extend my stay before my 90 days is up? Is that correct. I just want to stay another 1-3 months as I’m on a holiday . It thst a sufficient reason? Or do I have to be here for business. ? Jan 16 '19 at 22:14

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