3

I landed in the USA on a C1-D visa.I left there on an ESTA and returned on an ESTA.Then i departed on my C1-D. Does this mean I still show as being in the USA on an ESTA?I am an Australian.

16
  • 2
    What do you mean by "left on an ESTA"? Jul 12 '17 at 22:00
  • 1
    @LiaCarpino Well, as I've understood it, the issue is that you're worried that because you allegedly "exited on a C1/D" you're registered as still being in the US on the VWP (what you call ESTA). Like I said, when you Exit, you Exit, you don't have two parallell entries in different statuses. You are in one status only, and to Change it you must exit and re-enter or apply to the USCIS (time-consuming). Your last entry was on the VWP and that's it. Once you exited, you exited. In other words, your C1-D visa had no role in your last visit at all
    – Crazydre
    Jul 13 '17 at 1:38
  • 1
    The link that @Crazydre posted is the official government website to check your arrival/departure records with the US Government. That site is how you can find out whether the US thinks you're still there. Jul 13 '17 at 1:50
  • 2
    @LiaCarpino Once again, you did not Exit on the C1-D, because there is no such Thing. You entered on the VWP with your ESTA and then Exited, period. So yes, since you exited by air, your Exit is recorded
    – Crazydre
    Jul 13 '17 at 3:11
  • 1
    @Crazydre C-1/D visas are funny things. The situation may depend on where she went on her second departure, and whether she was working as a crew member when she left.
    – phoog
    Jul 13 '17 at 3:27
7

OK, so some Basic facts.

Firstly ESTA is not a visa, just a pre-authorization required to enter under the VWP (a visa-free provision) by air or sea.

Secondly and most importantly, you clearly believe that in the US, you can enter on a visa and exit on another.

This is not how it works.

You seek entry in a particular Status - on your last visit this was VWP ("on an ESTA" as you incorrectly put it), given that you got a WT stamp.

You can see here as well what Status you entered in on your last visit.

When you exit, you exit. You don't "exit on" anything at all, not even "on an ESTA", because that's not how the system works. You only enter in a Status, and when you leave the country, then you leave it. There's no classification for Exits, whatsoever.

Your last entry was on the VWP and that's it. Once you exited, you exited. In other words, your C1-D visa had no role in your last visit at all

And this could potentially be a Problem as pointed out by @phoog. You should have requested admission in C1/D Status by presenting the passport open at the visa page. As Crew work is not allowed under the VWP, you have violated the VWP conditions and may be banned from entering visa-free again (unless you apply for a new ESTA, the only way to find out is seeking admission again)

4

I think there is a clearer way of looking at it.

When you leave, the US government matches your exit record with your most recent entry record, using your passport number and perhaps some other data. Sometimes, the match fails, and they think you're in the US when you aren't. If that happens, however, they do know that if you have a subsequent entry record that you must have left at some point before your subsequent entry.

So, generally speaking, after your second entry in a new status, your first status is definitely abandoned. Your second exit will be matched with your second entry, closing that status as well. (If your second exit was not recorded, then the US might think you've overstayed in the second status, in which case there is a procedure for sending in evidence to correct the record.)

If you returned from Mexico to the US in order to work as a crew member, your real concern ought to be your class of admission for the second entry. If you were in fact admitted as a visa waiver traveler, you may have violated that status by working as a crew member, which would make you ineligible to use the VWP in the future. The class of entry is not determined by the fact that you used ESTA to fly into the US. Rather, it is determined by the immigration officer who stamps your passport, and it should be written on the stamp.

9
  • 1
    Do you know what a WT stamp means please? Jul 13 '17 at 4:56
  • 1
    @LiaCarpino It means that you were admitted as a non-business visitor under the visa waiver program (it stands for "waiver, tourist" or something like that).
    – phoog
    Jul 13 '17 at 5:04
  • 3
    @LiaCarpino Once again, you didn't, because you can't. You don't use a visa to leave a country, only to enter, whereby you're assigned a specific Status. That status doesn't change because it would be suitable for you - it only changes on re-entry or approval by the USCIS
    – Crazydre
    Jul 13 '17 at 7:49
  • 1
    @LiaCarpino "Do you know what a WT stamp means please?" It means you entered and stayed in the US under the VWP ("on ESTA" as you incorrectly express it). And then you left. Once again, you do not leave the US on a visa - you just leave. So the C1-D visa never had any role in your last visit, whether you like it or not
    – Crazydre
    Jul 13 '17 at 7:53
  • 2
    @LiaCarpino Hopefully you'll be admitted as usual, as you will now apply for entry in the appropriate status. If, however, they catch through the departure passenger manifest that you worked as a crewmember, and you get a grumpy official, they could refuse you entry for previously having violated US Immigration law and ban you for a couple of years. Most likely, though, you'll be admitted, but possibly with a remark that you did violate the VWP conditions by working as a crewmember and thus cannot use the VWP ever again
    – Crazydre
    Jul 13 '17 at 10:50

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.