Visa Waivers - Entering from Canada

I'm in Canada, and have been for almost 6 months. I want to get out of here before my six month visa waiver expires so as not to jeopardise any possible future travellings. My plan is to go down to the States for about ten weeks before returning to Europe.

Now, I went down to NYC about two months ago. I was issued a 90 day US visa waiver. I returned to Canada a mere three days later and kept the visa waiver (the Canadian border control guy asked if I might be returning to the US during the 90 day period, I replied it was quite possible, and so he let me keep it). So I still have this active US visa waiver which expires on 13th November. Problem is, when I go into the States in a couple of weeks, I'll want to stay longer than that. I can prove that I was only in the States for three days on the current waiver (the Canadian border control guy stamped my passport when I returned to Canada).

So, if I just get rid of that little green visa waiver thing and turn up at the border will they just issue me another 90 days? Or even just turn up with it and explain the situation? Does anyone anticipate a problem? Anyone been in a similar situation?

I'd anticipate big time problems.

The time you spend in Canada counts towards the 90 days. If you re-enter the US you will not be given a new waiver, You will be allowed to stay in the US until November 13.

If you just turn up at the border without the form, they will run that nice machine readable passport of yours and find the previous visa waiver and ask you where the form is. If you plead that you lost it, they might let you in until Nov. 13. Or they might decide something is fishy and refuse you entry.

If you show them the form and explain the situation, they will just say "that's nice" and admit you until November 13.

You must go somewhere that is not Canada, Mexico or the Caribbean in order to be eligible for a new waiver. And you have to be sure to turn that form in, or else you will be on the books as having overstayed your waiver.

Thanks for that nutrax.

Bit of a pain.

Does the same go for Canada, would you know? Can I re-enter Canada from the States or do I have to return to my home country (UK) or elsewhere first?

You probably should ask that on the Canadian branch. It probably depends on what passport you hold, among other things..

Can you not go back to the US for this weekend, and hand in the visa waiver as you re-enter Canada; and then apply for a fresh visa waiver next week, showing them your onward ticket to Europe, etc? I don't know the answer - just asking.

When you cross into the US by land, you do not need to show an onward ticket. However, there is no guarantee that the OP would be readmitted under a waiver. It would depend on whether or not the official thought it looked odd. Don't for get that the current waiver is now in the ocmputer system. "If you were planning to re-enter the US, why did you surrender your waiver & say you were leaving for good?" Admission is at the discretion of the border official. It'spossible the official wouldn't even blink; it's possible the OP would be denied entry.

Fair enough, and I am aware that an onward ticket is not essential for those who don't fly in, but maybe it wouldn't hurt having it handy (assuming the OP has a ticket for a fixed date home).

But since the problem with the current waiver is its end date, aiming for another visa waiver would seem reasonable, or at least better. My question was really, if they have only been in Canada between visa waivers (and therefore not out of "North America"), whether that would disqualify them. Or maybe another option is applying for a B2 tourist visa for the ten weeks they wish to be in the US.

The best answer, I think, is to contact a U.S. consulate, and say, "So here's my problem, what should I do about it?" I can imagine four answers, in this order of likelihood (and the first one overwhelmingly the most likely):

(1) "What you do is apply for a visa."
(2) "Let's straighten this out for you."
(3) "Nothing we can do about it, pardner."
(4) "Just turn in your form now, and show up at the border when you're ready to come back; there won't be any problems."

The U.S. has consulates in every major Canadian city except Edmonton.

--M.

#7, I you may have 2 and 3 reversed.

My question was really, if they have only been in Canada between visa waivers (and therefore not out of "North America"), whether that would disqualify them.

By rule, yes. You must leave "North America" to be eligible for a new waiver.

I'd get started on that visa if you want to stay past Nov 13.

Nutrax, do you know where the the link for banishment times is? I should add that in to the FAQ while I still can.

It's in law. It's a sliding scale based on how long you've overstayed.

Here it is: U.S. Department of State Foreign Affairs Manual Volume 9 - Visas

The relevant parts are

INA 212(a)(9)(B) (8 U.S.C. 1182(a)(9)(B)). That is the law, passed by Congess pertaining ot immigration & visas. This says if you are "present in the United States after the expiration of the period of stay authorized," you are here "unlawfully."

22 CFR 40.92. The is the Code of Federal Regulations,which implements the law. It says that if you've overstayed 180 dyas to one year, you are "ineligible for a visa for 3 years following departure from the United States." If you overstayed more than a year, the period is 10 years. There are a bunch of exceptions--like minors who had no control over overstaying or people seking asylum.

Let me see if I can cobble up a coherent paragraph on this for you, so folks don't have to wade through the law, or maybe I can find a State Dept. web site that explains it in plain English (hah! there's a challenge!)

Still hunting, but I did discover that in Fiscal Year 2007, for people seeking nonimmigrant visas, 1850 were found ineligible under the 3 year rule and. 8057 under the 10 year rule. For 259 and 106, respectively, the problem was overcome. So the rule is indeed enforced.

Thanks for the link. I just threw in a quick statement after the link for turning in the I-94W after departure.

+I'd get started on that visa if you want to stay past Nov 13.+

Indeed ... and you might find it useful to "pre-register" online.