HELP ME! VWP - US and Canada

[RPalmer]

Hello everyone!

I am a first time poster here! So hello!

My names Rob, im from Sydney Australia! Later this year (June 14th) i am traveling to the United States with a friend of myn, we are doing a massive roadtrip around the country going everywhere from boston to San Fransico and everywhere in between! We are both 21 years of age.

At this current time, this was my plan. I was going to spend 90 days in America (under the Visa Waiver Program) and then go into Canada (under the Working Holiday Program), have a working visa and work and live in Canada. Everything was set and looking good until about 3 hours ago, i discovered that one can apparently not do this! Apparently you can not enter Canada if you have used the VWP? Eventhough i will have a working visa for Canada i still cant do it... Who knew?

So what im asking, is this correct? Am i going to be denied entry into the US if i dont sort this out?

If it is true, what do i do? I know you can apply for a US visa, but that is hard and complicated yeah? So i could do like a weekend trip to Europe or something? Aslong as it isnt on the "adjacent island" list.

This is all very annoying!

I greatly appreciate any help that i can get! Thankyou

 

[dfcatch]

Hi Rob,

I travel to the US and Canada all the time.

As far as I know, you can enter the USA on VWP and then travel to Canada and enter on whatever Visa you wish.

When you wish to leave you will have to leave direct from Canada as technically you are not allowed to reenter the US after going to Canada if you have already used up your 90 days.

However, travel to Europe and then return to Canada/US is fine and you are entitled to another 90 days.

That said YMMV and you may strike a US immigration officer that just stamps you for another 90 days without checking that you actually left for a third country - but I wouldn't risk relying on this.

As always, your entry to the US is at the absolute discretion of the officer at the border.

If you have plenty of time before traveling, it's not difficult to obtain a 1 year visa but it will cost you a couple of hundred dollars. The benefit is you can have multiple entries to the US within the 1 year period.

 

[RPalmer]

YEAH! Exactly! That is exactly what i thought as well. Spend 90 days in America using the WWP, and then go into Canada using the WHP which will give me the working visa, it all made sense, now im so confused i dont know what to do anymore! Im actually pulling my hair out, and im only 21!

When you travel to the Us/Canada, what do you do?

Ive been on this other forum asking the same question and all the guys on there are under the impression that it cant be done! That with the VWP the 90 days will continue to count if i go into Canada. They said i should get this visa - B1/B2 Visa and that will allow me entry, but i still dont understand it!

I think im going have to end up calling the american embassy on Monday and talk to one of those guys and get an official word. Its just to much of a risk to not do it and be denied entry at the US customs spot.

And flying out of america to europe just for a few days, and then going back into canada, skipping america, is very expensive! lol

 

[dk4]

Re-read post number 2 carefully!

The salient point is - when you leave Canada do not transfer through the USA to get home (unless you get an appropriate visa OR have left North America for a side trip, at some point during your Canadian stay).

Unlike International transits through Australian airports, if you transit the USA on the way home, you must officially enter their country. (i.e. They do not segregate International transfer passengers; everyone must pass through customs and border protection regardless of their final destination, and this is generally done on Canadian soil, before most airlines depart for the USA.)


So,

1. Stopping in the USA for 90 days on the way there = A OKAY. (As per standard VWP rules.)
2. Then entering Canada on your Canadian Visa = A OKAY.
3. Returning via a transit point in the USA = NOT OKAY (unless; you have been to a country outside of North America since you last entered the USA, in which case your 90day period is reset OR you have the correct USA visa to do so).

 

[RPalmer]

Right ok that makes sense i understand that now (sorry i think i missed it the first time!)

I just checked a few flight details then, and you can get a flight that takes you from Vancouver (where i would be) to Hong Kong, (missing the USA) and then from Hong Kong back to Sydney (if i decide to come home ofcorse!)

So therefore im not on USA soil at all for that trip? Or am i missing the point here? Sorry if i seem abit slow, ive never even left the country before!

 

[Mal]

There was a news story about a year ago where a young lady ran into this issue with the Canadian work visa [Or it might have been an extended stay in Canada]. She was arrested in the U.S and deported (from memory) for overstaying her VWP after she re-entered the U.S on her way back home to Australia.

I couldn't find the news story though. Anyone else recall it?

Can't give any practical advice, except to make sure any information you follow is rock solid and isn't someone going "She'll be right, mate!".

 

[dfcatch]

You are correct, you can just leave Canada direct to Hong Kong or similar and as long as you do not reenter the US you'll be fine.

If you get a visa you will want a B1/B2 visa which is the standard business/tourist visitor visa. The benefit of the visa is that it is valid for 1 year and allows multiple entries as a visitor (ie. No working).

PS. If travelling on the VWP then you are allowed multiple re-entries to the US within the original 90 day period. But the 90 days does NOT reset unless you leave North America (Going to Canada doesn't count) - which you already know.

Personally, if you think there is even a slight chance you will want to re-enter or transit through the US after Canada, then I would get the B1/B2 visa just to avoid problems.

But the US Consulate will be quite helpful and tell you what u need to do.

FWIW - In the last year I have had 9 entries to the US, and 7 to Canada all on the VWP and no problems whatsoever. But I have never exceeded my 90 day allocation in the US in any visit to North America.

 

[RPalmer]

Yeah i dont think i would want to transit through the US after my Canada stay. If all goes to plan, i might even end up staying in canada forever (because you can renew the WHP Visa that i will have for canada) and may even become a citizen, but thats a long way down the track anyway.

But i may end up trying to get the B1/B2 visa just incase, its my worse nightmare to arrive to New York (we fly directly to New York via Tokyo) and to be denied entry into the country because i dont have a ticket out of the country (since im assuming a ticket to canada, with the VWP will not be sufficient anymore)! I think death would be easier to handle

Guys i just want to say thankyou, you have been very very helpful and you have cleared up alot of the confusion i was having. I will call the embassy on monday just incase (just for my peace of mind) but i greatly appreciate the time and effort you guys have given me! So thankyou very much!

 

[Maca44]

Apply for the B1/B2 Visa, make an appointment with the US Embassy and get the visa. You have plenty of time, and even if you are working in Canada, and with the US boarder just around the corner, you have the option to travel into the US when you want over that 12 month period. It would be a pain if Canadian friends you meet decide to go into the USA, and you are unable to. Many Canadians do cross over the boarder to USA to shop.

 

[RPalmer]

Hey again!

I would just like to update all of you on how everything is going! (You guys have all been so very helpful to me, I owe you so much!)

I have pretty much completed the process for the B2 visa, i was abit confused and i hope i did it right with one of the questions!

(Is anyone here familiar with the B2 visa application? I would love to talk to someone about it, just to make sure im doing it right, i know im sorry, im like a girl! lol must be first time travelers syndrone)

I have also made my appointment for the interview which is next week (i think i got very lucky because ive been told it can take up to a month for some people to get in, sometimes more)

 

[willzzz88]

I'm American and here's to make it a little easy for you:
The 90 day limit is for US AND CANADA (aka North America like Aus and NZ, we have special 'treaties' and 'agreements'). Your 90 day limit resets once you travel outside of North America but if you just go to the Caribbean or Mexico on a VISA WAIVER run be prepared to EXPLAIN to the immigration officials as they may deport you if they think you're going around the rules. Remember if they think you're the 'rich' 'business' type then it maybe ok. Anyways if you're staying LONGER THAN 90 days get a VISA. It's that simple because with a B1/B2 visa it allows MULTIPLE entries within a time-period (1,2,5, years, etc...)...

So? <90 days for holiday/business; VWP is fine.
Staying longer than 90 days for holiday/business/etc/work: Get a VISA.