Is re-entry on a tourist visa after being in USA for ESTA for almost 3 months a problem?
Upvote:5
No, it's not a problem. The "90 days" rule applies only if you're entering the US under the Visa Waiver Program (VWP). If you go to Canada, receive a B1/B2 tourist visa and return to the US using that visa, it's not a VWP re-entry, but an entirely new entry.
You still have a problem though: convincing the Toronto consulate to grant you that visa if you've just spent 3 months in the US as a tourist, since they're going to suspect you're working illegally. You'll need proof of funds to support yourself and some proof that you're going to leave the US.
(Also, ESTA and VWP are not the same thing, but that's a different answer.)
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Source: stackoverflow.com
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