US Visa Waiver Program 90 day rule for US stopovers

3/8/2016 6:07:05 AM

You were not “making a short trip to Canada.” You left the USA on August 28th and didn’t (plan to) return until November 9th. In other words, you left the USA for nearly 11 weeks, which is an eternity compared to the three hours, four days, four days and twelve days you planned to spend in the US.

The discussion of “short trips to Canada” is with reference to spending a long time (most of the 90 days) in the US, then going to Canada for a day or two, then trying to return to the US for another long stay.

The other answers refer to handing in form I-94. You’ll no longer be given a paper copy of this form when you enter the US by air, so that part of those answers no longer applies.

11/1/2012 3:43:19 PM

As @Doc states on this answer – there’s an important distinction between leaving the US temporarily (eg quick trip to Canada) and permanently – like returning to your home country.

If you are leaving US to return to your place of residence, then you are leaving permanently. In this case your VWP period would end when you left the country, and historically that’s when you would have turned in your I-94W.

Presumably you have a student visa for Canada? Then for the purposes of this, you Canada should be your place of residence, and would not count as still being part of the 90 days.

Indeed, I have been in Vancouver for the past 6 months, and made trips on an ESTA to the US in May, August, early October and late October, without problem, each time returning to Canada, as even though I’m not Canadian, for the moment on a working holiday visa, I’m a ‘resident’ there.

Obviously we are not lawyers, and if you want a definitive answer you should consult with USCIS or ring your embassy and double check, but I and other friends who are based in Toronto and Montreal have had similar queries and never run into any problems due to them being ‘resident’ in Canada.

As @DJClayworth points out, as long as you’re handing back the I94, you’re officially ‘leaving’ the US, and that should make sure. You could also check with the US border officer when you enter in a few days’ time, and get back to us to confirm that what we’re saying holds true. I personally believe you’ll be fine, however.

11/1/2012 3:02:31 PM

There isn’t a problem with applying for a new Visa Waiver after the old one expires. Just like you (presumably) got your Visa Waiver when you entered the US on your stopover, you can get a new one with the same ease when you come in on your Dec 12 visit (assuming nothing has changed to make you ineligible).

If you want to play this safe, when you leave the US for the last time before the 90 days are up, make sure you tell immigration that you are leaving the country, and give back your I94. That should make it clear that you have not been in the country longer than your 90 days.

Credit:stackoverflow.com‘

About me

Hello,My name is Aparna Patel,I’m a Travel Blogger and Photographer who travel the world full-time with my hubby.I like to share my travel experience.

Search Posts

Latest posts

Popular posts