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I just found out that we might have a major problem with our current travel itinerary and visa status and I'm wondering/hoping if anybody is able to help us out here...

Situation: We are a young family from Europe/Germany, doing parental leave currently with our little baby. We arrived on May, 9th in the US (Washington DC) and got a stamp (ESTA) which allows us to stay until August, 6th. Our return flight is scheduled for September, 24th from San Francisco.

We bought and registered a car (Virginia), build a bed inside and the initial plan was to travel through the US East and South to Mexico (Gulf Coast) and afterwards Guatemala/Belize, than back through Mexico (Westcoast) to the US (Westcoast) in order to leave the country from San Francisco in September.

Since we had some issues with the car, got delayed in the US because we and our little one got infected with COVID and due to security reasons regarding to our little one, we decided to change the plan and not to drive through Mexico.

Plan instead: travel the US and leaving the country to Canada (Western part) at the latest on Aug. 6th in order to our stamp. We would visit Canada and would return to the US not more than two weeks before our flight back home in order to sell our car and get everything done. So we would stay in Canada for about 1-1.5 months.

Problem: I just found out, that the Esta won't get renewed if I enter the US again from Canada.

Does anybody knows, which possibilities do we have now to get this fixed?

  • Can we apply in Canada at a US Consulate for a transit visa or something else?

  • Could we enter the US from Canada again without Esta, but with an I-94? We don't want to stay long, we have to go back to work, the little one have to go to kindergarten, we can proof everything - but we have to sell our US plated car and have to fly out from SFO (changing it to Canada West coast is not possible - and in this case we still have the Car-Problem...)

  • Would it help to book a flight to Belize for about a week? Would we get stamped new 90 days in this case? (This trip would be possible before or after expiration of our Esta (Aug. 6th)...)

I really appreciate and looking forward for your help. Thank you and best regards

Nick & Family

Lukas Nick
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2 Answers2

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Problem: I just found out, that the Esta won't get renewed if I enter the US again from Canada.

This is incorrect. When you go to Canada from the US as a visa waiver program visitor, and then seek to return to the US, the US officer has the option of readmitting you for the balance of the initial 90-day period. The officer can also grant a new 90-day period (or deny admission altogether, of course).

If you leave the US for Canada and then try to re-enter after the end of the initial 90-day period, there is no time remaining in the initial 90-day period, so this regulation does not apply. In this case, the officer can grant a new 90 day period (or, as always, deny admission).

If you leave the US before August 6th and seek to return over a month later in mid September, there is every likelihood that you will be admitted under the VWP, provided that it is clear that you are returning primarily for the purpose of flying home.

phoog
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Can we apply in Canada at a US Consulate for a transit visa or something else?

Yes, you can apply for a tourist visa in Canada. I know for a fact that US consulates in Canada allow third-country citizens to apply for a visa there and a lot of folks routinely go out of the US to Canada for visa stamping.

However, if your visa application is denied, you may lose your ESTA eligibility (CBP source).

Could we enter the US from Canada again without Esta, but with an I-94?

What does this mean? I-94 is the Immigration form that details your current status in the US, it's not a visa or a permit to enter of any kind.

Would it help to book a flight to Belize for about a week? Would we get stamped new 90 days in this case?

If you land in the US, then yes. If you fly to Belize from Canada and enter the US from Canada by car then you've achieved nothing.

oh whatever
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