Sunday, October 21, 2007

In US under Tourist Visa Waiver. Going to Canada on Work Visa. Can I return for new US tourist visa waiver? -

I m currently staying with friends in the US. I m an Aussie, here under the 90 day tourist visa waiver scheme. My time runs out at the end of January and I was planning on going to Canada because I have a 2 year working holiday visa already granted. I planned on going there for a few weeks or month then returning back to the US for a new 90 day visa waiver. I have been told that I can do this by many people, but a few people on yahoo answers said that I can t go to either Mexico or Canada and then return. So I m confused and freaking out a bit because I don t want to go all the way back to Oz! I have my tickets to Canada booked already. Please help clarify! Does having a work visa for Canada change my ability to come in and out of Canada and the US?

There was a loop-hole that travellers under the Visa Waiver Program could go to Canada or Mexico and come back next day to apply for a new 90 days stay. The loop-hole has been closed after 9/11 by changing the provisions that short trips to Canada, Mexico, or the adjacent islands of the Caribbean do not count as to have left the United States. This however does not apply to those leaving the country to Canada who hold a two valid visa under the youth mobility program. However it is your responsibility to ensure that your green departure record (I-94W) is turned in to Customs and Border Protection (CBP) at the end of your visit to the United States.? If you are departing by air, please turn the I-94W into the airline prior to departure.? If you are departing by sea, please turn the I-94W into the shipping line prior to departure.? If you are departing by land and you will not be returning to the United States within 30 days, please turn the I-94W into the Canadian authorities upon departure from the United States.In general, if you have been admitted to the United States under the visa waiver program if you take a short trip (30 days or less) to Canada or Mexico, you may retain your I-94W, so that when you resume your visit to the United States you are readmitted for the balance of the time remaining on your I-94W.You should stay in Canada for at least 3 months before applying admittance under the visa waiver program again; otherwise the Immigration Officer may assume your stay is for other purposes than tourist travel and that you try to be a de facto resident, and may deny your application. This would mean that you never can use the Visa Waiver Program again for lifetime and must apply for a visa which costs $156 for a five year validation.http://www.cbp.gov/xp/cgov/travel/id_vis�� ..https://help.cbp.gov/cgi-bin/customs.cfg�� ..