Re-entering the US from Canada after 90 days with the Visa Waiver Program
We travelled early March from Australia to the US and entered on an ESTA visa waiver. This allows us 90 days in the US and Canada. After several days in Florida, we drove to Canada for our daughter's wedding. After our arrival in Canada the borders were closed due to Covid-19. Our ticket is a Lufthansa RTW ticket and we are scheduled to fly Orlando to Frankfurt and then on to Sweden for a month's stay after which the ticket flies us to Singapore and then home to Perth, Australia.
With all the upheavals due to Covid, we have cancelled our future onward accommodations and are resigned to flying home from North America to Perth.
The question we have is this: Due to the Covid problems, we probably will not want to fly from North America until mid-July. Will the US allow us back into the country when the borders are opened to drive back to Florida and fly from there, even though our 90-day visa waiver period will have expired by the time we leave? Or would the US border guards not take extenuating circumstances into account?
Best Answer
ESTA is just permission to get on a plane. The program that controls your readmission to the US is the Visa Waiver Program, so if you are looking for information look for that.
The rule governing readmission when you have been in Canada (or Mexico or the Caribbean) is actually very simple, but is often badly described. The rule is that if you arrive on a VWP, and leave the US but stay in Canada, Mexico or the Caribbean islands, and attempt to re-enter the US before the end of the 90 days of the original admission, then you will be admitted only for the remainder of the 90 day period.
If you arrived in early March, then by the time you want to fly out in July the 90 day period will have expired. You will be eligible - and indeed must apply for - a new admission under the VWP.
Theoretically border guards can refuse you this new admission (as they can with any application), and if you were looking for another stay of 90 days they probably would. But as you are passing through the US for a short time in order to fly home they are not going to do that - assuming that you have tickets you can show them. People make transits like this all the time with no problems, even before Covid.
This assumes of course that Covid restrictions are lifted to allow you to do this.
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Can I return to the US after 90 days?
You must apply for a visa (B2 visa) if you want to stay in the U.S. for more than 90 days, no matter what the reason. You must apply for a visa (B1 visa) if you are traveling to the U.S. for employment or business purposes involving remuneration, even if not staying longer than 90 days.How often can I travel to the USA under the Visa Waiver Program?
The Visa Waiver Program (VWP), administered by the Department of Homeland Security (DHS) in consultation with the State Department, permits citizens of 40 countries to travel to the United States for business or tourism for stays of up to 90 days without a visa.How soon can I re enter the US on tourist visa?
How Soon Can You Visit the U.S. Again on a B Visa? Technically you can visit the United States whenever you want to if you have a B1/B2 visa and a valid passport. There aren't any rules or laws requiring you to wait a specific time before you are allowed to return.How do I reset my ESTA 90 days?
Where must you travel to in order to before returning on an ESTA to get a new 90 days? You must leave the whole North American region completely to reset this. You can't just pop to Canada or Mexico to try and reset the 90-day counter.Sources: Stack Exchange - This article follows the attribution requirements of Stack Exchange and is licensed under CC BY-SA 3.0.
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