Aussie denied b2 Visa in Canada can i still enter on VWP?

[Boiler 46,124]

That is right.

[canadian_wife 1,829]

What's right? The fact that she doesn't need to renew ESTA? The fact that she'll get in? Or both?

[Boiler 46,124]

I have no idea if she will get in, how could I. I never mentioned that.

[SBB 74]

hi, i'm an australian citizen and i'm currently in canada on a working holiday visa and was given the wrong information in that i needed to apply for a b2 visa to enter the US while i'm here in canada as it would be "easier and less hassle at the border". i applied and went to the embassy in canada and was denied the b2 visa and he wasn't sure if it affected my current ESTA that i got before i left australia. i'm just wondering if anyone knows if i'm actually allowed into the US if i was denied the b2 visa here in canada? i still have 1 and a half years left on the 2 year esta, and used up around 60 days when i first arrived in america (6 months ago) then headed up here to canada to activate my working holiday visa.

I don't think anyone has addressed this, but it appears that you entered the US on the VWP, stayed for 60 days and then went to Canada for your working holiday. If you are still in Canada at this point, you may have overstayed your Visa Waiver already (crossing the border into Canada doesn't reset it). See: http://canberra.usembassy.gov/vwp/mexico_canada.html

You can try to re-apply for your ESTA, but there is a nontrivial chance that it will be rejected.

[canadian_wife 1,829]

I have no idea if she will get in, how could I. I never mentioned that.

That's what I took from your post, I was simply asking you to clarify. Thank you for doing just that

[Boiler 46,124]

I don't think anyone has addressed this, but it appears that you entered the US on the VWP, stayed for 60 days and then went to Canada for your working holiday. If you are still in Canada at this point, you may have overstayed your Visa Waiver already (crossing the border into Canada doesn't reset it). See: http://canberra.usembassy.gov/vwp/mexico_canada.html

You can try to re-apply for your ESTA, but there is a nontrivial chance that it will be rejected.

There are 30 days left.

I don't think anyone has addressed this, but it appears that you entered the US on the VWP, stayed for 60 days and then went to Canada for your working holiday. If you are still in Canada at this point, you may have overstayed your Visa Waiver already (crossing the border into Canada doesn't reset it). See: http://canberra.usembassy.gov/vwp/mexico_canada.html

You can try to re-apply for your ESTA, but there is a nontrivial chance that it will be rejected.

There are 30 days left.

[SBB 74]

There are 30 days left.

There are 30 days left.

According to the OP, they entered the US 6 months ago and stayed for 60 days before entering Canada for their working holiday program. The clock on a VWP admission doesn't stop ticking when they enter Canada. That's why the Canberra embassy tells people on the WHP visa to get a tourist visa if they will be spending more than 90 days in Canada.

[Boiler 46,124]

Not how it works.

[SBB 74]

Not how it works.

Then enlighten me as to how it does. The website I posted from the US Embassy in Australia would beg to differ. The OP certainly doesn't have 30 days left on his initial VWP admission which has already long expired. The 90 day admission under the VWP includes time spent in Canada, Mexico, and adjacent islands (most of the Caribbean nations). See: http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-11261/0-0-0-22152/0-0-0-22177.html#0-0-0-14773 (item B)

OP would be applying for an entirely new VWP admission the next time he entered the US.

[Boiler 46,124]

You misread it.

[SBB 74]

You misread it.

No, I didn't. It talks about being allowed into the US for the balance of their inital VWP admission period, which ends 90 days after first setting foot in the US. The clock doesn't stop when you go to Canada. The language is quite unambiguous.

Edited February 24, 2013 by SBB

[Boiler 46,124]

It ends when you leave.

[SBB 74]

It ends when you leave.

It ends when you leave the US, Canada, Mexico, or adjacent islands. See http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-11261/0-0-0-22152/0-0-0-22163.html Part C, note "at the time of arrival must have a round trip ticket that will transport the traveler out of the United States to any other foreign port or place as long as the trip does not terminate in contiguous territory or an adjacent island; except that the round trip ticket may transport the traveler to contiguous territory or an adjacent island, if the traveler is a resident of the country of destination."

Edited February 24, 2013 by SBB

[Boiler 46,124]

China is not part of the VWP.

So what you think is irrelevant, my only concern is for somebody else who may read this to whom the information is relevant.

[Taraelf 0]

You are exactly right SBB!! Boiler is completely WRONG and has no idea what he's talking about ....

I'm from Australia boiler, currently in canada on a whp and entered USA over 6 months ago. My 90 days has run out already.