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

[SBB 74]

China is not part of the VWP.

What does that have to do with anything? I've cited you the actual laws on the matter and materials from an embassy that deals with this exact situation on a regular basis.

[canadian_wife 1,829]

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.

Question, how are you both currently in Canada on a whp and in the US 6 months ago?

Another question - how have you been authorized to stay in the US longer than 6 months?

Can you clarify your post please?

[Taraelf 0]

Canadian wife - I'm sorry if I didn't make it clear

I applied for the Canadian working holiday permit in Australia but left Australia before it was approved. Headed to USA and landed in LA. Spent just under 60 days in USA. Then whp was approved and I crossed into canada and this is where I've been since the beginning of November 2012. I have not entered the USA since I came across into canada. But I've obviously now spent more than 90 days in north America so I'm now completely confused and don't even know if I can enter into the us anymore

Timeline - early September 2012. Entered into the USA.

Early November 2012. Crossed into Canada after whp was approved and have been here since.

[canadian_wife 1,829]

The Visa Waiver Program is not for North America.

Canada and the US have different visitation laws.

[Taraelf 0]

Yes but the vwp clearly states 90 days in USA including canada and Mexico and a few others.....

So I'm quite confused

[canadian_wife 1,829]

It means that if you use the VWP then you cannot 'step out' of the US and go to Canada or Mexico and expect the 90 days to restart.

For examples, you are admitted to the US for 90 days. On day 85 you leave for Canada, you spend two days in Canada and return to the US, your original I94 date of departure still stands, you do not get an additional 90 days.

However, you overstayed right? So that means the VWP no longer applies to you.

[Taraelf 0]

Yep. All right. So the vwp no longer applies to me...so there's no point in redoing the esta right? And I've been denied the b2 visa....so there's no way at the moment I can enter the USA unless I try and get a b2 again? But yes, that's all correct Canadian wife.

[canadian_wife 1,829]

Boiler is completely WRONG and has no idea what he's talking about ....

You need to update ESTA, try it, it is free and see what it says. You can try to enter but the denied b2 is not going to go away quickly

It probably wasn't fair of you to say that Boiler was completely wrong and had no idea what he was talking about. He probably knows about US immigration than anyone on here save a few

good luck

[Taraelf 0]

I know it wasn't fair of me saying that about boiler and I deeply apologise. I wanted to delete that comment but it was too late and I wasn't sure how to

I wrote it without thinking...

[canadian_wife 1,829]

Update ESTA and see what it says, then let us know ok?

[Boiler 46,124]

Notice the OR:

Plus, if entering the United States by air or sea is:

holding a return or onward ticket. If traveling on an electronic ticket, a copy of the itinerary must be carried for presentation to U.S. immigration at the port of entry. Note: Travelers with onward tickets terminating in Mexico, Canada, Bermuda or the Caribbean Islands must be legal permanent residents of these areas;

entering the United States aboard an air or sea carrier that has agreed to participate in the program. This includes aircraft of a U.S. corporation that has entered into an agreement with the Department of Homeland Security to carry passengers under the Visa Waiver Program. Note: Other private or official aircraft or vessels do not meet this requirement; and

has received authorization to travel under ESTA;

Or, if entering the United States by land from Canada or Mexico,

Is in possession of a completed form I-94W, issued by the immigration authorities at the port of entry, and a $6.00 fee, payable only in U.S. dollars.