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Tourist Visa Waiver - how long until you can reuse

Discussion in 'Temporary Visas - OTHER Than The Ones Mentioned' started by zantho, Nov 17, 2008.

  1. zantho

    zantho Registered Users (C)

    I have a family member who is residing in a country that is in the tourist visa waiver program. She can legally enter the US and stay for 3 months.

    Last time she visited the US she made a trip to canada before leaving to her own home country. The little note she got when she entered the US (where it said by what date she had to leave the country) was taken away from her when she entered Canada. This obviously reset her tourist visa waiver so she can reenter again and stay for a new period of 3 months?

    So her question is, is it possible to keep resetting the tourist visa waiver by crossing the boarder to either mexico or canada and then reentering the US again, getting a new full 90 days to stay in the US? Would this arise some suspicion?

    But what if she goes to her own home country, how fast can she reenter the US again? Is there any specfic time limit there has to pass before the visa tourist waiver allows for another 90 days in the US or is there a maximum number of days per year that one can stay in the US using a tourist visa? (or are there other restrictions)?

    Theoretically speaking, she could enter Canada once every 3rd month and return after a day, being in the US the majority of the time. Or she could leave to her home country by plane and then return after a week, getting another 90 days? Are any of the two possibilities I have just mentioned possible? Or do there exist restrictions to disallow just that?
  2. elcupacabras

    elcupacabras Registered Users (C)

    The general rule of thumb is to spend as much time out of the states than you do in it. Therefore some people say three months in, three months out. However, repeated visits like this will arouse suspicion with the immigration officers at the point of entry and will eventually lead to denial of entry. You need to prove to the immigration officer that you are only visiting the States and not attempting to live there (lengthy stays with very little time spent out of the states between each visit is 'not' the actions of a genuine tourist- and repeated visits like this WILL eventually result in a denied entry).

    Some people have been lucky and have been able to cross over to Mexico or Canada to get a fresh 90 day visa waiver, however this is not a wise move. Often, you will find that Canadian immigration will not remove a visa waiver if it is close to the end of its 90days- and even if they do, this does not mean that you are guaranteed re-entry to the States.

    The safest bet, is, if you have just completed a full 90 visit, do not attempt to return within the next 6 months. Some people are lucky and go back to their own country for a week and then have a successful re-entry on the visa waiver. Some people do the exact same thing and are denied entry (a denied entry means that that person is no longer eligible to use the visa waiver program again, and therefore must apply for a tourist visa should they ever wish to re-visit). It all depends on the individual inspecting officer at the end of the day.

    So there is no 'correct' 'factual' answer to your question. Instead its just a case of 'not pushing your luck'.
  3. sk28

    sk28 Registered Users (C)

  4. elcupacabras

    elcupacabras Registered Users (C)

    Some people 'have' been able to get a fresh 90 days by crossing over to Mexico or Canada and successfully returning, though this is not advisable and is certainly very risky.
  5. spendabuk

    spendabuk New Member

    reuse not limited

    Please be aware that the responses you've received so far are not correct.

    Regarding reuse, see
    amsterdam.usconsulate. gov/visa_waiver_program4.h tml#15

    You can only get your visa reset by visiting Canada if you have proof that you are leaving the CONTINENT. For example, I have a Seattle/Vancouver flight, followed by a Vancouver/Soeul,Korea flight. You could in theory not take the second flight and try your luck with US immigration again, but this is not recommended.

    > Is it possible to keep resetting the tourist visa waiver
    > by crossing the boarder to either mexico or canada?

    No. Mexico/Canada/Caribbean do not count; you must leave the continent. This is to avoid these situations.

    > Would this arise some suspicion?

    Yes. Immigration have the right to refuse a visa waiver if they believe you're abusing it.

    > Is there any specfic time limit there has to pass before the visa
    > tourist waiver allows for another 90 days in the US?

    Officially no, but I would give 48 hours to be safe.

    > or is there a maximum number of days per year that one can
    > stay in the US using a tourist visa? (or are there other restrictions)?

    Again, officially no, but if she did this, they might think she was abusing it and refuse entry.

    > Theoretically speaking, she could enter Canada once every 3rd month
    > and return after a day, being in the US the majority of the time.

    Strictly NO.

    > Or she could leave to her home country by plane and then return
    > after a week, getting another 90 days?

    Allowed, but be wary. If they think she was abusing it and they might refuse entry.
  6. elcupacabras

    elcupacabras Registered Users (C)

    Oh really?
    Please enlighten me how my posts are not correct!!!

    Re-reading my posts, I cannot see one point that is not true.

    If it's the case of not being able to get a fresh I-94w by crossing into Mexico/Canada, then your post is incorrect. While it is not recommended to try this route, it certainly can be successful- I have done it (though I did mine not as an extension, but just through ignorance that I needed a fresh I-94 for each visit- the old Rochester NY POE gave my multiple fresh I-94w's which had clocked up numerous days of presence in the US. Each i-94w I was given re-set the 90 day clock again.

    So while in theory youre not supposed to get a fresh I-94w by crossing into these countries (and it is NOT recommended), it is certainly not impossible. I have done it and so have multiple others have (have a quick scan of other immigration forums and you'll see this to be the case).

    So again!! Please tell me how my posts are not correct.

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