Confused about Visa Waiver Program

[therocker]

Hi,

I'm an Australian resident with a valid passport to 2013, and have just successfully completed an ESTA.

I'm confused about how the VWP to the USA works.

I plan on travelling to the USA for 2-3 months, then on to Canada for 2-3 months, then directly home after that.

According to Canadian consulate this is OK by them. However the US seems to be vague or inconsistent on whether this can be done or not.

The US consulate website FAQ says:

Q: I am transiting through the U.S. on my way to another country. Can I use VWP?

A: Yes, as long as your total stay in the U.S., Canada, Mexico and adjacent islands is less than 90 days, and you meet the other VWP requirements. You can use the VWP if, for instance, you are transiting the U.S. on a journey between Australia and Europe.

However if for example you are transiting the U.S. on the way to a 6 month stay in Canada, you cannot use the VWP, as your total time in the U.S., Canada, Mexico and the adjacent islands will be over 90 days. In this case you should apply for a B-1/B-2 visitor visa, or a transit visa.

Which indicates that you cannot use the VWP in the way I wish to.

However, the Wikipedia entry for the VWP says the following:

Visa Waiver Program restrictions

A person entering the United States under the VWP cannot request an extension of the original allowed period of stay in the U.S. (this practice is allowed to those holding regular visas). Additionally, a person who entered the U.S. under the VWP may not request a change of immigration status while in the U.S. (e.g. one is unable to change status from a tourist to a student). Moreover, if one seeks to enter the U.S and is denied at a port of entry, no path of appealing the denial of entry is allowed.

Travelers can leave to contiguous countries (Canada, Mexico and the Caribbean), but will not be granted another 90 days after reentry in the United States.[36]

There are restrictions on the type of employment-related activities allowed. Meetings and conferences in relation to the alien's profession/line of business/employer in their home country, are generally acceptable, but "gainful employment" is not. Performers (such as actors and musicians) who plan on performing live or taping scenes for productions back home, as well as athletes participating in an athletic event are likewise not allowed to use the VWP for their respective engagements and are instead required to have an O or P visa prior to arrival. Foreign media representatives and journalists on assignment are required to have a nonimmigrant media (I) visa.

The section in bold indicates that you can travel to contiguous countries such as Canada, after leaving the USA but that will not reset your 90 day waiver (which is fine by me because I don't plan on re-entering the USA after leaving).

Can anyone confirm whether I can do what I plan to or not?

 

[namecheckvictim]

You plan as you indicated will work just fine.

 

[michaelcarter]

Emergency Passports: Effective July 1, 2009, all Visa Waiver Program (VWP) emergency or temporary passports must be electronic passports (e-Passports) to be eligible for travel to the United States under the VWP. This includes VWP applicants who present emergency or temporary passports to transit the United States. Learn more.