# Visa waiver program - stuck!



## akmacca (Sep 1, 2009)

Hi there, if my questions have been answered before I apologise as I could not find the appropriate answers to them. 

I have searched high and low for the answers to these questions on various US Government websites and have twice rung the visa enquiry line (where you have to leave a $35 credit card imprint before you can talk to an officer) and on both of those occasions I received differing advice.

Here is the situation.

I arrived at LAX on under a Visa Waiver Program entry as an Australian citizen on 07 July 2009. I was granted a stay in the USA until 05 October 2009. The same day I flew to Vancouver.

I now live in British Columbia close to the USA border.

I am currently in Canada on a 6 month visa as a Commonwealth citizen.

Since arriving in Canada I have done a six day road trip through Washington State as well as a one day shopping visit across the border. In total I have been in the USA 8 days, the rest in Canada.

My quandry is that I have a return flight booked to Australia on 21 October and it departs Vancouver, but I have to connect at LAX. My visa will have expired by that time.

I intend to return to Australia to take care of some business there as well as hopefully applying for a E2 Tourist Visa to the USA.

I will then return to Canada, probably via LAX. 

I will visit the USA occasionally for short trips, shopping ect.

Can I now apply for another 90 days under the Visa Waiver Program from Canada before my current VWP expires on 05 October.

I am in my fifties have kids and family back in Australia, but for at least the foreseeable future my life will be in Canada.

Appreciate any help or feedback. Cheers!


----------



## Bevdeforges (Nov 16, 2007)

Someone will correct me if I am wrong here, but once you leave the US (and they take the little green slip out of your passport) you are no longer on the VWP. Each re-entry into the US is a separate "visit". That 5 october date on your paperwork is simply a reference date (i.e. you really have to be out by that date) but if you have already left, you should make very sure that your status is clear to the authorities. 

For your return flight to Australia, check into getting a transit visa - it's a completely different status and has nothing to do with your prior VWP. The same applies when coming back from Australia to Canada.
Cheers,
Bev


----------



## akmacca (Sep 1, 2009)

Bev I appreciate your advice. I still have the little green slip in my passport and I have since crossed into the States twice from Canada with no problems at all, it appears it will be like that until my time expires on 05 Oct. I will certainly look into the transit visa, though I will need to go back to the Sates from time to time over the next year.


----------



## Bevdeforges (Nov 16, 2007)

akmacca said:


> Bev I appreciate your advice. I still have the little green slip in my passport and I have since crossed into the States twice from Canada with no problems at all, it appears it will be like that until my time expires on 05 Oct. I will certainly look into the transit visa, though I will need to go back to the Sates from time to time over the next year.


If you are currently resident in Canada, you would be strongly advised to turn in that little green receipt to the Customs and Border Patrol people - either on your next border crossing or just mail it back in, with a statement explaining that no one collected it when you left the country. It could save you endless grief sometime in the future! (They do match those slips up eventually.)
Cheers,
Bev


----------

