Apply for B2 in a third country

[MacUK 983]

If you have had a U.S. visa before or previously traveled to the United States under the VWP or another status, you must have complied with the conditions of previous admissions to the United States, and you must not have previously been found ineligible for a U.S. visa.

--> Sorry for my poor English ability. What are you trying to tell me by this sentence? Do you mean, I cannot use ESTA because my B2 had been denied once?

You should have updated your ESTA with the B2 denial, it doesn't mean that you would never have been able to use VWP again but it should have been declared.

What you did could be considered misrepresentation by omission.

[Boiler 43,794]

What happened to your return ticket?

[seanwang 0]

(1) Should I update my ESTA status now if I want to go back to the States on my first ESTA application? I heard that if I updated that B2 VISA had been denied, I would not be be allowed to get a valid ESTA.

(2) I still keep my return ticket from New York to Taiwan. Will I be allowed to enter the States for few days to take my return flight from New York?

[belinda63 2,981]

So you failed to update your ESTA after your visa was denied and you bought a return ticket for more than 90 days after your arrival?

[seanwang 0]

I bought a return ticket because it's requested by ESTA. It's over 90 days.

[belinda63 2,981]

Wow, all I can say is I hope you get lucky. I really can't answer your questions. The US embassy in Canada says if you apply for a tourist visa to the US from Canada you must provide" Proof of legal status in Canada" and I don't know if the VWP falls into that category. Then you failed to update your ESTA, or failed to declare, the denial of a tourist visa, then you bought a return ticket for more than 90 days after your arrival showing you intended to remain in the US for an extended period of time, and you are making a trip to Canada trying to reset your 90 day VWP time in the US. If I were CBP and knew all this I would deny you entry. But I'm not so I can't answer what will happen.

Have you tried contacting the US embassy in Canada to see if you qualify to apply? Even if you do chances of approval are very, very low given your prior denial, lack of ties to home, and your showing you want to remain in the US for a long time.

[seanwang 0]

I got email reply from the US Embassy in Montreal. They said, I need to bring documents that prove my ties with Canada. Obviously, ESTA is the only way to go back to the States, if possible.

I travel to Canada now so, the return ticket is for more than 90 days because I stayed in the States for about 87 days. The date of return ticket is subjected to change. Can it be a proof of my intention of staying in the States for longer?

Sounds like VISA regulations are so detailed, hard to predict and there's no room to move around.

Edited November 20, 2014 by seanwang

[Boiler 43,794]

When is your return ticket booked for?

[seanwang 0]

The return ticket was booked when I left for the States. I thought I would have returned from New York.

[jan22 2,918]

You did not turn off the ESTA clock by going to Canada. As far as the Visa Waiver program is concerned,you have over-stayed your last entry into the US, as all of your time in Canada will also be included. The law is written that way to prevent people from doing what you want to do....use the visa waiver program to spend more than 90 days in the US by merely going to Canada for a few days. You must leave the US and it's contiguous categories (Mexico, Canada, and most Caribbean islands) to officially end your time i the US. It is highly unlikely that you will be approved to enter the US on ESTA again.

If your application for a B1/B2 visa was denied in your home country, where you have stronger ties, there is no way it would be approved in a third country.

As far as needing to close out bank accoutns, that can be done electronically and/or via mail...not that immigration would care anyway and then let you in. They would more likely think having the accounts in the first place shows that you plan to stay in the US -- most tourists do not open about bank accoutns.

Edited November 20, 2014 by jan22

[seanwang 0]

According to my understanding, ESTA regulates that tourists need not to go back to their home country within 90 days, but need to leave the US. So, the return ticket can be the one for any destination, like Canada.

Canada also offers visa waiver program to a few countries, 6 months, which is more than the validity period of ESTA. Logically, 90 days of ESTA does not cover the stay period in other contagious countries, like Canada or Mexico.

Please correct it if any misconception.

Edited November 20, 2014 by seanwang

[Boiler 43,794]

Canadian airports have pre clearance so if you get refused not so much of an issue.

[seanwang 0]

I entered Canada on VISA waiver program, which offers 6 month stay period.

[Teddy B 17,251]

Sounds like you've got nothing to lose by attempting re-entry to the states, you more than likely won't be returning anytime soon based on you traveling to the states on an invalid ESTA. You probably shouldn't have been allowed entry in the first place, especially with a return ticket that outdated your 90 day stay.

[seanwang 0]

Thanks for all the input.

Most people on the forum think that I won't be able to go back to the States soon on my current ESTA status. Is there any other way to remedy or work around?

Going back to my home country to apply for B2 VISA is the only way, isn't it?