Apply for B2 in a third country

[seanwang 0]

Yes. Thinking of flying to UK or EU and saying bye bye to the US.

Edited November 21, 2014 by seanwang

[jan22 2,898]

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.

Your misconception is exactly what I said in my previous post. You are not required to go to your home country, but you cannot go to Canada, Mexico, or most nearby islands within the 90 days of your approved US stay. The clock doesn't stop until you leave the vicinity of the US. See the "Trips to Canada, Mexico, or nearby islands" section on the State Department website at http://travel.state.gov/content/visas/english/visit/visa-waiver-program.html.

[seanwang 0]

Based on your info, I'm wondering why I can enter Canada. Do I illegally stay in Canada already? Looks like I have overstayed in North America.

[seanwang 0]

The following is the reply I got from the US Immigration Dept. It's possible to enter the States shortly, but required to convince CBP officer.

--If you go to Canada and Mexico or the Caribbean, and while you are there, your initial 90-day period of entry expires, but you need to come back in to the U.S. to fly home, you may encounter a problem. The terms of the VWP are very clear - it is only to be used for occasional, short visits to the U.S. If the CBP Officer thinks you are trying to "reset" the clock by making a short trip out of the U.S. and re-entering for another 90-day period, you can be denied entry. (If that happens, you will have to obtain a visa for any future travel to the U.S. since you will be barred from traveling to U.S. visa free indefinitely) In order to be re-admitted to the U.S. shortly after a previous admission expired, you will have to convince a CBP Officer that you are not trying to "game" the system.

Edited November 21, 2014 by seanwang

[jan22 2,898]

Based on your info, I'm wondering why I can enter Canada. Do I illegally stay in Canada already? Looks like I have overstayed in North America.

Because Canada and the US are different countries. Canada has its own immigration laws that determines who they admit. The US visa waiver program has no bearing on whether Canada decides to admit you or not. There is no immigration law that covers "North America", so you can't overstay on the continent....only in a particular country based on that country's immigration laws.

[seanwang 0]

If my understanding is correct, The reason why I got admitted to enter Canada is based on Canadian Visa Waiver Program, which has nothing to do with American ESTA. So, I still can stay in Canada for up to 6 months based on its own VISA Waiver program. But, my ESTA for the US has already expires since I entered Canada. ...

Please correct me, if any misconception.

So far, I feel that the regulations of VISA Waiver Program are so detailed and stubborn that it's very common for people to ignore or cross the line.

Edited November 21, 2014 by seanwang

[Boiler 43,429]

If you are just visiting it is pretty simple. Problems often arise where visiting and living get confused.