I-94 or B-2 visa?

[Danny P 0]

Hi all,

 

I am flying to Canada from the UK, driving overland into US lower 48, and then driving overland to Alaska via Canada. I will then drive overland back into Canada and fly back to the UK. The whole trip is for tourism purposes. I am a British national

 

As I am driving overland from Canada, I do not need an ESTA. However, I have visited Sudan and Somalia for tourism purposes since March 2011. Therefore, will an I-94 form suffice?

 

My understanding is that the travel restrictions on certain countries applies to the VWP and not specifically to ESTAs. So I think I need to apply for a B-2 tourist visa and an I-94 will not be enough.

 

Anybody have another opinion on this?

Thanks in advance,

Danny

Edited August 10, 2019 by Danny P

[JFH 12,189]

You will need a B-2. The ESTA is just an electronic “pre-approval” for the VWP for air and sea arrivals. You are still using the VWP when you arrive by land, just without the ESTA step beforehand. 

 

The general rules of the VWP still apply, however you arrive and regardless of whether you are required to complete the online pre-approval (ESTA) or not. It’s the VWP that doesn’t permit non-military travel to Sudan, Somalia, etc, not ESTA. 

[Danny P 0]

Hi JFH,

 

Thanks for clearing that up. That's what I was expecting. I'll go for the B-2 and all will be well.

 

Cheers,

Danny

[JFH 12,189]

You will need a B-2. The ESTA is just an electronic “pre-approval” for the VWP for air and sea arrivals. You are still using the VWP when you arrive by land, just without the ESTA step beforehand. 

 

The general rules of the VWP still apply, however you arrive and regardless of whether you are required to complete the online pre-approval (ESTA) or not. It’s the VWP that doesn’t permit non-military travel to Sudan, Somalia, etc, not ESTA. 

 

Edited to add: you mention you are a “British National”. Only British citizens are eligible for the VWP. British nationals (citizens of British   overseas territories) require a B-2. But many people call themselves “British nationals” when they are, in fact, British citizens. 

[Danny P 0]

Good spot. Yes, I'm a British citizen. Thanks for the help.