VWP 90 day period after moving to Canada

[xolu 0]

Hello, I have a question pertaining to the 90 day visa waiver program period and what happens in the case that I have moved to Canada on a 2 year work permit.

 

I travelled to Canada as a visitor from my home country via the US at the beginning of December 2021. After arriving in Canada I applied for and received a letter of introduction to receive a 23 month work permit. In January I travelled to the US-Canada land border and flagpoled to activate my work permit. I did not seek entry to the US, I just crossed the bridge, the US border agent gave me a piece of paper that said flagpole on it, I turned around and went back over the bridge.

 

I now wish to visit the US for a short 5 day tourism trip. I've been in Canada for just over 60 days at this point, and am considering when it will be okay for me to travel to the US. I was looking at travelling to the US (via air) on the 21st of February, returning on the 25th. This would be just inside the 90 day window from when I first transited the US in December. I am worried that this is a bit risky in case there was some reason that delayed my return home to Canada (testing positive for covid, for example). 

 

My question really is that is the time that I've been in Canada being counted as part of a 90 day VWP, even though I am now a legal temporary resident of Canada, or will I be granted a new 90 day period upon travelling to the US again? Would it be better for me to remain in Canada for over 90 days before attempting to travel to the United States using the VWP?

 

Thank you for any advice anyone can provide.

 

I have also posted this question on reddit, where I have received some advice already. I'm posting here as well just to see if anyone has any other advice to offer me as I want to try and gather as much information/anecdotes as possible before booking my travel. 

[Mike E 11,760]

I can’t tell from your post how many days you were in the USA and when. 
 

The pattern of visit   USA for X days, stay away for X+1 days, visit again for Y days usually works. 

Edited February 5, 2022 by Mike E

[xolu 0]

11 minutes ago, Mike E said:

I can’t tell from your post how many days you were in the USA and when. 
 

The pattern of visit   USA for X days, stay away for X+1 days, visit again for Y days usually works. 

Sorry Mike, managed to exclude that somehow. I was in the US for 5 hours waiting for my connecting flight to Canada, didn't leave the airport.

 

My only concern really was that I wasn't sure whether moving to Canada will be counted as staying away for X+1 days seeing as they usually count short stays in Canada was part of your 90 day period. I'm not doing a short stay but I've only been here 2 months and change so was just wondering if it would be prudent to wait until later to visit the US, they don't seem to define short/long stays exactly. They mention permanent residents of canada/mexico not requiring a significant departure to fulfil the requirements, but I'm only a temporary long term resident rather than a permanent resident and I'm not sure if this distinction matters.

 

As an aside, I was taken into secondary questioning when I transited through the US in December as the primary questioning border agent said that there was no record of my ESTA in the system after he scanned my passport. In secondary questioning they only asked me what the purpose of my travel was, then said they just had to check my ESTA for some reason. They then gave me back my passport and I was on my way. I'm not sure if this is going to be a problem in the future, but if I check my ESTA status on the website it still says that my travel is authorised. (It also said my travel was authorised the day I departed my home country, so not sure why I was taken aside.)

Edited February 5, 2022 by xolu

[Mike E 11,760]

My understanding is that because you have residency in Canada the rule that counts Canada as part of your authorized stay doesn’t apply

 

https://travel.state.gov/content/travel/en/us-visas/tourism-visit/visa-waiver-program.html#overview

 

“Citizens of VWP countries* who reside in Mexico, Canada, or a nearby island are generally exempted from the requirement to show onward travel to another country* when entering the United States.”

 

Edited February 5, 2022 by Mike E

[xolu 0]

1 hour ago, Mike E said:

My understanding is that because you have residency in Canada the rule that counts Canada as part of your authorized stay doesn’t apply

 

https://travel.state.gov/content/travel/en/us-visas/tourism-visit/visa-waiver-program.html#overview

 

“Citizens of VWP countries* who reside in Mexico, Canada, or a nearby island are generally exempted from the requirement to show onward travel to another country* when entering the United States.”

 

Okay thanks for your advice Mike. Does seem like I'm overthinking it a bit, I wish there was a nicely outlined box something that described my exact scenario and said yep all good to allay my worries, but its not always that easy. I'm a citizen of a VWP country residing in Canada so I'd say that sentence is pretty much describing my scenario so I'll take that as guidance. 

 

Different question, should I apply for a new ESTA because I wish to visit? Previously answered Yes on the question that asks whether I'm transiting when applying for the ESTA.