Visiting USA (3 months) and Canada (> 1 month) on Esta and return to the US to get on the plane home

Upvote:1

Can we apply in Canada at a US Consulate for a transit visa or something else?

Yes, you can apply for a tourist visa in Canada. I know for a fact that US consulates in Canada allow third-country citizens to apply for a visa there and a lot of folks routinely go out of the US to Canada for visa stamping.

However, if your visa application is denied, you may lose your ESTA eligibility (CBP source).

Could we enter the US from Canada again without Esta, but with an I-94?

What does this mean? I-94 is the Immigration form that details your current status in the US, it's not a visa or a permit to enter of any kind.

Would it help to book a flight to Belize for about a week? Would we get stamped new 90 days in this case?

If you land in the US, then yes. If you fly to Belize from Canada and enter the US from Canada by car then you've achieved nothing.

Upvote:3

Problem: I just found out, that the Esta won't get renewed if I enter the US again from Canada.

This is incorrect. When you go to Canada from the US as a visa waiver program visitor, and then seek to return to the US, the US officer has the option of readmitting you for the balance of the initial 90-day period. The officer can also grant a new 90-day period (or deny admission altogether, of course).

If you leave the US for Canada and then try to re-enter after the end of the initial 90-day period, there is no time remaining in the initial 90-day period, so this regulation does not apply. In this case, the officer can grant a new 90 day period (or, as always, deny admission).

If you leave the US before August 6th and seek to return over a month later in mid September, there is every likelihood that you will be admitted under the VWP, provided that it is clear that you are returning primarily for the purpose of flying home.

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