Zimborefugee

I called an attorney asking what was the best way to renew my ESTA visa and he said I could go to Bahamas, and now I am told it might not be the best idea. I dont have enough money to fly back to the UK and then back to the states. It is quite cheap to fly to Bahamas, but will it work in the renewal of my visa and will the US accept my re-entry?

discoviking

There is no such thing as an ESTA visa. ESTA is pre-authorization to seek entry under the Visa Waiver Program, also known as VWP. The keyword here is 'Waiver', which means that you are allowed to enter as a visitor *without* a visa. Terminology is important.

Reading between the lines, I assume you are a VWP entrant admitted for 90 days, your 90 days are up, and you want to enter for another 90 days. You are correct, you can not get another 90 days by going to Canada, Mexico or the contiguous islands - you need to go farther away.

You should also keep in mind that the rule of thumb is to spend as much (or more) time time outside of the US as you spent inside. In other words, if you have spent close to 90 days in the US already, you should spend 90 or more days outside the US before you attempt another entry.

You may want to consider going back to the UK for now, and research CR-1 and K1 visas if the relationship with your USC boy/girlfriend of the opposite sex is serious enough to consider marriage. You can find information on this in the Wiki.

SanDiegogirl

So do you have a return ticket to the UK? If not, how come you came in on a VWP?

Noorah101

You don't need any money, you already should have a return ticket in your hand. Traveling on the VWP requires one to travel with a return ticket.

Rene

crg

What happens when you're attempting to depart the US for the big turnaround for more time if the officials in the Bahamas decide they don't want to risk being stuck with you if the US says no and they refuse to admit you?

maore

What about if the OP goes to Canada and apply for a B1/B2 at the US embassy ?
In terms of cost it would be like
30 days accomodation
car journey cost
Apparently with a B1/B2 you could stay for 6 months at once ...

crg

The most likely outcome is that the consular officer in Canada would take the application with fee and then promptly load the applicant into a catapult and launch him over the consulate wall into the street while laughing hysterically at the futility of his attempt.

maore

well the CO will have to justify the refusal/denial by some sort of legislative reasons.As far as I am aware:

1. The OP can not use ESTA based on the information provided in this Thread even if an ESTA is valid for 2 years

2. VWP aliens are not restricted to a single entry for a certain period of time
so I do not get why he could not just go back and forth to Canada,Bermuda,Bahamas or Mexico for the purpose of extending his stay in the US ?

3. B1/B2 visa is solely based on him demonstrating he/she will intend to go back to his country , I personally do not see any difference if he apply for it in Mexico,UK or Canada because the fact of the matter is in any case he just left the US after a long stay and most importantly he did not Overstayed.

paulpur

ESTA is kinda irrelevent here, its nothing to do with the discussion at hand....

the CO doesnt need to justify the refusal of the b1/b2 visa at all, he can just say that he doesnt believe its worth the risk of issuing it for any numerous reasons , risk of overstaying for example...thats his case closed lol

i see what your saying about vwp visitors not being restricted to a single entry , but then nothing in the rules says that they CANT be restricted to a single entry if thats what the CBP officer decides to do....trying to flaunt the rules by doing back to back vwp visits rather than getting the proper visa is often not looked at too kindly with the cbp

as to poin 3 of your post Maore, the chances of even getting a b1/b2 visa are remote unless you are retired or in 1 of another few situations, most people who are eligible for the vwp do not get b1/b2 approved

S Folinsky

Section 214(b). It is true that ConOff should not make any kind of 212(a) denial.

coopa_troopa

That is very interesting since this is what happened to my son recently. Where can I find more info on this?

helpmeplease123

The CO does not need to justify anything - a stamped 214b form and you're out of there. Just try and demand an explanation and see what happens! A tourist visa is based on he/she demonstrating no desire to stay yes, as well as many other things - including one very important one FUNDS. The OP can't afford a flight back to the UK - how can they afford 6 more months jobless in the US? How would you prove any real ties if you've been in the US for 3 months, want to stay many more months and don't even want to go back to the UK briefly to try and get a visa (i.e only travelling to Canada). The con off will suspect either illegal work or a relationship - both of which will lead them to believe the OP has immigrant intent.

I really, really recommend you go back to the UK and wait for 3-4 months til you can go back on the VWP. If you apply for a visa and get denied (which it seems like you most probably would), you may have to wait far, far longer before you can return to the US.

As for point one, the OP can use ESTA, i'm not sure where you got it from that they couldn't - running out of days on a particular ESTA trip does not mean the OP cannot use it but you must leave and come back (which would be needed to get a visa anyway). You can of course go straight back if you wish but you risk being denied entry. I'm under the impression that if you get denied entry to the US while travelling on the VWP you won't be able to use it again - which is really not worth the risk.

crg

I disagree with a few of your points. There are a few factors working against such a plan.

1) The VWP applicant isn't normally granted a new 90 day period of admission if they merely depart to Canada/Mexico or nearby islands.

See:
§ Sec. 217.3 Maintenance of status. (Section revised effective 4/1/97; 62 FR 10312 )

(b) Readmission after departure to contiguous territory or adjacent island . An alien admitted to the United States under this part may be readmitted to the United States after a departure to foreign contiguous territory or adjacent island for the balance of his or her original Visa Waiver Pilot Program admission period if he or she is otherwise admissible and meets all the conditions of this part with the exception of arrival on a signatory carrier.

2) It is generally more difficult for someone to get a B1/B2 visa at all if they are eligible for the VWP.

3) It is extremely difficult for someone to get a B1/B2 visa if they are eligible for the VWP and just completed a 90 day "visit" the day before on the VWP.

4) Obtaining a B1/B2 visa with a USC fiance or significant other who resides in the US.

5) It is extremely difficult to be granted such a visa in a country where you don't reside/work. They prefer that the applicant seek the visa in their home country. Such applications are not warmly received.

6) They don't have to justify 214(b) denials

So this is why I suspect the catapult would be used.

coopa_troopa

I really would like to know more about this. Can you direct me to a source?
Thank you.

S Folinsky

It is discussed in the "Foreign Affairs Manual". The FAM is pretty much the "Bible" for ConOffs.