ESTA expiring in USA but want to extend

[Zaffa]

Hi everyone, so desperately needing sound advice. We are two senior Aussies who purchased a 55 mono in New York in March. We only had enough time in Australia to get a waivered ESTA visa as our earliest B1/B2 interview in Australia was the end of May but settlement and commissioning of the boat was end of March onwards. Unfortunately I hurt my knee and back in the flight over (suitcase fell out of overhead locker) and have only now been able to get around without two much pain. So preparations have been slowed down immensely. (I didn’t report to the airline about the mishap and my injury at the time and no one spoke to me on landing and I regret it very much now as I don’t have a paper trail that may have helped me).

Our visas now run out at end of June and our boat (and we) aren’t really fully prepared to sail north to Canada (I’m still not very familiar with the boat and sea so an Atlantic crossing isn’t an option).

Can anyone offer any advice on what we could do. We have actually applied and paid the monies for an extension to our visas and have separate interviews with USCIS coming up early June. But on speaking to Customs and Border Protection today, they think we are wasting our time and money on applying for this extension as it’s only for non-immigrants and not waivered ESTA visa holders.

Any advice fellow sailors…. would so appreciate any input as just not getting anywhere. Thank you in advance.

[Zanshin]

I didn't realize that there was a difference in the length of stay between the ESTA and B1/B2 entries - I thought that both were 6 months. How many months did you get on the ESTA?

Do you already have a cruising permit for your boat? Is the boat still in New York? The sail/motoring up the coast to Boston isn't particularly challenging, but I don't have experience further north and into Canada.

[Zaffa]

90 days only

[Zanshin]

Assuming you get the extension, are those 3 extra months going to be enough? Perhaps you can store the boat, leave the USA, then return again with an appropriate length of stay. I have to admit that I now have the visa, because I cannot otherwise sail into the USA - the ESTA won't cut it for doing that.

What about Bermuda as an interim destination? That's only a couple of days sail away.

[boatman61]

Fly to Canada for a two week break then get another ESTA online..
Mind I am surprised as the ESTA we get is valid for two years so I just have to leave the US territory by plane then am able to return a couple of days later for another 90 days with the same ESTA.
UK citizen.

[Zaffa]

Thank you for your input. I think you are partially right (but stand to be corrected) in that you cannot initially enter the US by boat on an ESTA and must get a B1/B2 visa. Exception to that is if you already have an ESTA 90 day (waivered visa program) that is still valid and you leave the US to a neighbouring country, then you can re-enter with your boat from the neighbouring country.

But if your ESTA has expired you must then get a B1/B2 visa, or fly back into the USA from a neighbouring country, get an ESTA, go back to your boat, and then sail it in. To say it’s quite a process is an understatement…. not to mention very confusing.

Re us putting the boat into storage and flying out for awhile, it’s really not an option mainly because of the dollars involved. Buying the boat, outfitting it, repairs, licences, flagging the boat etc., the option of flying back to Australia and putting the boat into storage is stretching our bank account just too far. But thank you for the suggestion.

[Zanshin]

The entry stamp in the passport does work, particularly for the USVI and BVI, where a ferry trip can replace the initial vessel entry problem. I've confirmed that with immigration officials in St. Thomas. But that doesn't help you in your predicament.

The USA is one of the few countries that doesn't require an exit Zarpe. And upon doing an exit clearance, your paperwork is not checked, you just get the exit form.

If you were to overstay your current visa you would incur the wrath of the authorities and not be allowed re-entry into the USA for 5 or more years, if it were detected.

[Sun and Moon]

If I recall correctly, going to Canada or Mexico won't reset your ESTA. Possibly same for Bahamas and maybe Bermuda too, but just speculating. If you leave and return soon they will surely question what are you doing. My sources say to be gone as much as you stay to avoid hassles.

[Montanan]

Originally Posted by Zanshin

I didn't realize that there was a difference in the length of stay between the ESTA and B1/B2 entries - I thought that both were 6 months. How many months did you get on the ESTA?

Do you already have a cruising permit for your boat? Is the boat still in New York? The sail/motoring up the coast to Boston isn't particularly challenging, but I don't have experience further north and into Canada.

A cruising permit is linked to the boat, not the passengers / crew.

An ESTA permits a foreigner to travel by commercial carrier [airplane, cruiser ship] to the USA, but an ESTA is not per say a visa. Visas are granted [or not granted] by the US Customs and Border Patrol agent upon arrival. An ESTA permits a foreigner to travel to the USA and present themselves to the US CBP agent upon port of entry.

The Electronic System for Travel Authorization (ESTA) is an automated system that determines the eligibility of visitors to travel to the United States under the Visa Waiver Program (VWP). ESTA was mandated by the Implementing Recommendations of the 9/11 Commission Act of 2007.[1] ESTA only authorizes travel to a U.S. airport, border or port of entry, but admissibility into the United States is determined by a U.S. Customs and Border Protection (CBP) officer upon arrival. The ESTA application collects biographic information and answers to VWP eligibility questions.

A B1/B2 visa is required for foreigners to enter the USA by non-commercial carrier, e.g., by private vessel, private vehicle, walking across the border.

B1/B2 visas are issued by the US Embassy or Consulate in the country of residence / citizenship of the non-immigrant foreigner. B1/B2 visas require an interview appointment at the US Embassy or Consulate in the foreign country.

Have you pursued a B1/B2 visa at the US Embassy / Consulate in Australia?

If so have you had your interview appointment?

Were you granted a B1/B2 visa?

If issued, for how long is it valid? Expiration date?

There can be considerable wait time for obtaining an interview appointment. Presently there is a 154 day waiting period in Sydney.

[Zanshin]

I did my B1/B2 interview in Sydney - I was living there at the time. It was a several months wait back then.

I know that the cruising permit is linked to the boat, not the owners. But I wanted to know if the boat in question had already been re-flagged; the OP didn't answer that question. So we don't know if the BOAT must also leave the USA, or just the owners.

[Montanan]

[QUOTE=Zanshin;3783199]I did my B1/B2 interview in Sydney - I was living there at the time. It was a several months wait back then.

I know that the cruising permit is linked to the boat, not the owners. But I wanted to know if the boat in question had already been re-flagged; the OP didn't answer that question. So we don't know if the BOAT must also leave the USA, or just the owners.[/QUOTE]

[Montanan]

So I will try to summarize the situation:

You apparently have not had a B1/B2 visa interview because you left Australia in March arriving via the visa waiver program. That means you have an electronic I-94 associated with your ESTA arrival and that will expire in June [typically 6 months from date of entry]

So no B1/B2 visa.

You have applied for an extension of your visa and have an interview scheduled for June, presumably applying before your I-94 expiration date, but yes, an extension does not seem viable as you arrived utilizing the visa waiver program. Reference below.

If you want to extend your stay in the United States, you must file a request with U.S. Citizenship and Immigration Services (USCIS) on the Form I-539, Application to Extend/Change Nonimmigrant Status before your authorized stay expires. If you remain in the United States longer than authorized, you may be barred from returning and/or you may be removed (deported) from the United States. Check the date in the lower right-hand corner of your Form I-94, Arrival-Departure Record, to determine the date your authorized stay expires. We recommend that you apply to extend your stay at least 45 days before your authorized stay expires.

You may apply to extend your stay if:

You were lawfully admitted into the United States with a nonimmigrant visa for example, a B1/B2 visa
Your nonimmigrant visa status remains valid
You have not committed any crimes that make you ineligible for a visa
You have not violated the conditions of your admission
Your passport is valid and will remain valid for the duration of your stay

You may not apply to extend your stay if you were admitted to the United States in the following categories:

Visa Waiver Program This seems to preclude you.
Crew member (D nonimmigrant visa)
In transit through the United States (C nonimmigrant visa)
In transit through the United States without a visa (TWOV)
Fiancé of a U.S. citizen or dependent of a fiancé (K nonimmigrant visa)
Informant (and accompanying family) on terrorism or organized crime (S nonimmigrant visa)


The I-94 date is not the same as your visa expiration date. In fact, both, serve entirely different purposes, so it is important to know the differences between the two. Your I-94 date is the official record of the authorized length of stay that you have. This means that, while you may hold a multiple exit/re-entry visa which is valid for 10 years, your I-94 record may only indicate a validity period of 6 months. In a case like this, you will need to depart after 6 months. Alternatively, you will have to apply for an extension in order to stay longer.

The visa expiration date is the last date that you can seek entry into the United States. This allows you to use a window period during which you can book your travel to the country. This means you can enter the United States on the last date of entry possible (the expiration date). If you do this, you will still receive a legally authorized length of stay.

Your visa can also expire while the issued I-94 expiration date record allows you an authorized stay in the United States.
As a rule of thumb, remember that your I-94 expiration date is what you should go by when determining the authorized length of stay in the United States. If you stay past your I-94 expiration date then you become “out of status.” In this case, your visa is automatically cancelled. An overstay can also become “unlawful presence.” This can lead to more problems, including arrest and deportation by U.S. authorities.

[boatman61]

Originally Posted by Zanshin

I did my B1/B2 interview in Sydney - I was living there at the time. It was a several months wait back then.

I know that the cruising permit is linked to the boat, not the owners. But I wanted to know if the boat in question had already been re-flagged; the OP didn't answer that question. So we don't know if the BOAT must also leave the USA, or just the owners.

If it's an American boat it can come, go, stay as often and as long as it wants regardless of flag.. its the owner who has the problems.
This according to C&I in Morehead City, NC about my Hunter 37c.

[SailingHarmonie]

Originally Posted by boatman61

If it's an American boat it can come, go, stay as often and as long as it wants regardless of flag.. its the owner who has the problems.
This according to C&I in Morehead City, NC about my Hunter 37c.

There is a catch here however, a boat can not be US Flagged if owned by a NON-USA citizen...

Unless the rules have (very recently!) changed.

(A boat can be state registered, by a non-USA citizen, but that is not the same as US flagged...) Sooooo complicated...

[Montanan]

Originally Posted by boatman61

Fly to Canada for a two week break then get another ESTA online..
Mind I am surprised as the ESTA we get is valid for two years so I just have to leave the US territory by plane then am able to return a couple of days later for another 90 days with the same ESTA.
UK citizen.

An ESTA is a travel authorization permitting a person to come to the USA via an approved carrier [airline or cruise ship], it is not a visa, it does not allow admittance to the USA, merely travel to the USA.

Once your ESTA is authorized, it is good for two years from the date of the authorization unless it is revoked or your passport expires during that two year period.

Your travel authorization will be revoked the same date your passport expires if your passport expires in the two year authorization period.

Your ESTA may also be overwritten or revoked if you submit a NEW ESTA application in that two year time period.

Each approved ESTA application generally is valid for two years and allows for multiple visits to the United States within that period without having to apply for another ESTA approval. Travelers whose passports will expire in less than two years will receive an ESTA valid until the passport’s expiration date.

A new travel authorization is required if: (1) the traveler is issued a new passport; (2) the traveler changes his or her name; (3) the traveler changes his or her gender; (4) the traveler’s country of citizenship changes; or (5) the circumstances underlying the traveler’s previous responses to any of the ESTA application questions requiring a “yes” or “no” response have changed. The associated fee will be charged for each new application submitted.

Entry under the visa waiver program provides for a visa for a stay up to 90 days before departure is required.

The OP's visa's clock is running out.

I would recommend departing the USA before the visa expiration date, e.g.,fly to Canada, stay a while, then return by flight to New York to obtain another 90 day visa waiver program visa. Then arrange to promptly sail to Canada. But to reenter the USA from a foreign place by your newly acquired vessel you will need to obtain a B1/B2 visa which will require that you return to Australia and pursue a B1/B2 visa. You should apply for an interview appointment with will be a half a year or more from date of application.

By the way, trying to get a B1/B2 visa in Canada is not viable because you do not have permanent residency status in Canada and because the wait time for a B1/B2 visa appointment in Canada is two years or more.

One should attend to obtaining the proper B1/B2 visa prior to arriving in the USA.

You can use the flight back to Australia to visit family and friends.