JoD

Hi. I am hoping to go over to the States sometime around Christmas with my visiting British mother-in-law. As a Permanent Resident, I assume I am able to go across the border without having a visa (although I will have to produce paperwork etc at the border), but what about my mother-in-law? I know she doesn't need a visa to visit me here in Canada, so does anyone know what she would need to get into the States for a 1 day visit?

Thanks

dbd33

She needs a visa waiver, that is, she has to fill in a form at the border, get it stamped and return it on the way out.

iaink

Visiting the US has NOTHING to do with you status in Canada.

If you needed a visa before, you still need one, PR or not.

Generally as a Brit you dont need a visa, but driving over the border sometimes they will stop you and you'll have to stump up the $us cash for the temporary green card...sometimes they just wave you through.

For other nationalities different rules may apply, but PR doesn't get you any special privileges with US immigration I'm afraid.

To make life easier having proof of arranged return to the UK from Canada (as proof she intends to leave the US again) is worth having handy, but you probably wont need it. As a PR if you have your drivers license, PR card etc it shows ties in canada, so they will probably not see you as a threat to overstay anyway.

George-Ang

Me and the Family did our landing last weekend, we had to enter the states, they gave us 2 options, we could either be refused entry, and be given the paperwork to return, this has no effect on future entries, or they said we could have a 90 day pass, this cost $6 US. each, VISA CARD accepted or US Cash, after 90 days it is either returned to where you purchased it or given to any Canadian customs office. Or if on returning you wont need it again, they will take it off you then. As we plan to visit the states over xmas we thought why not just pay, i need 1 anyway, being a trucker.

jcexit

Absolutely right! I did it earlier on this year (March) and a few years ago when I entered the US at Niagara Falls (before I emigrated). My daughter did the same thing about 5 years ago. Pre 911 I was able to get in using my Canadian driver's license. Not this year, they have tightened up at the border. If you are not a Canadian citizen you travel under the passport of your own citizenship and Brits need the visa waiver.

philcUK

If you are not a Canadian citizen you will both need a Form I94 to enter the US. It will cost US$6.00 per person. Present your UK passport, not your PR card, when you try to enter the US and they will direct you into some small office to fill out the form. If you have children you may be asked to show they birth certificates, they could deny you entry if you don't have them. Yes, I can hear you all "I have never been asked for the birth certificate". They can ask for the birth certifcate, and they can refuse entry if you do not have them.

If you are Canadian you now need a passport to enter the US it is easier, I do not know if the rule has come into effect yet, but it will very soon.

iaink

That should read should both need , sometimes they just waive you on through, especially if you are a PR. At least it seems they take visa cards now, it used to be strictly US cash only.

Not that soon, it's not a requirement for all crossings till Jan 1st 2008, but will be necessary for air & sea port entry from Dec 31 2006. To simplify things the canadian government are starting to recomended passports now.

http://www.voyage.gc.ca/main/pubs/usa_bound-en.asp
http://travel.state.gov/travel/cbpmc/cbpmc_2225.html

philcUK

[QUOTE=iaink]That should read should both need , sometimes they just waive you on through, especially if you are a PR. At least it seems they take visa cards now, it used to be strictly US cash only.

No, it should read "will". Read the documents about entering the US, it does not say "should". They do not regonize the PR card. Hey, but what the hell, it will not be me stuck at the border, I'll have my passport.

I accept that you may have been waived through the border with a PR card, stranger things have happened, but tell me you have always been able to get through the border with a PR card. Granted you can get into Canada providing you are holding a cup of Tim Horton's coffee, but that's not the rule for entering the US.

I do not think you links are helpful. One applies to US citizens and one applies to Canadian citizens, I believe the original question was posted by a UK citizen holding a PR card, that make's them a UK citizen, so the rule for a UK citizen apply.

dbd33

[QUOTE=philcUK] You do know that there are Tim Horton's in the US, don't you ? That's no guide.

I've crossed the border countless times in the past year, often without using any documents at all and despite saying that I'm going to work. I recently went into the US and back twice in one day with a child without using any documents. Sometimes I use a British passport and then, sometimes I have to fill in the visa waiver, often they don't bother with it. I've been in and out of the US with various relatives many, many times and we've never been asked for any money. The border officials may not recognize the PR card but a British passport and a reasonable attitude work fine.

iaink

Assume whatever you like. I've made the mistaken assumption that only brits post on british expats before. In any case, its not safe to assume that every brit is entitled to visa waiver status as its simply not true, minor legal skirmishes or problems with US immmigration in the past mean many Brits have to get a Visa regardless.

Legally you are correct, but in practice more often than not I have not required the I94W. I dont want to get into semantics bit "Will" implies that 100% of the time you are going to get pulled over and have to get the green card. Thats what should happen, but it was not my experience, even post 911, without a PR card. It happened twice out of over 20 trips over the border before I became a citizen.

I suggest you go read the links again, as you posted the misinformation that made it necessary for me to find them in the first place. Both are at least in part regarding Canadians or Canadian PRs going to the US, and the US state department one tells you exactly what the US intends asking visitors to provide and when.

In case you dont know, the PR card is only relevent if you are using a "carrier", eg not using your own private transport, so its probably not relevent in this case. There is NO legal precedent for US or Canadian immigration to ask for it if you are crossing in your car, but it is obviously the easiest way to prove your status. Really what you should also have is your PP with the long form in it just in case.

philcUK

I am glad you agree I am legally correct, it is the only way to be correct.

I think the original question should have been answered to indicate the "legally correct" way to enter the US, and not just a bunch of people's experience's about crossing the border. It's strange how legally correct can be considered missinformation.

It would be unfortunate for a person to be prevented from entering the US because a US immigration offical was applying the letter of the law. I have never been able to enter the US without a passport and a valid I94. I travelled to the US in October this year, and was asked for the birth certificates of both children, the official stated he could refuse entry, but just said bring the certificates next time. I accept the rules are flexible, and hope in the future I can get the same flexibility, but I will not plan for it.

Here is the link you should have provided:-

http://www.cbp.gov/xp/cgov/travel/va...entary_req.xml

I agree that the PR card is only required when travelling on a "carrier", but it is a "valid" document for returning to Canada in a car.

dbd33

In short, she needs a British passport. She should carry her return ticket out of Canada and six US dollars just in case.

dbd33

There's nothing strange about it at all. It is, for example, legally correct to say that one cannot bicycle in Toronto without a helmet but to tell someone that would be misinformation as most cyclists do not wear helmets. Similarly, the speed limit on Canadian highways is about 62 mph but the standard speed of the traffic is about 75, telling someone to drive at 60 would inconvenience and perhaps endanger them.

In any example involving the law what is useful is to know the letter of the law and the practical application of that law.

iaink

I was refering to "If you are Canadian you now need a passport to enter the US", but dbb has a good point.

jcexit

[QUOTE=dbd33]
You have one, then?