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holiday in USA, on PR, visa needed?

holiday in USA, on PR, visa needed?

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Old Dec 14th 2008, 4:39 pm
  #16  
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Default Re: holiday in USA, on PR, visa needed?

Originally Posted by AdrianR
Me too -which is why it was quite a shock in August to be denied entry to the USA (at the Mexican border in Texas) on the grounds that I didn't have the correct visa...but why would I have a visa if I am from a Visa Waiver Program country? Said the official, "I am denying your right to participate in that program on the grounds you are no longer permanently resident in a VWP country".

An ex-post facto denial...I was escorted off United States sovereign territory at gunpoint.
Where you live is irrelevant as far as the law is concerned ... however, under the VWP you have no right to appeal if refused. So if officer doesn't know the law, or has an "individual" interpretation of the law, you are out of luck.
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Old Dec 14th 2008, 5:01 pm
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Default Re: holiday in USA, on PR, visa needed?

Originally Posted by Maedros
I crossed the border to Buffalo around a week ago and found the process pretty stressful and humiliating. I was under the impression that European Union citizens (from countries included in the Visa Waiver Program - I'm Portuguese) were not required to be fingerprinted and photographed - let alone answer all kinds of ridiculous questions by some stupid Americans, who probably never left their damned small little towns ("So what do you want here? Why didn't you go somewhere else?"). So my EU passport and PR status in Canada didn't really grant me any privilege of any kind, and I was made to wait in a crowded room full of people from Asia or South America, probably living or passing through Canada and visiting Niagara Falls. The atmosphere was very tense in that room, and everybody felt like they were being treated as criminals. I could imagine those armed beasts starting shooting at us if something "suspicious" happened. By the time I was "released" by those creatures that, fortunately, we only see in the movies, I had no wish to see the "Land of the Free", so just drove to Buffalo and half an hour later was back to Canada - such a short trip also surprised the Canadian Immigration officers, who were also suscpicious, but I'll leave that story for another time. The "cowboys" glued some kind of green paper to my Passport, which I'm supposed to deliver within the next three months to their fellow "cowboys" near the border, or to Canadian immigration officers (in an airport, for example). If for some reason I don't do that, very likely, I'll be included in some "terrorist" list and be arrested or, who knows, shot by the "cowboys" for commiting some pretty serious crime at the first opportunity. Notice how the creatures have been instructed to say "Have a nice day, Sir", once they "release" their victims (heard it three times in a row when I left, so it can't be a coincidence). Had I known about this kind of procedure, its quite simple - wouldn't have gone in the first place.

Are you for real?
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Old Dec 14th 2008, 6:43 pm
  #18  
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Default Re: holiday in USA, on PR, visa needed?

Originally Posted by fledermaus
Are you for real?
Just what I was thinking......

They have a right to be suspicious, so that's the default. It's a privilege not a right to enter their country, so you play by their rules - same with any other country.
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Old Dec 14th 2008, 7:27 pm
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Default Re: holiday in USA, on PR, visa needed?

Originally Posted by fledermaus
Are you for real?
It is true, I'm afraid. The first time I was at the US a few years ago none of this happened, though.
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Old Dec 14th 2008, 7:30 pm
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Default Re: holiday in USA, on PR, visa needed?

Originally Posted by Maedros
It is true, I'm afraid. The first time I was at the US a few years ago none of this happened, though.
Would that have been pre 2001 perhaps?
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Old Dec 14th 2008, 7:34 pm
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Default Re: holiday in USA, on PR, visa needed?

Originally Posted by G77
Just what I was thinking......

They have a right to be suspicious, so that's the default. It's a privilege not a right to enter their country, so you play by their rules - same with any other country.
Yes, I don't disagree. The day I went everybody played by the rules, and everybody was presumed a criminal until they proved their innocence. And that's the way they were treated until they were "set free". I saw in that place a culture of intimidation, something you feel in the air, in the small gestures, that I had only been warned about in movies, TV, horror stories yoi read in the papers, etc. Now, I know this is how most people are treated at the border with the US. Being from the "rich world", the EU, and having been admitted to Canada as a PR, "skilled immigrant" status, whatever, perhaps I was expecting they would treat me like I was the Queen of England (Mea Culpa, Mea Culpa.) Or perhpas its just that border controls are something we in Europe (Schengen area) have left behind long ago, and I don't know how to deal with it.

Last edited by Maedros; Dec 14th 2008 at 7:50 pm.
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Old Dec 14th 2008, 7:36 pm
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Default Re: holiday in USA, on PR, visa needed?

Originally Posted by G77
Would that have been pre 2001 perhaps?
Yes, you are right. Mea Culpa, again... I believe they wanted to subject Canadians to the same procedure some months ago, but there was an outcry over here and they just relaxed it a bit... More information here:

http://www.dhs.gov/xtrvlsec/programs...rial_0525.shtm

The green thing attached to my passport is called a "Form I-94".

Last edited by Maedros; Dec 14th 2008 at 7:45 pm.
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Old Dec 14th 2008, 9:17 pm
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Default Re: holiday in USA, on PR, visa needed?

Originally Posted by rae
Despite lots of searches on the Canadian passport sites, and the link to the US embassy in Ottawa, can't fathom this out. I could not see any threads concerning this recently for people travelling by air, where it seems there are different regulations.

So, has anyone recently entered the US by air, on a UK passport with Canadian PR? did you need any further documents, or was a machine readable passport, within the 6mth limit ok with the Visa Waiver Programme?

There is a line on the US site which refers to, 'unrestricted permanent residency in the UK' written in your passport apparently, i can't find it and this will make me ineligible?

not good, supposed to be going to new york in 4 weeks. any info appreciated.

**************I am not an expert*************

This is what my many hours of web surfing and calls to the (premium rate!!) telephone help line turned up when I had to look into the requirements for a trip to the US from Canada (UK passport holder, Canadian PR).

British citizens can use VWP unless they are ineligible for some other reason (my bold):
"...United Kingdom Passports: Only United Kingdom passports notated with “British Citizens” and/or “with unrestricted right of abode in the United Kingdom” are eligible for VWP admission..."
Your passport can either state British citizen or unrestricted right of abode to qualify it would seem.
Source: http://www.cbp.gov/xp/cgov/travel/id...re/vwp/vwp.xml

If you are a British citizen eligible for VWP and resident in Canada, you should not have to show onward travel tickets:
"...VWP nationals resident in Mexico, Canada or adjacent islands are generally exempted from requirements to show onward travel to other foreign destinations..."
Source: http://travel.state.gov/visa/temp/wi...hout_1990.html

That said, when I have flown in and driven out I have always booked a refundable onward ticket back out to Canada as it was not clear whether this was only applicable to land crossings:
"...The VWP permits arrivals from Mexico and Canada at land border ports-of-entry (POEs). The documentary requirements are the same, except there is no requirement for round-trip tickets and signatory carriers, as there are no carriers involved..."
Source: http://www.cbp.gov/xp/cgov/travel/id...re/vwp/vwp.xml

I did my last trip a few months ago and have not yet tangled with ESTA.

The caveats are that you can be refused entry under VWP at the whim of a border officer with no right of appeal of the decision (the ramifications of which strictly speaking would seem to be ineligibility for VWP for future trips to the US unless the reason is that the passport did not meet the machine readability/biometric requirements depending...), etc, etc and that the information I culled from the various websites may not be up to date.

**************I am not an expert*************

You should also note that it is impossible to get a US visa if the issuing office decides you are eligible for VWP (pers. commun. - refusal of business visa application).

Like somebody already said, smile nicely, cross your fingers and hope that your story can be added to the ranks of the thousands of successful (legal) border crossers who enjoy an occasional trip to the US.
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Old Dec 14th 2008, 9:28 pm
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Default Re: holiday in USA, on PR, visa needed?

Originally Posted by acer rose
British citizens can use VWP unless they are ineligible for some other reason (my bold):
"...United Kingdom Passports: Only United Kingdom passports notated with “British Citizens” and/or “with unrestricted right of abode in the United Kingdom” are eligible for VWP admission..."
Your passport can either state British citizen or unrestricted right of abode to qualify it would seem.
Source: http://www.cbp.gov/xp/cgov/travel/id...re/vwp/vwp.xml
Right of Abode in itself is not enough. Passport must say "British citizen".

For example, British subjects with Right of Abode are not eligible for the VWP.
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Old Dec 14th 2008, 9:50 pm
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Default Re: holiday in USA, on PR, visa needed?

Originally Posted by JAJ
Right of Abode in itself is not enough. Passport must say "British citizen".

For example, British subjects with Right of Abode are not eligible for the VWP.
I defer to your expertise.

I'm a British citizen so didn't have to delve further. I would encourage anybody looking into this stuff to refer to the websites referenced and the premium rate help line for further details rather than rely on the snippets I posted.
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Old Dec 15th 2008, 1:48 am
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Default Re: holiday in USA, on PR, visa needed?

Originally Posted by Maedros
I crossed the border to Buffalo around a week ago and found the process pretty stressful and humiliating. I was under the impression that European Union citizens (from countries included in the Visa Waiver Program - I'm Portuguese) were not required to be fingerprinted and photographed - let alone answer all kinds of ridiculous questions by some stupid Americans, who probably never left their damned small little towns ("So what do you want here? Why didn't you go somewhere else?"). So my EU passport and PR status in Canada didn't really grant me any privilege of any kind, and I was made to wait in a crowded room full of people from Asia or South America, probably living or passing through Canada and visiting Niagara Falls. The atmosphere was very tense in that room, and everybody felt like they were being treated as criminals. I could imagine those armed beasts starting shooting at us if something "suspicious" happened. By the time I was "released" by those creatures that, fortunately, we only see in the movies, I had no wish to see the "Land of the Free", so just drove to Buffalo and half an hour later was back to Canada - such a short trip also surprised the Canadian Immigration officers, who were also suscpicious, but I'll leave that story for another time. The "cowboys" glued some kind of green paper to my Passport, which I'm supposed to deliver within the next three months to their fellow "cowboys" near the border, or to Canadian immigration officers (in an airport, for example). If for some reason I don't do that, very likely, I'll be included in some "terrorist" list and be arrested or, who knows, shot by the "cowboys" for commiting some pretty serious crime at the first opportunity. Notice how the creatures have been instructed to say "Have a nice day, Sir", once they "release" their victims (heard it three times in a row when I left, so it can't be a coincidence). Had I known about this kind of procedure, its quite simple - wouldn't have gone in the first place.
Originally Posted by Maedros
It is true, I'm afraid. The first time I was at the US a few years ago none of this happened, though.
I think you miss my point, I wasn't doubting what happened. I was more taken aback by the tone of your comments about US Immigration people, and those about being made to wait with people from South America and Asia. Why shouldn't you wait with those people? You seem to expect the USA to hang out bunting just because you and your EU passport chose to visit.

Maybe they sensed your contempt and were treating you as you were treating them.
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Old Dec 15th 2008, 3:05 am
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Default Re: holiday in USA, on PR, visa needed?

Originally Posted by fledermaus
I think you miss my point, I wasn't doubting what happened. I was more taken aback by the tone of your comments about US Immigration people, and those about being made to wait with people from South America and Asia. Why shouldn't you wait with those people? You seem to expect the USA to hang out bunting just because you and your EU passport chose to visit.

Maybe they sensed your contempt and were treating you as you were treating them.
I respectfully disagree. From years of experience, there are many CBP goons at the land crossings in to the USA that have bigtime chips on their shoulders and will treat everyone like sh1t - whatever their origin.

Don't dare challenge their 'AUTHORITAH'!
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Old Dec 15th 2008, 3:33 am
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Default Re: holiday in USA, on PR, visa needed?

Originally Posted by AdrianR
I respectfully disagree. From years of experience, there are many CBP goons at the land crossings in to the USA that have bigtime chips on their shoulders and will treat everyone like sh1t - whatever their origin.

Don't dare challenge their 'AUTHORITAH'!
Well, the ones we met we just fine. If the majority are a pain in the arse I still don't see why they should be called animals, goons, cowboys, beasts. It probably gives you them a reason to have a chip or two on their shoulder.

Last edited by fledermaus; Dec 15th 2008 at 3:47 am.
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Old Dec 15th 2008, 3:40 am
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Default Re: holiday in USA, on PR, visa needed?

Originally Posted by fledermaus
I think you miss my point, I wasn't doubting what happened. I was more taken aback by the tone of your comments about US Immigration people, and those about being made to wait with people from South America and Asia. Why shouldn't you wait with those people? You seem to expect the USA to hang out bunting just because you and your EU passport chose to visit.

Maybe they sensed your contempt and were treating you as you were treating them.


Well, yes, I was so pi--ed when I wrote that, I may have exagerated. I'm sorry if I offended anyone. I love America and find Americans a kind and generous people, so I was pretty angry that something like that would have made me like it less. Perhaps they did feel some contempt from me, now that I think of it... Very likely not - something also tells me I would be behind bars now had that been the case! It's in the past now.

Last edited by Maedros; Dec 15th 2008 at 4:05 am.
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Old Dec 15th 2008, 5:24 pm
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Default Re: holiday in USA, on PR, visa needed?

Originally Posted by acer rose
**************I am not an expert*************

This is what my many hours of web surfing and calls to the (premium rate!!) telephone help line turned up when I had to look into the requirements for a trip to the US from Canada (UK passport holder, Canadian PR).

British citizens can use VWP unless they are ineligible for some other reason (my bold):
"...United Kingdom Passports: Only United Kingdom passports notated with “British Citizens” and/or “with unrestricted right of abode in the United Kingdom” are eligible for VWP admission..."
Your passport can either state British citizen or unrestricted right of abode to qualify it would seem.
Source: http://www.cbp.gov/xp/cgov/travel/id...re/vwp/vwp.xml

If you are a British citizen eligible for VWP and resident in Canada, you should not have to show onward travel tickets:
"...VWP nationals resident in Mexico, Canada or adjacent islands are generally exempted from requirements to show onward travel to other foreign destinations..."
Source: http://travel.state.gov/visa/temp/wi...hout_1990.html

That said, when I have flown in and driven out I have always booked a refundable onward ticket back out to Canada as it was not clear whether this was only applicable to land crossings:
"...The VWP permits arrivals from Mexico and Canada at land border ports-of-entry (POEs). The documentary requirements are the same, except there is no requirement for round-trip tickets and signatory carriers, as there are no carriers involved..."
Source: http://www.cbp.gov/xp/cgov/travel/id...re/vwp/vwp.xml

I did my last trip a few months ago and have not yet tangled with ESTA.

The caveats are that you can be refused entry under VWP at the whim of a border officer with no right of appeal of the decision (the ramifications of which strictly speaking would seem to be ineligibility for VWP for future trips to the US unless the reason is that the passport did not meet the machine readability/biometric requirements depending...), etc, etc and that the information I culled from the various websites may not be up to date.

**************I am not an expert*************

You should also note that it is impossible to get a US visa if the issuing office decides you are eligible for VWP (pers. commun. - refusal of business visa application).

Like somebody already said, smile nicely, cross your fingers and hope that your story can be added to the ranks of the thousands of successful (legal) border crossers who enjoy an occasional trip to the US.

thank you very much, and to everyone else.

the above is accurate as of now with my research also, i guess i am simply doubting the objectivity of it all, as there is none, its down to hank at the crossing basically.
passport canada refered referreds consulate calgary, which by recorded message gave me a restricted telephone number which does not connect?, and the above links kindly posted by acer rose.
my passport shows british citizen on the rear photo page, but only mentions right of abode in the notes area-good grief.
so here goes, i am booking and going on my passport only for the VWP, we'll see, i'll let you know. the b1/b2 just does not seem applicable, but like i say we'll see. thanks again, rae.
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