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-   -   Land border crossing to the US (https://britishexpats.com/forum/canada-56/land-border-crossing-us-827860/)

Oakvillian Mar 7th 2014 5:59 am

Re: Land border crossing to the US
 

Originally Posted by Steve_ (Post 11163066)
Then you need to search the web, plenty of stories of people running into trouble for supposed overstays.

No, there aren't. Could you point me to one instance (even a forum post would do) where an individual, resident in Canada and a citizen of a visa waiver country, has been denied entry at a land border crossing for failure to surrender an I94W on a previous visit? I couldn't find one, not a single one. Plenty of "you may" or "it's possible that" - perhaps your googling skills are better than mine.

I await some evidence in eager anticipation...

Steve_ Mar 7th 2014 6:16 am

Re: Land border crossing to the US
 
At a land border no. And I doubt I could find one given that you've got to be a third country national.

However having said that: http://www.hstoday.us/focused-topics...nitiative.html

So not exactly unlikely with that technology in place. Although I suppose one could argue it's less likely as the I-94 becomes superfluous.

ghunter Mar 7th 2014 6:29 am

Re: Land border crossing to the US
 

Originally Posted by Oakvillian (Post 11163085)
No, there aren't. Could you point me to one instance (even a forum post would do) where an individual, resident in Canada and a citizen of a visa waiver country, has been denied entry at a land border crossing for failure to surrender an I94W on a previous visit? I couldn't find one, not a single one. Plenty of "you may" or "it's possible that" - perhaps your googling skills are better than mine.

I await some evidence in eager anticipation...

My partner had an old green slip (I94W) from 2011 from a day trip he took on his IEC, and then had gone back to the UK for 2 years and forgotten about it. When we tried to enter the states again in 2013 at the Coutts crossing it took us well over an hour to convince the officer that he has not overstayed, and that he should not be subjected to whatever punishment comes for an overstay. We had to show proof of him returning to education in the UK later in 2011 as proof that he couldn't' have stayed that long, as well as bank transactions on his statements from different locations showing that he had indeed left. While that may not seem like a lot of requirements, trying to find this kind of proof on your mobile at the border is not the simplest thing to do.

It might not happen often, but it sure as hell sucks when it does. I would certainly advise everyone to destroy it after expiry - there's no reason not to.

jamesmc Mar 7th 2014 6:58 am

Re: Land border crossing to the US
 
do not in a million years leave your i194 in your passport if its expired and traveling to the USA..
been there done it and would rather slam my hand in a car door for 10minutes than go through the interrogation again!!!....never mind refusal to the USA....they can and will if you are on a TWP and not a Canadian PR yet send you back to the country you are a citizen/resident off.
Before anyone says bollocks thats what i was threatened with when i tried to cross with a expired 194 in my passport james.

Oakvillian Mar 7th 2014 7:16 am

Re: Land border crossing to the US
 

Originally Posted by Steve_ (Post 11163110)
At a land border no. And I doubt I could find one given that you've got to be a third country national.

However having said that: http://www.hstoday.us/focused-topics...nitiative.html

So not exactly unlikely with that technology in place. Although I suppose one could argue it's less likely as the I-94 becomes superfluous.

So, no, then. And presumably the coordination of entry/exit checks referred to in your link will mean that CBSA will be able to reassure CBP that an individual did actually come back into Canada in between times, so it'll make it even less likely to be a problem in the future.

Originally Posted by ghunter (Post 11163126)
My partner had an old green slip (I94W) from 2011 from a day trip he took on his IEC, and then had gone back to the UK for 2 years and forgotten about it....


Originally Posted by jamesmc (Post 11163181)
do not in a million years leave your i194 in your passport if its expired and traveling to the USA.....

Leaving the expired I94W in your passport at your next entry to the US is a different matter. That simply gives the CBP agent an excuse to give you a hard time. If you've just taken it out and destroyed it, I'm very far from convinced that anybody would know, let alone that anything would happen.

dg31 Mar 7th 2014 7:24 am

Re: Land border crossing to the US
 
Thanks for the advice everyone, sounds like getting rid of it is the easiest way to go, especially having flown to the UK and back to Canada since then so I'll have the entry stamp from THAT to show I didn't overstay

MarylandNed Mar 7th 2014 8:03 am

Re: Land border crossing to the US
 

Originally Posted by Oakvillian (Post 11163206)
Leaving the expired I94W in your passport at your next entry to the US is a different matter. That simply gives the CBP agent an excuse to give you a hard time. If you've just taken it out and destroyed it, I'm very far from convinced that anybody would know, let alone that anything would happen.

With all due respect, does it really matter if you are convinced or not? You're not a US immigration officer. Isn't it better to just mail the thing in to Kentucky as they requested on the web site? I mean, it's not a difficult thing to do.

Oakvillian Mar 7th 2014 8:33 am

Re: Land border crossing to the US
 

Originally Posted by MarylandNed (Post 11163255)
With all due respect, does it really matter if you are convinced or not? You're not a US immigration officer. Isn't it better to just mail the thing in to Kentucky as they requested on the web site? I mean, it's not a difficult thing to do.

The OP asked a question: is it likely to cause a problem that they did not submit the I94W before expiry.

I said that, in my experience and to the best of my knowledge in the experience of every single other person in this position, ever, the answer is no.

You have come back with a whole load of hypothetical claptrap about how it's likely to result in refused admission. I simply don't believe that it will, ever, for anybody.

Are you a US immigration officer? Have you any evidence, any evidence at all, to back up your assertion that failure to send a piece of green paper to a government office in Kentucky will (actually, not theoretically) result in being turned away at the border?

To the OP: by all means send the damn thing off to Kentucky if you want. But don't sweat it if you don't.

The4BellsLondon Mar 7th 2014 10:03 am

Re: Land border crossing to the US
 

Originally Posted by Oakvillian (Post 11162989)
But that address is KY is really just a giant landfill site, isn't it? Do you mean to tell us there are actual people there who pay attention to the little bits of green paper that arrive in the mail?

I have lost count of the number of expired I94Ws I've removed from my passport and discarded. I have never, nor have I heard of anyone who has ever, had a difficulty at the US border because of an unsurrendered I94W.

I'm sure it would be different if one needed an actual visa. But the visa waiver stub? Seriously?


I got grief a few months ago for having an outdated whitey (replaced the greeny if you have ESTA). Land Border guard with perfectly straight face says " you have to surrender this when it's out if date otherwise we don't know you have left "

Me "oh ok very sorry"
Thinking.. Of course I have bloody left I trying to enter from Canada!!!!


Originally Posted by Former Lancastrian (Post 11163001)
Tell them not to as its still valid and you will be using it again and if you don't send it back to the landfill site address in Kentucky or shred it at work.

Once you fly the ESTA date us valid for 90 data for border crossings, hence they remove the greeny and the land border guard just looks
for relevant stamp or asks have you flown in within last 90 days .

Ps now I just bin it once it's expired.

MarylandNed Mar 7th 2014 11:59 am

Re: Land border crossing to the US
 

Originally Posted by Oakvillian (Post 11163299)
The OP asked a question: is it likely to cause a problem that they did not submit the I94W before expiry.

I said that, in my experience and to the best of my knowledge in the experience of every single other person in this position, ever, the answer is no.

You have come back with a whole load of hypothetical claptrap about how it's likely to result in refused admission. I simply don't believe that it will, ever, for anybody.

Are you a US immigration officer? Have you any evidence, any evidence at all, to back up your assertion that failure to send a piece of green paper to a government office in Kentucky will (actually, not theoretically) result in being turned away at the border?

To the OP: by all means send the damn thing off to Kentucky if you want. But don't sweat it if you don't.

Correct, I'm not a US immigration officer so I'd recommend doing what they ask you to do on their web site. What's the big deal about just doing what they recommend and sending the thing to Kentucky?

I didn't say it was "likely" that people would have issues. I know people who have had no issues and I know people who have had issues trying to cross into the US because there was no record of them leaving when they did not return the I94. Other posters in this thread have also reported issues. So it's hardly "hypothetical claptrap".

J-A-UK Mar 7th 2014 1:32 pm

Re: Land border crossing to the US
 

Originally Posted by dg31 (Post 11162972)
Thanks, I have a valid ESTA so that's not a problem. I just wasn't sure if still having the expired I-94 would be.

My daughter had a great deal of issues (wasted time by interview) when she travelled with a Canadian family (school friends) who had no idea that the green card needed to be handed over - We (parents) only discovered it had not been returned when we went for a day trip.

My daughter was considered to be illegally staying in US as there was no proof she had left the country. 4hrs later we were on our way !!!

Get the green card back to a border crossing / airport asap is my advise

Dulciusexasperis Mar 8th 2014 4:02 am

Re: Land border crossing to the US
 
Any advice that it 'doesn't matter' or 'don't worry about it' is simply an opinion dg31. Don't just read what you WANT to read.

The US sites make it clear that it CAN be a problem. That is the ONLY fact involved. No one here works for Homeland Security. Phone them and ask what they say you should do. I know what they will tell you. Turn it in, do not ignore it or destroy it.

JAJ Mar 8th 2014 4:57 am

Re: Land border crossing to the US
 

Originally Posted by Dulciusexasperis (Post 11164164)
The US sites make it clear that it CAN be a problem. That is the ONLY fact involved. No one here works for Homeland Security. Phone them and ask what they say you should do. I know what they will tell you. Turn it in, do not ignore it or destroy it.

The fact that it can be a problem doesn't mean that it will be a problem, or even that it's likely to be a problem.

I wonder how many I94(W) forms that were given to airline staff on departure, or to Canadian border officials on the land frontier (as per the procedure), never actually got returned to that office.

MarylandNed Mar 8th 2014 6:58 am

Re: Land border crossing to the US
 

Originally Posted by JAJ (Post 11164255)
The fact that it can be a problem doesn't mean that it will be a problem, or even that it's likely to be a problem.

As far as I know, no-one is saying that you will definitely have a problem or that it's more likely than not that you will have a problem if your previous exit wasn't recorded. However, as you acknowledge, the fact is that it can be a problem and it has been a problem for several people on this thread and for some other people I know as well.


Originally Posted by JAJ (Post 11164255)
I wonder how many I94(W) forms that were given to airline staff on departure, or to Canadian border officials on the land frontier (as per the procedure), never actually got returned to that office.

It's all about risk management. If you know your exit wasn't recorded, minimize your chances of having a problem by taking corrective action. Even if you are not refused entry, your entry can still be badly delayed (a previous poster reported a delay of 4 hours).

The4BellsLondon Mar 8th 2014 8:02 am

Re: Land border crossing to the US
 
Tbh before I got grief I always left the expired one in my passport ... Prob 5
Crossings when it was expired ... Only 1 issue ...


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