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ROAD TRIP TO USA

ROAD TRIP TO USA

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Old Jun 25th 2012, 1:50 pm
  #16  
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Default Re: ROAD TRIP TO USA

Originally Posted by Cdnshaz
Depending on what border you crossing could take 5 mins or 3 hrs.
I've been through the same border crossing at the same time of day on the same day of the week and sometimes it would take 20 minutes and once it took three hours.
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Old Jun 25th 2012, 1:59 pm
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Default Re: ROAD TRIP TO USA

Originally Posted by Steve_
In fact they're supposed to check
Got anything to support that?
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Old Jun 25th 2012, 2:41 pm
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Default Re: ROAD TRIP TO USA

Originally Posted by J2J
Mmmmm now I am wondering what will happen on the Canadian part of our vacation. We are planning on visiting Gananoque Ontario. We are planning on taking the 1000 Island Boat Tour, which leaves from Ontario and stops At Bolt Castle USA (passports required) then returns back to Ontario (5 hr boat tour) How do you think that would work for a Canadian PM with a British Passport???
(Bolt Castle is on an island on US water)

You need a visa waiver BEFORE going on the cruise, drive to Gan border, get visa and just turn around and return to Canada to the tour. We have done this a couple of times, they do not tell non canadians they need visa waiver and have seen many EU citizens stuck sitting on that cruise boat due to lack of visa. Unless it has changed in last couple of years.

Last edited by Cdnshaz; Jun 25th 2012 at 3:25 pm.
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Old Jun 25th 2012, 3:50 pm
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Default Re: ROAD TRIP TO USA

Originally Posted by dbd33
Got anything to support that?
8 USC 1101(a)(15)(B) requires a person entering the US to have non-immigrant intent as do the rules made under 8 USC 1184 that establish the visa waiver program. "Alien has a residence in a foreign country which he or she does not intend to abandon."

If you reside in Canada, CBP look for evidence of that, PR card is one. I was told in no uncertain terms by an inspector at YYC that if I hadn't produced it I would have been denied entry.

Also, CBP do not consider a departure to Canada as having "left" the US for the purposes of the VWP, unless you can establish you reside in Canada (as is the case for nearly all places in North America).
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Old Jun 25th 2012, 3:59 pm
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Default Re: ROAD TRIP TO USA

Originally Posted by Steve_
8 USC 1101(a)(15)(B) requires a person entering the US to have non-immigrant intent as do the rules made under 8 USC 1184 that establish the visa waiver program. "Alien has a residence in a foreign country which he or she does not intend to abandon."

If you reside in Canada, CBP look for evidence of that, PR card is one. I was told in no uncertain terms by an inspector at YYC that if I hadn't produced it I would have been denied entry.
It supports the idea that the holder resides somewhere outside the US, in the same way as a UK driving license or a current Oyster card, but the holder's status in Canada is not directly of interest to the US authorities, it's the British passport that gets you in. Some officers are interested some explicitly not.

Originally Posted by Steve_
Also, CBP do not consider a departure to Canada as having "left" the US for the purposes of the VWP, unless you can establish you reside in Canada (as is the case for nearly all places in North America).
When a UK resident leaves the US, they take the I94 back, it seems to me that that's because they think the person has left. Do you suppose that the Americans think my parents, residents of the UK, are still in America because they visited and left by crossing the border into Canada?
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Old Jun 25th 2012, 4:01 pm
  #21  
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Default Re: ROAD TRIP TO USA

We cross on a monthly basis only ONCE has the american side asked for my husbands PR card. The do ask each time if he is PR or visitor he replies pr BUT never asked to prove all but that once. Even coming back they quite often don't ask to see his card.

Canadian side told us he only needs his pr card to enter Canada no passport required, but said "he can't cross into US without it" They replied but he doesn't need to show it to get back in only is PR card, not sure I believe that or not. I find that alot of the younger officer really haven't a clue and that is on both sides of border
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Old Jun 25th 2012, 5:27 pm
  #22  
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Default Re: ROAD TRIP TO USA

Originally Posted by dbd33
It supports the idea that the holder resides somewhere outside the US, in the same way as a UK driving license or a current Oyster card, but the holder's status in Canada is not directly of interest to the US authorities, it's the British passport that gets you in. Some officers are interested some explicitly not.
You have to have evidence of non-immigrant intent. The law requires it. So your status in Canada is relevant, especially with the VWP because of the way "departure" is defined.

When a UK resident leaves the US, they take the I94 back, it seems to me that that's because they think the person has left. Do you suppose that the Americans think my parents, residents of the UK, are still in America because they visited and left by crossing the border into Canada?
They don't take the I-94 back, you surrender it to CBSA if you want to. (And I don't think you get an I-94W if you arrive by air anymore anyway, because of ESTA). A departure to Canada, Mexico or an "adjacent island": http://www.cbp.gov/xp/cgov/travel/id...a_adrecord.xml

At the time of application for admission, a VWP applicant must:

Be in possession of a round-trip ticket that will transport the individual out of the United States to any other foreign port or place as long as the trip does not terminate in contiguous territory or an ( Adjacent Islands ) ; except that the round trip ticket may transport the traveler to contiguous territory or an ( Adjacent Islands ) , if the traveler is a resident of the country of destination or if arriving at a land border, provide evidence of financial solvency and a domicile abroad to which the traveler intends to return;
And a PR card is the main bit of evidence, if you are a permanent resident of Canada.
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