PR Flying to US on ESTA

Old Feb 13th 2018, 2:28 am
  #1  
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Default PR Flying to US on ESTA

Current status - Canadian PR, residing since 2013
Citizenship - UK since birth

I was flying to Vegas last weekend and thought with my new passport I should renew my ESTA. Went through US immigration to be told that as I am not a resident of the UK and now Canada that the ESTA does not apply to me. Instead I was to apply through the consulate B-2 visa... He told me this was not being enforced but it may in the future.


Has anyone else ran into this issue before?
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Old Feb 13th 2018, 1:06 pm
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Default Re: PR Flying to US on ESTA

as far as I am aware this is total bollocks
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Old Feb 13th 2018, 3:30 pm
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Default Re: PR Flying to US on ESTA

An ESTA is based on citizenship, not residential status

"If you are a citizen of a VWP country, and you are traveling by land to the United States, you do not have to apply for ESTA. If you are coming to the U.S. by air or sea, you DO have to apply for ESTA."

https://help.cbp.gov/app/answers/det...ly-for-esta%3F
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Old Feb 14th 2018, 4:09 pm
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Default Re: PR Flying to US on ESTA

Yeah that's total BS, just a CBP officer presenting misinformation and/or on a power trip.
I'm assuming that since you boarded a flight to the US and were let in then you renewed your ESTA. In that case you should be good.

If you travel to the US frequently might want to consider applying for Canadian citizenship if you're eligible. Then you get the CAN passport and can avoid all that mess.
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Old Feb 16th 2018, 9:14 pm
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Default Re: PR Flying to US on ESTA

Thanks guys/gals!

I've done a lot of reading on the US site, no where does it mention that! Frustrating that he was so insistent on it.
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Old Feb 18th 2018, 3:19 pm
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Default Re: PR Flying to US on ESTA

Originally Posted by cbrown89 View Post
Thanks guys/gals!

I've done a lot of reading on the US site, no where does it mention that! Frustrating that he was so insistent on it.
It is not uncommon for US CBP immigration officers to "advise" people incorrectly, though it is unclear whether they are ignorant of the details of the visa application requirements or are deliberately trying to mislead people.

For example, as in your case, telling people that they must obtain a visa. Later the visa application is denied, because not only did the person not need a visa, they were unlikely to be issued with one anyway. I experienced something similar the first time I visited the US and was told by the immigration officer that I wasn't allowed to get married on the VWP - which is absolutely incorrect, and in fact there is no "visitor marriage visa" to apply for, and I subsequently did get married in the US on a VWP visit.
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