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Old May 22nd 2004, 4:03 pm
  #16  
crg
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Default Re: I-94W

Originally posted by lairdside
Thank you again. I really am appreciative, this has been bugging me for about 2 years now. It seems to be little known and draws a blank almost everywhere.

I figure that the resoning is that if someone is that ill they'll be fit to travel either alive or in a box within 30 days. If they aren't (say they are alive on life support) then, well they've got bigger problems than an overstay to worry about.

Made my day
You're welcome. I'm the same way. When I get an immigration scenario that I'm not sure of, I can't rest until I figure out how the law applies. I still have a few others that I'm digging for answers to.

Some districts have been known to pass out benefits like candy so I wouldn't be surprised if some people show up with a weal sob story and get this benefit. Either way, what's another 30 days in the big scheme of things?
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Old May 22nd 2004, 4:20 pm
  #17  
Alan Dexter
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Default Re: I-94W

In clear what you're saying is that I would need to leave from the airport I
first got in the US, is that right? What about I come to the US and decide
to travel within the US, go to another country (Canada or Mexico) then come
back to the US to (supposedly) go back where I live?

"Joachim Feise" <[email protected]> wrote in message
news:[email protected]...
    > Alexander Gilbert said on 5/22/2004 14:01:
    > > http://uscis.gov/graphics/howdoi/extendstay.htm
    > >
    > > This link refers to I-94. This is not the same type of visa waiver?
    > No. The I-94 is white, and if given to visitors entering on non-immigrant
    > visas.
    > People entering on visa waiver do not have a visa by definition (the visa
    > requirement is waived, hence the name "visa waiver") and get a green
I-94W.
    > The allowed stay on an I-94W can not be extended.
    > INA214: "No alien admitted to the United States without a visa pursuant to
    > section 217 may be authorized to remain in the United States as a
nonimmigrant
    > visitor for a period exceeding 90 days from the date of admission."
    > When entering with a visa waiver, you also waive your right to a hearing
in
    > front of an immigration judge in case of a denial of entry (you sign that
    > on the back of the I-94W.)
    > > About the round trip across the borders, I do have friends and heard too
    > > many people saying that they've done so. One day before or even the last
    > > day. I guess it's just a "up to the custom officer".
    > Actually, it is *not* up to the officer.
    > It is in the law. 8CFR217.3:
    > "(b) Readmission after departure to contiguous territory or adjacent
island. An
    > alien admitted to the United States under this part may be readmitted to
the
    > United States after a departure to foreign contiguous territory or
adjacent
    > island for the balance of his or her original Visa Waiver Pilot Program
    > admission period if he or she is otherwise admissible and meets all the
    > conditions of this part with the exception of arrival on a signatory
carrier."
    > > What about making a trip to Mexico right at the end of my visa waiver
dates
    > > so that I live the country, stay there for a month and then come back.
What
    > > happens then?
    > 8CFR217.2(c):
    > "(2) Applicants arriving at land border ports-of-entry. Any Visa Waiver
Pilot
    > Program applicant arriving at a land border port-of-entry must provide
evidence
    > to the immigration officer of financial solvency and a domicile abroad to
which
    > the applicant intends to return."
    > In this case, it is up to the officer. They have the info about your
previous
    > stay in their system, and can easily deny entry if they feel that you may
have
    > immigration intent.
    > -Joe
 
Old May 23rd 2004, 4:15 am
  #18  
Amanda
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Default Re: I-94W

"Alan Dexter" <[email protected]> wrote in message news:<[email protected]>...
    > In clear what you're saying is that I would need to leave from the airport I
    > first got in the US, is that right?

I would say *only* if you comes back into US (for the remainder of
your 90) after vsiting neighboring countries. If you have round trip
ticket to and from US, you would probably leave from the same
airport.

    > What about I come to the US and decide
    > to travel within the US, go to another country (Canada or Mexico) then come
    > back to the US to (supposedly) go back where I live?

He said that you can be readmitted for the remainder of 90 days. So if
you have those days left, then you *can* enter back to US and go where
you live. So make sure that you have some days left (out of 90 days
of that visa waiver) if you need to catch the flight from US.
 
Old May 23rd 2004, 4:19 am
  #19  
Amanda
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Default Re: I-94W

<snip>

    >(Lee Boyd Malvo was given a break from a district office after the
    > Border Patrol caught him).

Lee Boyd Malvo probably got it because his military background.

    >
    > I know these have been granted as recent as
    > two months ago, but I don't know if the District Directors make the
    > decision anymore.
 
Old May 23rd 2004, 7:55 am
  #20  
Joachim Feise
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Default Re: I-94W

CalgaryAMC said on 5/22/2004 15:16:
    >
    > It is
    > possible to enter Canada, surrender the I-94W departure record at the
    > border and return on a new I-94W. I've done it.

Of course it is.

    > I am familiar with the particular regulation quoted above,
    > and cannot find an exception to the above for someone from a VWP country
    > who lives in Canada or Mexico. So how have I been able to do it?

The passage I quoted refers to the case when you don't surrender the I-94W.
In that case you'd be readmitted for the remainder of the allowed time.

If you surrender the I-94W, you can get a new one, but that's of course
in the discretion of the officer at the POE. If the officer suspects that
you have immigrant intent, e.g., if you traveled too often to the US,
or if you "flagpole", i.e., going to Canada and coming right back to the
US, you risk denial.

-Joe
 
Old May 23rd 2004, 8:07 am
  #21  
Joachim Feise
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Default Re: I-94W

crg14624 said on 5/22/2004 17:26:
    >
    > NOTE: By
    > "remainder" it doesn't mean the number of days you didn't use. The
    > remainder is the date you were intially admitted until.

Hmm, are you sure about that? I always interpreted that to mean the former.

-Joe
 
Old May 23rd 2004, 8:24 am
  #22  
crg
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Default Re: I-94W

Originally posted by Joachim Feise
CalgaryAMC said on 5/22/2004 15:16:
    >
    > It is
    > possible to enter Canada, surrender the I-94W departure record at the
    > border and return on a new I-94W. I've done it.

Of course it is.

    > I am familiar with the particular regulation quoted above,
    > and cannot find an exception to the above for someone from a VWP country
    > who lives in Canada or Mexico. So how have I been able to do it?

The passage I quoted refers to the case when you don't surrender the I-94W.
In that case you'd be readmitted for the remainder of the allowed time.

If you surrender the I-94W, you can get a new one, but that's of course
in the discretion of the officer at the POE. If the officer suspects that
you have immigrant intent, e.g., if you traveled too often to the US,
or if you "flagpole", i.e., going to Canada and coming right back to the
US, you risk denial.

-Joe
It doesn't matter if you surrender the old I-94W or not.

If you surrender the old I-94 then the officer can give you a new I-94W valid for the remainder of the time you were initially given by putting an "R" in box 13, or the officer can give you a new 90 day admission.

If you retain the old I-94W the officer can readmit you on the old I-94W for the remainder or lift it and give you a new I-94W for a new 90 day admission.

They can always deny your admission even if you have time left on an I-94W or not.

Trust me on this.
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Old May 23rd 2004, 8:28 am
  #23  
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Default Re: I-94W

Originally posted by Amanda
<snip>

    >(Lee Boyd Malvo was given a break from a district office after the
    > Border Patrol caught him).

Lee Boyd Malvo probably got it because his military background.
Lee Boyd Malvo AKA John Lee Malvo was the teenager with no military experience. He entered as a stowaway and should have been detained and removed immedietly. The district office overruled the Border Patrol and reclassified him as an EWI (Entry without inspection) and gave him a court date to appear. His court date was a month after he was arrested for killing 10 people and wounding even more.
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Old May 23rd 2004, 1:43 pm
  #24  
Alan Dexter
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Default Re: I-94W

What you mean by surrender? What is VWP? "flagpole"?
Give away your visa waiver? You cross the border and give your I-94W to the
officer?

    > Of course it is.

I was kind of suprised because I met someone who did.
Now for best success, I shouldn't wait the last day of my visa waiver and
then reenter maybe two days after, and surrender my visa waiver. I'm
supposed to leave on june 22nd with a round trip ticket reserved for that
day. Let's say I cross borders in two weeks, surrender my waiver. I cross
borders 2-4 days after, willl they give me a new I94W. I can show them my
ticket and tell them it's opened and can be modified. Even tell them that
I'd like to travel again in the US for a month...

    >if you traveled too often to the US

My passport is new.
 
Old May 23rd 2004, 1:51 pm
  #25  
Joachim Feise
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Default Re: I-94W

Alan Dexter said on 5/23/2004 18:43:

    > What you mean by surrender?

Give the I-94W to a border officer.

    > What is VWP?

Visa Waiver Program.

    > "flagpole"?

Turning around a flagpole, e.g., entering Canada and immediately turning around
to head back to the US.

    > Give away your visa waiver? You cross the border and give your I-94W to the
    > officer?

Yes.

    > I was kind of suprised because I met someone who did.

Well, it may work for somebody if the officer doesn't check his computer.
But that doesn't mean it will work for you.

    > ticket and tell them it's opened and can be modified. Even tell them that
    > I'd like to travel again in the US for a month...

You can tell them a lot. If they suspect that you have immigration intent
or in any other way are violating US immigration law, they can deny entry.

    > My passport is new.

That doesn't matter. They have your name, etc, in their computers anyway.

-Joe
 
Old May 23rd 2004, 2:43 pm
  #26  
J. J. Farrell
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Default Re: I-94W

"Alan Dexter" <[email protected]> wrote in message news:<[email protected]>...
    > In clear what you're saying is that I would need to leave from the airport I
    > first got in the US, is that right?

I don't know where you got that from. All the law cares about is that
you leave before the date on the I-94W, and surrender the document to
the appropriate authoritities.

    > What about I come to the US and decide
    > to travel within the US, go to another country (Canada or Mexico) then come
    > back to the US to (supposedly) go back where I live?

Once a non-citizen leaves the USA, he may or may not be allowed back
in, depending (in clear-cut cases) on the law and (in less clear-cut
cases) on little more than the whim of the immigration inspector at
the Port of Entry.

If you travel to Mexico or Canada, keep the I-94W, and attempt to
return to the USA before the date on the I-94W, you are likeley to
be re-admitted for the duration of that 90 days as long as you can
show a plane ticket (or equivalent) that has you leaving the USA
before the end of the 90 days.

If you surrender the I-94W when you leave then attempt to re-enter to
effectively get longer than 90 days overall, then you're attempting
to use the visa waiver twice in quick succession. There is no clear
law or regulation on this, but the purpose of the visa waiver is to
allow occasional short visits to the USA. Staying for 90 days, leaving
for a day or two, then attempting to come back for another 90 days,
does not count as "occasional short visits" for most people. Whether
or not you get admitted depends entirely on the immigration officers
who interview you. Your chances would be increased by having non-
changeable non-refundable plane ticket that takes you out of the USA
before 90 days.
 
Old May 23rd 2004, 3:04 pm
  #27  
crg
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Default Re: I-94W

Originally posted by Joachim Feise
crg14624 said on 5/22/2004 17:26:
    >
    > NOTE: By
    > "remainder" it doesn't mean the number of days you didn't use. The
    > remainder is the date you were intially admitted until.

Hmm, are you sure about that? I always interpreted that to mean the former.

-Joe
I'm positive. They readmit you until the date you received when you initially entered.

Let's say you are admitted today May 23rd until Aug 21st. You go to Mexico for the month of July. If the officer decides to readmit you, you will be readmitted until Aug 21st.

While we're on the topic of "flagpoling", here are some interesting problems that can occur.

Some people time their cross-border trip poorly. Many travelers have miscounted the 90 days, and left for Canada after a one or two day overstay. When they try to come back for another 90, they are hit with a formal visa waiver refusal and now they are stuck in Canada and would then need a visa for their next visit.

Others overstay by one or two days and Canada doesn't allow them to enter because they know the person will be stuck there. When they get refused back to the states, the officer at the border has to hit them with a visa waiver removal order (because they didn't successfully depart and aren't applying for admission). A visa waiver removal carries a 10 year bar from coming in and carries the same weight as a deporation order handed down by an immigration judge. Sometimes they get to depart on their own under an order of supervision. Sometimes, the hapless traveller is detained in a local jail until a flight can be arranged.
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Old May 23rd 2004, 3:11 pm
  #28  
Amanda
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Default Re: I-94W

crg14624 <member20421@british_expats.com> wrote in message news:<[email protected]>...
    > Originally posted by Amanda
    > > <snip>
    > >
    > > >(Lee Boyd
    > Malvo was given a break from a district office after the
    > > >
    > Border Patrol caught him).
    > >
    > > Lee Boyd Malvo probably got it
    > because his military background.
    > >
    >
    > Lee Boyd Malvo AKA John
    > Lee Malvo was the teenager with no military experience.

Oh..I was misteken with the toher one.

    > He entered as a
    > stowaway and should have been detained and removed immedietly. The
    > district office overruled the Border Patrol and reclassified him as an
    > EWI (Entry without inspection) and gave him a court date to appear. His
    > court date was a month after he was arrested for killing 10 people and
    > wounding even more.

I saw his story on TV. I think it was dateline or 20/20. How his
mother raised him and then the other guy helped the mother and son
into US but got her son separated from her. She figured that
something was wrong and tried to get her son away from him but didn't
succeed and then it was too late...
 
Old May 23rd 2004, 3:34 pm
  #29  
crg
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Default Re: I-94W

Originally posted by Alan Dexter
What you mean by surrender? What is VWP? "flagpole"?
Give away your visa waiver? You cross the border and give your I-94W to the
officer?

    > Of course it is.

I was kind of suprised because I met someone who did.
Now for best success, I shouldn't wait the last day of my visa waiver and
then reenter maybe two days after, and surrender my visa waiver. I'm
supposed to leave on june 22nd with a round trip ticket reserved for that
day. Let's say I cross borders in two weeks, surrender my waiver. I cross
borders 2-4 days after, willl they give me a new I94W. I can show them my
ticket and tell them it's opened and can be modified. Even tell them that
I'd like to travel again in the US for a month...

    >if you traveled too often to the US

My passport is new.
Your open ticket will go over like a fart in church. Officers hate open tickets with a passion.

Also remember 90 days is not exactly the same as three months. Count each day on a calendar. If you leave one day late, you better be prepared to get a ticket out of the country you're stuck in.

Even if you surrender your old I-94W they can still readmit you until the same date you were initially admitted until and charge you $6 for the new form.

Where was your new passport issued? Nothing catches the eye of an inspector more than a tourist with a passport issued within the US... except maybe open tickets.
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Old May 24th 2004, 4:24 am
  #30  
Alan Dexter
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Default Re: I-94W

That is going to be a flagpole anyhow.

How much time should or would be wise to wait? Crossing borders for a job
inquiry on a tourist visa is possible isn't it?

My next question is: What if they don't let me come into the US again after
surrendering my waiver? I stay on the other side of the border but do I
become illegal as well in the other country?




"Joachim Feise" <[email protected]> wrote in message
news:[email protected]...
    > Alan Dexter said on 5/23/2004 18:43:
    > > What you mean by surrender?
    > Give the I-94W to a border officer.
    > > What is VWP?
    > Visa Waiver Program.
    > > "flagpole"?
    > Turning around a flagpole, e.g., entering Canada and immediately turning
around
    > to head back to the US.
    > > Give away your visa waiver? You cross the border and give your I-94W to
the
    > > officer?
    > Yes.
    > > I was kind of suprised because I met someone who did.
    > Well, it may work for somebody if the officer doesn't check his computer.
    > But that doesn't mean it will work for you.
    > > ticket and tell them it's opened and can be modified. Even tell them
that
    > > I'd like to travel again in the US for a month...
    > You can tell them a lot. If they suspect that you have immigration intent
    > or in any other way are violating US immigration law, they can deny entry.
    > > My passport is new.
    > That doesn't matter. They have your name, etc, in their computers anyway.
    > -Joe
 


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