crg

If you are admitted into Canada, their stamp is usually good for 6 months of coming and going unless otherwise shortened by the officer. If you are otherwise admissible they'd most likely let you wander around Canada and depart within 6 months.

You can come to look for jobs, but be prepared to show ties to your home country and a way to return there. The job you're looking for should be something that foreign workers can qualify to do. You have to prove that you aren't intending to immigrate. They could make it very tough. They'll probably wonder why you couldn't complete your objective in the first 90 days.

crg

I found the legal instructions for readmission under the Visa Waiver program. They mention signatory carriers but that only applies to airports and seaports. See below:

<<<SNIP>>>
(i) Readmission after Departure to Contiguous Territory or Adjacent Islands.

(1) General. Aliens admitted under the VWP may be readmitted to the U.S. after a departure to foreign contiguous territory or adjacent islands for the balance of their original admission period, provided they are otherwise admissible and meet all the conditions of the VWP, with the exception of arrival on a signatory carrier, in accordance with 8 CFR 217.3(b).

The inspecting officers also have the discretion to grant the applicants entirely new periods of admission, providing they are arriving on signatory carriers. The following sections discuss the criteria, procedures, liability ramifications for the carriers,
and define the term "adjacent islands" for the purposes of the VWP.

(2) Conditions for Readmission. As discussed above, aliens admitted under the VWP may be readmitted to the U.S. under the VWP after a departure to foreign contiguous territory or adjacent islands provided that:

· their authorized period of admission has not expired,

· they plan to depart the U.S. prior to the expiration date of their
period of admission,

· they present valid, unexpired passports which reflect admission to the U.S. under the VWP, and

· they continue to meet all criteria set forth in 8 CFR 217 and section 217 of the Act, with the exception of arrival on a signatory carrier.

If the alien still has the original endorsed departure portion of the Form I-94W, admit the alien for the balance of his/her original admission period. If the original endorsed departure portion of the Form I-94W was lifted, or if the alien is not otherwise in possession of it, a new Form I-94W is required.
The officer must endorse block 12 of the arrival portion of the new Form I-94W with the letter "R" to denote a readmission, and admit the alien for the balance of his/her original admission period. Stamp both portions of the replacement Form I-94W with the admission stamp, notate either "WB" or "WT" as appropriate,
and
the date to which admitted (balance of the original period of admission).
Stamp the passport with the admission stamp, enter the admission class, and notate "R" next to the word "Admitted" in the passport stamp. Staple the endorsed departure portion in the passport. If the applicant is no longer in possession
of the endorsed departure portion of the Form I-94W at a land border POE, he/she must pay the requisite fee for the new Form I-94W.

If the alien needs to stay in the U.S. for longer than the original period of admission, the officer can consider granting another 90-day period of admission, provided the alien meets the requisite criteria. These cases are considered new admissions and the officers should follow the applicable procedures provided in
Chapter 15.7(c), Air and Sea POE Arrivals, or Chapter 15.7(d), Land Border POE Arrivals. Officers should be aware of the potential for fraud in certain cases of repeated entries, although legitimate cases should be given due consideration.

If the original period of admission has already expired, the alien cannot be considered for readmission and must meet all the requirements for a new admission into the U.S.

(3) New Admission. Officers must treat those aliens applying for entry after expiration of the original admission period as applicants for entirely new admission. Follow the applicable procedures in Chapter 15.7(c), Air and Sea POE Arrivals, or Chapter 15.7(d), Land Border POE Arrivals, discussed earlier in
this chapter.

(4) Carrier Considerations. Reentry during the original admission period need not be on a signatory carrier. Liability of the original carrier, if any, is unaffected by such brief departures. It is important to note that the original carrier retains liability ONLY if the applicant is readmitted for the balance of the original VWP admission. If the applicant is given an entirely new admission
period, the new carrier, if there is one, assumes any liability and is also subject to the signatory carrier requirements of the VWP.

(5) Definition of Adjacent Islands. The term "adjacent islands" is defined in section 101(b)(15) of the Act, and for the purposes of the VWP includes:
Anguilla, Antigua, Aruba, Bahamas, Barbados, Barbuda, Bermuda, Bonaire, British Virgin Islands, Cayman Islands, Cuba, Curacao, Dominica, the Dominican Republic, Grenada, Guadeloupe, Haiti, Jamaica, Marie-Galante, Martinique, Miquelon, Montserrat, Saba, Saint-Barthelemy, Saint Christopher, Saint Eustatius, Saint
Kitts- Nevis, Saint Lucia, Saint Maarten, Saint Martin, Saint Pierre, Saint Vincent and Grenadines, Trinidad and Tobago, Turks and Caicos Islands, and other British, French and Netherlands territory or possessions bordering on the Caribbean Sea.
<<<SNIP>>>

Joachim Feise

crg14624 said on 5/24/2004 13:43:

    > I found the legal instructions for readmission under the Visa Waiver
    > program. They mention signatory carriers but that only applies to
    > airports and seaports. See below:

Is this accessible to "normal" people anywhere? In other words, do you
have a link?

[...]
    > (5)
    > Definition of Adjacent Islands. The term "adjacent islands" is defined
    > in section 101(b)(15) of the Act, and for the purposes of the VWP
    > includes:
    > Anguilla, Antigua, Aruba, Bahamas, Barbados, Barbuda, Bermuda,
    > Bonaire, British Virgin Islands, Cayman Islands, Cuba, Curacao,
    > Dominica, the Dominican Republic, Grenada, Guadeloupe, Haiti, Jamaica,
    > Marie-Galante, Martinique, Miquelon, Montserrat, Saba, Saint-Barthelemy,
    > Saint Christopher, Saint Eustatius, Saint
    > Kitts- Nevis, Saint Lucia,
    > Saint Maarten, Saint Martin, Saint Pierre, Saint Vincent and Grenadines,
    > Trinidad and Tobago, Turks and Caicos Islands, and other British, French
    > and Netherlands territory or possessions bordering on the Caribbean Sea.

Very interesting. Didn't know that they have an exhaustive list.

-Joe

crg

It used to be found at http://k1.exit.com/fieldman.pdf but that link doesn't work anymore. I had it bookmarked, but when I went to it recently the link was gone. I'll keep my eyes open for it.

CalgaryAMC

I flew to Barbados last year and was not permitted to retain the I-94W. I specifically requested that I be permitted to keep it and the American Airlines staff told me that they would not allow me to board unless I surrendered it. So I did.

I then returned 10 days later, was issued a fresh I-94W stamped for 90 days at Miami.

I have had similar stuff back and forth from Canada. Surrender the I-94W one week, decide to make a shopping run the next and get a fresh 90 days.

I have never had an "R" written on an I-94W.

I am not saying there is anything unusual about any of the above, I just wonder if the POE officers really scruitinize these things as much as we assume they do.

crg

The 'R' would go next to the passport stamp and the part of the I-94W that the officer keeps.

If you have status in Canada then there is less concern. You live there and it's normal for you to go there and come back. You also probably have a track record of short visits. If you were a citizen of Australia coming from Canada and have no status in Canada then you may get more scrutiny. The same goes if you've spent a significant amount of time in the states in the past.

They probably aren't too concerned about you.

Ray

Some of that is here

http://www.customs.gov/xp/cgov/trave...ements/vwp.xml

JubJub

Re-entering from Canada for another 90 days can be done. However you can expect a good deal of scrutiny, be prepared to explain how you can take 6 months off from a job back home etc. It must be pretty common tho because when I did it once I flew into Toronto and when I said I was staying for one day before returning, the Canadian immigration guy asked why I wasn't returning the same day

I didn't have an open ended ticket out of the USA, I had a ticket with a fixed return date (that could however be changed without charge later on).

So your best bet would be to fly, have a fixed ticket (but changeable later), and be prepared to fly out of Canada back to wherever you are from if you are denied entry into the US. I wouldn't mention anything about job enquiries/working in the US tho.

Alan Dexter

They mention signatory carriers but that only applies to
airports and seaports

Could you explain signatory carriers? I would cross borders not by air or by
sea. Are you saying in other words that it may work?

crg

Signatory carriers are allowed to carry visa waiver passengers to the US. It shouldn't have any effect on your situation either way.

CalgaryAMC

You might. You might not. If you are denied entry, however, you cannot ever use the visa waiver program again.

Remember that the border run is the oldest trick in the book.

CalgaryAMC

There was an Australian (I think) guy in here a month or two ago who did a run to Canada and came back the next day. Everyone advised him against it but he reported that he was re-admitted for another 90 days without a problem.

Alan Dexter

Can you apply for a F-1 visa on a visa waiver? being in the US? is a 3 weeks
time frame enough to start a process?

Joachim Feise

Alan Dexter said on 5/27/2004 9:37:

    > Can you apply for a F-1 visa on a visa waiver? being in the US? is a 3 weeks
    > time frame enough to start a process?

You can apply for one, but you can't change status if you entered the
country on a visa waiver.
You'd have to go to your home country to get the visa stamp in your
passport.

-Joe

meauxna

I'm trying for the life of me to understand why you care about being illegal anywhere when this entire discussion about border runs and grasping at F1s is all about your illegal pursuit of a 'citizenship exchange' or, as I know it, a fraud marriage for the purpose of securing immigration benefits from the US Gov't.

Which of the several names you use is your new passport in? FFS, why not just get a fraudulent passports to re-enter the US with? (/sarcasm)

Maybe this post will be illuminating to you: http://tinyurl.com/2w278