Smokey

I've just read somewhere that a foreign national living permanently in Canada will need a B-2 visa and are not able to use the waiver agreement as I would normally do with a British passport (and british citizen). Even if I take Canadian citizenship and travel on a Canadian passport I will still need a visa. I've only read this once somewhere and can't find anything to confirm it. Does anyone know the truth to this?

I'm also having problems answering this one too.... when they issue a B-2, is it for a set period of time...like your two week vacation and therefore has definative dates or is it more flexible than that...maybe starting when(ever) you arrive? The reason I ask is that I'm thinking about a trip but if I pay for it and don't get a visa then I won't be able to get around $15,000 returned so I'm looking for a level of comfort. I can't find a copy of the B-2 online to look at which would give me some clues so can anyone hlep with this one too?

Up here in Canada, we can have an ignition interlock device fitted by the RCMP to allow you to drive whilst your DUI is still running which is like a breathalizer and allows you to start the car (or not if you're over the limit!). You can have these fitted after 3 months to last for the duration of the ban and my feet will be very happy when I get my car back. Question is....can you take a car fitted with this across the border. In fact is it legal for me to drive in the US at all given that my ban will not have expired officially? My year will be up in December 06 and I'm wondering if I can come for a visit this summer.

I understand (I think) that applicants for a B-2 need an interview although it surprises me as they must have to interview thousands of people. If the processing centre is in Ottawa and I live in the backside of nowhere in Saskatchewan am I expected to go to Ottawa for an interview?

Sorry for the really dumb questions but I've spent hours searching on the internet and can actually find very little other than 'use this lawyer' sites, none of which help without payment (of course!). If anyone can help with some or all of these, I'd be very grateful.

Bob

Can't answer most of your questions, so this could well become a mute point, but the B2 visa, you either get a single entry visa good for one visit, or a Multi-entrance visa which is normally valid for 10 years, though can be less and unless you do anything to void it, should be good for use and then you'd get a I-94 stamp for the duration of your stay, normally for a max of 6 months....but you being a PR of Canada, I wouldn't have a clue what bearing that would have to be honest.

Smokey

When you say 'you either get....' etc etc is that something that you apply for on the application or is it something they just decide on whilst processing? Do you know if they decide on a single entry visa, do they date it ie your visa is valid between [date] and [date] or do they come into effect when you land? It's an important question for me as I'm looking at surgery and I can't pay for it on the basis I 'might' get a visa!

Folinskyinla

Hi:

This is a subject of misunderstanding [even among Immigration Attorneys who don't have Canadian clients]. With the exception of a few categories [E and K come to mind off the top of my head], Canadian citizens are visa EXEMPT. This is NOT the same as the VWB/T. For example, a Canadian who wants to attend school as an F-1 in the US simply applies for admission at a port of entry with I-20 in hand.

There USED to be a provision that this also covered non-Canadians with Candian immigrant status who had a "common nationality" -- any country in the British Commonwealth. However, inasmuch as some of these countries are Muslim states, this was abolished after 9/11.

Smokey

I'm sorry - it must be that I'm tired but I don't really understand what you're saying. I work night shifts and I think my brain has atrophied. I'm not a Canadian citizen but British hence the British passport mention but I am a permanent resident of Canada. I'm just getting more and more confused with what i *think* may be a simple question although I'm beginning to think I'm just learning impaired. Could you explain that one again really simply - I would really appreciate it ;D as I don't know what an F-1 or I-20 or any other type of (I assume) visa as its simply not relevant for my circumstances.

Many thanks and sorry to be quite so dense.

crg

People with valid, unexpired, machine readable UK passports can apply for admission to the US without a visa for business meetings or pleasure trips not to exceed 90 days. UK passports issued after 10/26/05 need an integrated digital photo. You probably don't need a visa.

I don't know if you can drive in the US or not.

scrubbedexpat099

You need a valid driving license to drive in the US, sounds like you do not have one.

crg

It actually took them until March 17, 2003 to get rid of the landed list of Britisch commonwealth countries. I'm surprised it took them so long.

Antigua and Barbuda
Australia
Bahamas
Bangladesh
Barbados
Belize
Botswana
Brunei
Cameroon
Cyprus
Dominica
Fiji
Gambia
Ghana
Grenada
Guyana
India
Ireland
Jamaica
Kenya
Kiribati
Lesotho
Malawi
Malaysia
Maldives
Malta
Mauritius
Mozambique
Namibia
Nauru
New Zealand
Nigeria
Pakistan
Papua New Guinea
Samoa
St. Kitts & Nevis
St. Lucia
St. Vincent & the Grenadines Seychelles
Sierra Leone
Singapore
Solomon Islands
South Africa
Sri Lanka
Swaziland
Tanzania
Tonga
Trinidad & Tobago
Tuvalu
Uganda
United Kingdom (its colonies, territories, and dependencies)
Vanuatu
Zambia
Zimbabwe

Kevin Keane

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The following link might well help clarify many questions:
http://amcits.com/

Simple answer: your Canadian permanent residency has no impact on you at
all. You can continue to use the visa waiver program to travel to the
USA, just like any other British citizen. By the way, I assume you are
talking about a British mainland citizen? British Overseas Citizens do
not qualify.

Do be aware that there are limitations that might affect you. You must
arrive in the USA either on a land border, or with an airline or
shipping line that has a contract with the USA. I wouldn't be surprised
if some smaller airlines or shipping lines from Canada might not have
such a treaty. Also, if you arrive on a land border, there will be a fee
for the I-94 (if you travel by air or ship, the fee is built into the fare).

Once you become a Canadian citizen, you are eligible for the same
benefits as all other Canadian citizens. No more need for a visa (except
for K and E).

More below.

Smokey wrote:
    > I've just read somewhere that a foreign national living permanently
    > in Canada will need a B-2 visa and are not able to use the waiver
    > agreement as I would normally do with a British passport (and british
    > citizen). Even if I take Canadian citizenship and travel on a
    > Canadian passport I will still need a visa. I've only read this once
    > somewhere and can't find anything to confirm it. Does anyone know the
    > truth to this?

The first part of your statement is probably a misunderstanding. It
refers to the Canadian visa waiver (which is only applicable to Canadian
citizens). For most people, this indeed means that they have to get a
visa, but the VWP is also still available.

The second part is just plain wrong.

    > I'm also having problems answering this one too.... when they issue a
    > B-2, is it for a set period of time...like your two week vacation
    > and therefore has definative dates or is it more flexible than
    > that...maybe starting when(ever) you arrive?

It's moot since you can use the VWP, but as others have already
mentioned, it depends. Tourist visas (B-2) can be issued for up to ten
years (counting from the date the consulate stamps it), and for either a
set number of entries, or for "multiple entries" (meaning you can use it
as often as you like).

It is the consulate's decision what terms you get for your B-2. Usually,
it is based on reciprocity - meaning that you'll get the same terms that
a US citizen would get to your home country. For British citizens, it's
usually 10 years/multiple entries, but the terms vary for other countries.

    > The reason I ask is that
    > I'm thinking about a trip but if I pay for it and don't get a visa
    > then I won't be able to get around $15,000 returned so I'm looking
    > for a level of comfort. I can't find a copy of the B-2 online to look
    > at which would give me some clues so can anyone hlep with this one
    > too?

You won't find a B-2 online; it would probably be illegal to put this
document online.

    > Up here in Canada, we can have an ignition interlock device fitted by
    > the RCMP to allow you to drive whilst your DUI is still running
    > which is like a breathalizer and allows you to start the car (or not
    > if you're over the limit!). You can have these fitted after 3 months
    > to last for the duration of the ban and my feet will be very happy
    > when I get my car back. Question is....can you take a car fitted with
    > this across the border. In fact is it legal for me to drive in the US
    > at all given that my ban will not have expired officially? My year
    > will be up in December 06 and I'm wondering if I can come for a visit
    > this summer.

Driving rules depend on the individual state, so you should check with
every state that you will be driving through.

Another note: currently, a DUI is not a problem, but there is a law
pending in Congress that might make you inadmissible in the future.
Also, I hear that Canada already has such a law; you may want to
double-check with a Canadian immigration attorney if your permanent
residency there is possibly in danger.

    > I understand (I think) that applicants for a B-2 need an interview
    > although it surprises me as they must have to interview thousands of
    > people.

Indeed they do. That's one of the reasons consulates are quite crowded...

    > If the processing centre is in Ottawa and I live in the
    > backside of nowhere in Saskatchewan am I expected to go to Ottawa for
    > an interview?

There are a number of US consulates in Canada that can issue B-2 visas.
Saskatchewan is actually served by Calgary.

- --
Please visit my FAQ at http://www.kkeane.com before asking a question.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal
counsel rather than relying on usenet newsgroups.

NOTICE: Due to Presidential Executive Orders, the National Security
Agency may have read this email without warning, warrant, or notice.
They may do this without any judicial or legislative oversight. You
have no recourse nor protection save to call for the impeachment of
the current President.
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Smokey

By the way, I assume you are
talking about a British mainland citizen? British Overseas Citizens do
not qualify.
Oh yes...you bet!

Do be aware that there are limitations that might affect you. You must
arrive in the USA either on a land border, or with an airline or
shipping line that has a contract with the USA. I wouldn't be surprised
if some smaller airlines or shipping lines from Canada might not have
such a treaty. Also, if you arrive on a land border, there will be a fee
for the I-94 (if you travel by air or ship, the fee is built into the fare).

Something to look out for, thanks for the tip.

Once you become a Canadian citizen, you are eligible for the same
benefits as all other Canadian citizens. No more need for a visa (except
for K and E).
I'm happily stunned on this and I bow to your much superior knowledge

The first part of your statement is probably a misunderstanding. It
refers to the Canadian visa waiver (which is only applicable to Canadian
citizens). For most people, this indeed means that they have to get a
visa, but the VWP is also still available.

The second part is just plain wrong.

    > I'm also having problems answering this one too.... when they issue a
    > B-2, is it for a set period of time...like your two week vacation
    > and therefore has definative dates or is it more flexible than
    > that...maybe starting when(ever) you arrive?

It's moot since you can use the VWP, but as others have already
mentioned, it depends. Tourist visas (B-2) can be issued for up to ten
years (counting from the date the consulate stamps it), and for either a
set number of entries, or for "multiple entries" (meaning you can use it
as often as you like).

It is the consulate's decision what terms you get for your B-2. Usually,
it is based on reciprocity - meaning that you'll get the same terms that
a US citizen would get to your home country. For British citizens, it's
usually 10 years/multiple entries, but the terms vary for other countries.

Thanks good to know if ever I need it....I just couldn't confirm anything anywhere!

You won't find a B-2 online; it would probably be illegal to put this
document online.
I have no doubt but I found a copy of a scanned I-94 and was just hoping here might be one I could take a peek at.

Driving rules depend on the individual state, so you should check with
every state that you will be driving through.

Another note: currently, a DUI is not a problem, but there is a law
pending in Congress that might make you inadmissible in the future.
Also, I hear that Canada already has such a law; you may want to
double-check with a Canadian immigration attorney if your permanent
residency there is possibly in danger.

Already done and it doesn't but thanks for thinking about it.

There are a number of US consulates in Canada that can issue B-2 visas.
Saskatchewan is actually served by Calgary.
Oh great....a 7 hour drive but I'm now more encouraged than I was and I thank you very much for your help
Kevin, I appreciate it.

Boiler:- I don't have one now but I will have it back in March. It will have a clause on it that states I can only drive a car fitted with an interlock device but I can legally drive with it.

Thanks for perservering with me, it's been really helpful and I'm just off for a good day's sleep ....zzzzzz......

crg

I still don't see a reason that you would need to get a visa.

Kevin Keane

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I'd like to ask you for a favor: when responding, could you remember to
add the correct number of > marks? It is a bit difficult to figure out
who said what below. I did fix a few places, but not all of them.

Smokey wrote:

    >> You won't find a B-2 online; it would probably be illegal to put this
    >> document online.
    > I have no doubt but I found a copy of a scanned I-94 and was just hoping
    > here might be one I could take a peek at.

An I-94 is not a high-security document, it's simply a tracking form.

Actually, to be technical a B-2 is not a document at all. It's a
classification, and there are several documents that relate to it. You
are probably thinking of a B-2 visa. You get that from a US consulate,
and it is a high security protected document, similar to money or a
passport. The I-94 actually also represents your B-2 status. And to
understand the difference between visa and status, please visit my FAQ
site at http://www.kkeane.com.

    > There are a number of US consulates in Canada that can issue B-2 visas.
    > Saskatchewan is actually served by Calgary.
    > Oh great....a 7 hour drive but I'm now more encouraged than I was and I
    > thank you very much for your help

You shouldn't need it anyway, since you can use the visa waiver.

- --
Please visit my FAQ at http://www.kkeane.com before asking a question.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal
counsel rather than relying on usenet newsgroups.

NOTICE: Due to Presidential Executive Orders, the National Security
Agency may have read this email without warning, warrant, or notice.
They may do this without any judicial or legislative oversight. You
have no recourse nor protection save to call for the impeachment of
the current President.
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JAJ

The phrase "British mainland citizen" is confusing. There is such a thing as a "British citizen" and a "British Overseas citizen" - they are two distinct categories of British nationality (out of six in total).

As long as a UK passport says "British Citizen" in the nationality section of the ID page, it is acceptable for the U.S. visa waiver. It doesn't matter whether the holder was born in the UK, or how the holder acquired British citizenship.

Bob

I've a mate that has a DUI, and his family have a camp near the Canadian border, anyway, they were going over the border for the day, and he was told he wasn't allowed and wouldn't be for 10 years because of the DUI.

amanda772006

Kevin Keane (see Web site for email) wrote:
    > -----BEGIN PGP SIGNED MESSAGE-----
    > Hash: SHA1
    > I'd like to ask you for a favor: when responding, could you remember to
    > add the correct number of > marks?

If he is using google to post, if he clicks the reply link (the top
one, not the one at the end of each post), google would put it for him.