bowenaj37

So I am flying to Chicago to see the missus not sweating the immigration per say but I have had one thought. I will be flying Dublin to Chicago. I understand you pre clear the immigration at Dublin and depart as a normal passenger in Chicago. It probably won't happen but what if this ash cloud changes suddenly after you pre clear the immigration facilities and it takes 2 or 3 days for the flights to resume. Would you have to be clear immigration again or go through on the same clearance you got issued with in the first place.

ian-mstm

That depends on whether they vacate the airport, or whether you remain inside the cleared territory.

Ian

lisa67

does this have anything to do with the "advice" that you've given on the other thread???

bowenaj37

What if the airport is closed the airline puts us in hotels would they take the i94 off us and do fresh stamping again a fresh 90 days. Would the airline legally not be allowed to put in a hotel given we have already cleared immigration and you can't leave that secure area. It would nice to know your rights in that situation Or would they just inspect the i94 again before allowing you to proceed. What would the procedure be. I mean it won't happen the way it happened the very first time when the ash just popped up out of nowhere. Ok the other one might go off but I hope it wont. People must have faced this last time there were people taken off planes at manchester on the runway.

bowenaj37

Got a mate's stag do on the saturday night in Dublin might as well spend the sunday just chilling out in Dublin have a look round i will fly on the monday.

ian-mstm

Well, what if they do? What's your point?


The airline might put you up in a hotel as a courtesy... they certainly aren't obligated to. At any rate, if they close the airport, you leave... it's as simple as that, and you'll need to preclear immigration again later on.


Rights? What rights? Rights with... the hotel? the airline? the airport? US immigration perhaps? As an aside, there is no right to fly, no right to be put up in a hotel, no right to demand anything from the airline other than they transport you when it's safe for them to do so (and you don't get to decide when that is), no right to demand anything of the airport, and no right with respect to US immigration.

Ian

Ginblossom

Ian, strictly speaking the OP does have rights obligated to him from the airline under EU law, in terms of cancellation and delay. I am now an expert on this lol, thanks to my own experience, and I detailed this in my volcano thread, to save me repeating them here.

These however have nothing to do with US immigration of course which I imagine is the real issue here.

bowenaj37

The airline has to refund or compensate you for "reasonable expenses" that was the term Ryanair used things such as food and overnight hotel that was what happening last time. I think they also have to refund the flight if you are forced to cancel your trip or rebook to a later flight I think some EU directive covers that Ryanair didn't like it much and wants compensation from the European Comission.

Would U.S immigration give you a fresh 90 day admission if the airport is closed and you are forced to leave the immigration area or would they honour the existing 90 day stamp? Would you get a new 90 day stamp without question?

Ginblossom

I have started a new thread to give you the answer you seek

bowenaj37

Thanks you can probably word it better than I could!

JAJ

Is this what you think, or do you know for sure?

It doesn't matter to the majority of VWP users but is very relevant to some, such as those admitted on an Immigrant Visa.

srefre

I might be wrong, but doesn't that only apply to airlines based in the EU?

If you are flying a US airline but purchased your ticket in the EU, I think they are only obliged to get you to your destination (or possibly back home) or refund you.

Not 100% on this one, but definitely worth checking up on.

bowenaj37

It probably does only apply to EU airlines but I am flying Air Lingus so I should be covered but yeah it is worth checking up on for other people though

ian-mstm

I'm not sure what you mean.

If someone is precleared with an IV, their visa is validated then and there. If they are forced to leave the airport, why would it make a difference? They're still eligible to fly and, the 2nd time around, they'd preclear as a PR.

Is there something else that I'm missing?

Ian

S Folinsky

A Socratic inquiry: Would your answer remain the same after reading Matter of Patel, 20 I&N Dec. 368 (BIA 1991)? Please discuss and justify your answer.