purgatorio99

Hello,

My Visa Waiver expires a couple of weeks and on the last day I've been hoping to cross into Canada then start a new Waiver on my return a few days later.

I've done a lot of research about this over the last few days and the consensus amongst people who've tried this seems to be that it's not a good idea.

Respondents in other forums have pointed to ambiguous guidelines on US embassy sites, which on the one hand state that travelling to Canada or Mexico during the 90 days won't lead to an extension, and on the other state that travellers can enter any number of times and that entry over the land borders is permitted under this programme.

But what I haven't been able to find are any actual stories or reports from travellers who have been turned away while trying this. It doesn't seem likely that everyone who's ever considered this option has been dissuaded - and from what I know about public forums, people will normally post when they have problems or something to complain about. But there's a striking absence of horror stories on this issue. Which makes me think this is a valid option.

So what I'd like to know is if there's anyone who has crossed into Canada or Mexico at the end of their 90 days and started a fresh Visa Waiver on their return - or who knows of someone else who's done this?

Thanks!

Big D

If you go over the border they dont always/usually take your I-94 out - therefore you dont get a new one!

purgatorio99

Thanks for that quick reply.

What if I make a point of asking them to take it? Would that work?

Ray

You arrived with a return ticket ...use it ....
Always try to keep in the POE best book ...

Especially if you intend to visit regularly or maybe want to
immigrate ...

purgatorio99

No, I'll need to pay for a flight out if it comes to that. I'm fairly close to the Canadian border and this is the easiest, cheapest option.

chicagojlo

That's for within the 90 day period. When you came back you'd still be here legally.
If you leave and come back after the initial 90 day period you will need a new I94, otherwise you will face major problems when leaving later on. If your I94 doesn't get taken out and you want it to show you leaving then I believe there is a place you can mail it to.

There is also the issue of having too many 90 day VWP stays in a period of time. Usually you are supposed to be out as long as you were in before coming back. A first time might not get noticed but if you intended on coming back for a second time you may find yourself stuck in Canadialand.

hobbes79

I think Ray is suggesting that you came to US originally on a plane with a return ticket to go back within 90-days. Unless you hopped over the Canadian border to come to the US in first place of course.

rew1000

Not sure: asking the Canadians to keep your I-94 implies you're not returning to the US.

This may raise questions about your admissability to Canada. I know nothing about Canadian immigration law, but I would expect them to want to understand what you're intending to do once you're in Canada. The presence of a valid I-94 in your passport provides them with reassurance that you won't end up stuck in Canada.

Also : if you want to re-enter from Canada on a visa-waiver, they're going to want the usual assurance that you won't be overstaying : return plane ticket, ties to other country etc. Arriving by car from Canada could complicate this somewhat...

purgatorio99

Do you mean trying to start a third 90 day period? This is my first 90 day stay and the first time I'll have tried getting a new VWP straight away.

When it comes to the I94 being taken out, will I be able to ask the Canadian border official to do that for me?

Ray

Correct ..you are suppose to arrive with a return or forward ticket as part of the visa waiver agreement ..

meauxna

I think you are missing the point that the Canadians might not let you in.

It is crystal clear on the CBP.gov website that a trip to Canada (if that is not your home) is not a way to reset your VWP.
I'm sure you can find lots of websites that will talk about how to get around that, but this generally isn't one of them.

As noted, if you have longer term aspirations for the US, you shouldn't screw around with the VWP. 'As long out as you were in' is a good rule of thumb.

SagenOnion

Prior to becoming a LPR I worked in LA and spent 2 weekends each month done in Mexico. I do not recall ever having the I-94 removed from my passport..not once when crossing the border by land. The only time I had it removed was when I flew out of LAX.

I honestly wouldn't risk it if I were you.

chicagojlo

I meant if you try it again after doing it this time. That's if you get away with it this time!

UK nationals at least can get a vwp type entry to Canada, if you're flying anyway. When we went they were quite strict about judging how likely you were to leave, we only brought one very small case filled with baby clothes as we intended to do some major shopping while there and were questioned quite intensely about why we had so little luggage if we were only tourists.
I don't know how it is when you try to cross by car.

And as others said trying to get around the rules now is a big gamble if you have any long term plans to live here.

Bill_S

I was about to post this very comment. I've read at least one story from somebody who tried to enter Canada around day 87 of a VWP. The Canadians said no way and turned him back to the US. To the OP, absolutely don't try this on day 90 of your VWP. If Canada says no, are you going to be able to quit the US for the UK on the same day?

In fact, don't try this at all. Even if Canada plays ball, the US might not.

purgatorio99

Thanks, rew. The US Embassy guidelines about this do state that "Entry at a land border crossing point from Canada or Mexico is permitted under the VWP. Travelers who apply for entry at a land border crossing point are not required to present round-trip transportation tickets", so this won't be an issue.

I can't find any, if this is something that shouldn't be openly discussed on this site, can you recommend some to me by PM? Implicit in your reply is the fact that some people do use this sort of trip to reset VWPs...

Perhaps it would be better to spend a week in Canada, allowing enough room on my first VWO to get to an airport if Canada refused me entry.