DavidLemon

I read the post wrong. I now see that the reference to overstay vwp is in relation to the intended travel and not an actual past infraction.

Jscl

I wonder is this issue arises because of road crossings into the US from Canada/Mexico. If everyone had to fly it probably wouldn't be an issue, but they probably have some issue with databases being different when you enter on one mode of transport and exit on another, and to cover themselves they make you do a B2 rather than use the ESTA.

Just pondering, no real info here...

DavidLemon

I have driven through Canada from Michigan to Mass on Esta, whilst the trip only involved a one night stay in Buffalo, there was no issue.

I had flown into Michigan, and flown home from Mass. It was a great road trip, but no need for a b-2 to accomplish it. That was about 5 or 6 years ago.

xpat123

So, according to you, the advice is still to not apply for the B2? I'm very confused about the odds of getting it, as it seems 100% in Australia and almost 0% here (judged by the general tones in the forums).

Also, I'm unsure if the officer understood that I'm not going to need ESTA, since I'm not transiting through the US. I will probably try to email him for further information.

Is there anyone that has experienced any problems at the border?

Also, I have found out the following statement on the Embassy in Ottawa:
"Generally, VWP applicants admitted under the VWP may be readmitted to the U.S. after a departure to Canada or Mexico or adjacent islands for the balance of their original admission period, provided they are otherwise admissible and meet all the conditions of the VWP."

This seems to imply that road crossings is okay, as long as I spend more time in Canada than in US?

crg

Not a breach. People do it all the time. There are rules for contiguous territory and return tickets but there is discretion allowed.

gotenks2

I know it's an old thread but the issue is this: The problem is when you travel to the US by air under VWP and leave the US by LAND, either to canada or to Mexico, cuz no I-94W (green form) is issued anymore, so, there's no way they can record your departure and on their system your 90 days are still counting. The other issue is the onward ticket requirement to you home country but in your case as you're gonna live in canada it's not required.

But if you're in transit, so you enter by AIR ane LEAVE BY AIR... your departure WILL be recorded and you won't have any problem.

The CBP office may ask you for your onward ticket to your home country but you just explain that you're gonna LIVE in Canada (NOT VISIT... LIVING) cuz that's what you're gonna do. And I'm almost sure the onward ticket will not be required in your case.

ian-mstm

Of course there is... your passport is still swiped at a land crossing by the other country on arrival, and that information is forwarded back to the US under, in this case, a reciprocal US/CDN agreement.

Ian

gotenks2

Probably you're right.

But What about in Mexico?... I have that issue... I entered by air and I'm gonna leave by land through the mexican border (I live in Mexico and travel to the US under the VWP). But in Mexico noone scan your passport even there's no immigration checkpoint in the mexican side, so how will the CBP record my departure?

crg

It really doesn't matter all that much. If there is ever a concern about how long you stayed, the burden of proof is on you to show that you departed on time. So you should be prepared to do that during any future US travel.

ian-mstm

Right... which is why even a single credit card transaction (not online... in person) initiated in Mexico after you leave the US will demonstrate that on that specific date, you had already left the US. Easy peasy! People worry so!

Ian

robinr22

As the family member in question, I realise that I'm resurrecting an old thread but I thought people might like to know what happened.

US Immigration had no problem with me entering on the Visa Waiver Scheme - they didn't ask a single question at JFK about my intentions or my onward trip. I haven't tried to travel back into the US yet but I can't imagine it would be a problem given how little they seemed to care.

BUT....the airline DID care. They insisted on seeing details of my onward flight before they would allow me to board the plane. Thankfully I had covered my bases and booked a fully refundable flight out of Canada in case there was a problem but, had I not done this, I would have been denied boarding by the airline (at the departure gate no less...). It's worth noting that this was flying out of Kuwait so they may be more strict there.

So, for anyone in a similar situation, you probably will need an onward flight or be prepared to take the risk of not being allowed on board the plane.

Seems freaking ridiculous to me, but it is what it is...

JAJ

The U.S. visa waiver program requires a return or onward ticket. And an onward ticket that terminates in Canada won't work unless you are a "resident" of Canada.

If you want to fly into the United States one way, as a tourist, this can be done but you need a B-2 tourist visa. Or a Canadian passport. The other exceptions are few.

robinr22

Sorry, perhaps I wasn't clear. I booked a fully refundable flight from Canada back to the UK, so I had a ticket that terminated outside of Canada.

You are indeed right -- the airline wouldn't have let me board if I'd shown a ticket to Canada but fortunately that wasn't the case.