FriendlyExpat

Dear all,

Has anyone here travelled into Canada under a 1 year working holiday visa, transiting the US (under the US visa waiver program), and then had any problems subsequently re-entering the US?

This is relevant for a (British) family member of mine as it is (bizarrely) a breach of the US visa waiver program to do this very thing if you spend more than 90 days in the US and Canada combined, but in practice I suspect it must happen all the time without any problems. Therefore, this is an unscientific way of gathering actual data on whether this is a real or merely theoretical problem.

I would be particularly interested to hear any negative experiences (i.e. did you or someone you know actually get denied entry to the US in this exact situation)?

Thanks!!!

Oakvillian

Are you sure it's a breach of VWP to transit the US en route to Canada? I can't see any reference to that here http://travel.state.gov/visa/temp/wi...hout_1990.html

If your primary destination is the US and you take a side-trip to Canada during the course of your stay in the US, for sure your time in Canada is counted in your 90 days in the US. But for transit passengers no such restriction exists.

Your family member will, of course, need a valid ESTA. And for subsequent trips into the US by land, will still need to complete an I94W at the border.

FriendlyExpat

Yes, bizarrely it is probably a breach - see for example the US embassy in London's website (http://london.usembassy.gov/vwp3.html) which states: "If transiting the United States to a destination in Canada, Mexico or the adjacent islands, the traveler may re-enter the United States on the return journey using any mode of transport, as long as the total visit, including both periods of time spent in transit and in Canada, Mexico or the adjacent islands, does not exceed 90 days.".

But really, what I would like to hear from is Brits or other non-north Americans who have actually done this to see if there are any problems.

Oakvillian

I suspect the London embassy's information is a bit out of date (it refers in the future tense to changes being phased in "from July 2010"). For air travel the green I94W card referred to in that advice has been replaced by the functionality of the ESTA process (although the green form is still required for land border crossings). The key phrase in your quote above is "using any mode of transport." Rules are different for land crossings, which is why the reference is made.

THat aside, I haven't done this recently but it was certainly not a problem when I travelled to Canada via the US for a 4-month visit 20-odd years ago

christmasoompa

I think you may get more responses from the US immi forums, so I'll move this there for you.

HTH.

Orangepants

But your family member has a working visa for a year in Canada - they are not visiting Canada. The 90 days of the initial VWP will be long gone by the time they take their next trip to or through the US. It is a non issue as it is about total visit time. I was in and out of the US loads of time when I was temporarily based in Toronto in 2004 after a hurricane displaced us from Cayman. I had no issues.

Noorah101

I was going to say the same thing...the reference refers to "visit", whereas the OP isn't going to be "visiting" Canada. They are going to be "living" in Canada.

Rene

henryh

Yes, this is in no way a "breach" of the VWP.

The US embassy website is not to be trusted for information on the VWP. There is much false information on there. The embassy/consulate is run by the Dept of State, while the VWP is run by CBP/DHS, a different branch of the government.

xpat123

Hello!

Hopefully no one minds that I write in this thread as well. As a matter of fact I have exactly the same thoughts myself. After spending hours and hours looking at different forums online, it seems impossible to manage traveling between Canada and US on IEC without in some way "risking it". Either the risk is not getting the B2 visa, or the risk is getting denied entry due to overstaying VWP.

On other forums (in particular the Australian ones, and also on the US embassy of Canberra-website) it seems like the easiest thing in the world to get the B2-visa, and that going on the VWP involves a huge risk of up to 10 years ban. However, reading here the universal message seems to be almost exactly the opposite. This is obviously confusing, especially if, as just stated, even the embassies can give false information.

My question is thus the same: does anyone here have any knowledge of anyone at all experiencing trouble - either at the B2-interview or at the border to US on the IEC?

To clarify, I am going on a 1-year Working Holiday to Toronto, and want to travel over the border and fly domestic occasionally, maybe for a total time of 1 month over the year.

henryh

It won't be a problem. Just go do it along with tens of thousands of other people. Do not apply for a B-2.

xpat123

This only gets more and more confusing. After having contacted CBP, which I did a long time ago after being advised so by the consulate, they have now answered that I do indeed need the B2 visa. I therefore see no other options than to follow that advice. I suppose that the visa process itself will be quite straight-forward, considering that I now have, with this paper, evidence from the right source saying that VWP is impossible for me?

Orangepants

Why is the VWP impossible for you? What country are you from?

xpat123

I quote the answer:
In your case, you have to apply for a B1/B2 visa since the time you spent in Canada, Mexico, and the Caribbean areas all will be considered 90 days limit for ESTA purpose.

I am from Sweden, thus normally eligible for VWP.

DavidLemon

He mentions overstaying on VWP in first post.

Noorah101

I don't see that...

Rene