visa waiver reentry through canada/sigatory carrier
Sep 3rd 2003, 5:55 am
#1
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Thread Starter
Joined: Aug 2003
Posts: 7
visa waiver reentry through canada/sigatory carrier
Hi,
The question I have is,my boyfriend is here[USA] on visa waiver program,and that will be up first part of october.
I have read the BCIS website stuff over and over again,but does anyone have any working knowledge of a third country national enentering through Canada?
Basically we have a trip planned mid september to Victoria Canada on the Clipper,when he reenters the country on our way home,will they reissue him a new visa waiver with some sort of a back date,it clearly states the old one muct be surrendered on the way out of the country..,and you are given only the remainder of the original visit,since to my knowledge all visa waivers are good for 90 days,I can only assume then they must have some way of making an adjustment to the re-enter date???
Also it says at the officers discretion a new one can be issued at the disrection of the officer if the person is traveling on a "signatory carrier"..To my understanding that is a commercial airline,normally,I suppose also some sea going vessels,that have an agreement with USA to return passengers if they arent admitted..Ive tried calling Victoria US immigration office many times and I just get a message to leave a message,this is the only advice the people at the Victoria Clipper can give..
Quite honestly we are just trying to get some time,there is alot of things we wanted to do when he was here this time and he would like to stay through my birthday..
I know he can go back to germany and reenter that way,but we are just trying to save some money on airline tickets..I only live about 100 miles from the canadian border..
We are trying to do everything within the law,the last thing we want to do is get into any trouble,it just seems if it is at all possible to save money and air travel if at all possible.
Thank you so much in advance for reading,and any advice is greatly appreciated..
Bunny
The question I have is,my boyfriend is here[USA] on visa waiver program,and that will be up first part of october.
I have read the BCIS website stuff over and over again,but does anyone have any working knowledge of a third country national enentering through Canada?
Basically we have a trip planned mid september to Victoria Canada on the Clipper,when he reenters the country on our way home,will they reissue him a new visa waiver with some sort of a back date,it clearly states the old one muct be surrendered on the way out of the country..,and you are given only the remainder of the original visit,since to my knowledge all visa waivers are good for 90 days,I can only assume then they must have some way of making an adjustment to the re-enter date???
Also it says at the officers discretion a new one can be issued at the disrection of the officer if the person is traveling on a "signatory carrier"..To my understanding that is a commercial airline,normally,I suppose also some sea going vessels,that have an agreement with USA to return passengers if they arent admitted..Ive tried calling Victoria US immigration office many times and I just get a message to leave a message,this is the only advice the people at the Victoria Clipper can give..
Quite honestly we are just trying to get some time,there is alot of things we wanted to do when he was here this time and he would like to stay through my birthday..
I know he can go back to germany and reenter that way,but we are just trying to save some money on airline tickets..I only live about 100 miles from the canadian border..
We are trying to do everything within the law,the last thing we want to do is get into any trouble,it just seems if it is at all possible to save money and air travel if at all possible.
Thank you so much in advance for reading,and any advice is greatly appreciated..
Bunny
Sep 3rd 2003, 2:59 pm
#2
Guest
Posts: n/a
Re: visa waiver reentry through canada/sigatory carrier
On Wed, 03 Sep 2003 17:55:09 +0000, bunny001 wrote:
> Hi,
>
> The question I have is,my boyfriend is here[USA] on visa waiver
> program,and that will be up first part of october.
>
> I have read the BCIS website stuff over and over again,but does anyone
> have any working knowledge of a third country national enentering
> through Canada?
>
> Basically we have a trip planned mid september to Victoria Canada on the
> Clipper,when he reenters the country on our way home,will they reissue
> him a new visa waiver with some sort of a back date,it clearly states
> the old one muct be surrendered on the way out of the country..,
Canada (and Mexico) is an exception to this rule. He would keep the old
I-94W (the green visa waiver form), including the expiration date in early
October.
> and you are given only the remainder of the original visit,since to my
> knowledge all visa waivers are good for 90 days,I can only assume then
> they must have some way of making an adjustment to the re-enter date???
No. What they mean is "the time you spent in Canada counts towards the 90
days". So he'll keep the same expiration date.
> Also it says at the officers discretion a new one can be issued at the
> disrection of the officer if the person is traveling on a "signatory
> carrier"..To my understanding that is a commercial airline,normally,I
> suppose also some sea going vessels,that have an agreement with USA to
> return passengers if they arent admitted..Ive tried calling Victoria US
> immigration office many times and I just get a message to leave a
> message,this is the only advice the people at the Victoria Clipper can
> give..
Once again, travel to Canada is special, and in this case, travel to
Canada on a ferry is even more special. As far as I know, ferries are not
technically signatory carriers, but rather are treated similar legally to
land borders - basically, the same as if you returned through Blaine.
The practical difference is minimal, though.
> Quite honestly we are just trying to get some time,there is alot of
> things we wanted to do when he was here this time and he would like to
> stay through my birthday..
Have a great trip to Victory!
> I know he can go back to germany and reenter that way,but we are just
> trying to save some money on airline tickets..I only live about 100
> miles from the canadian border..
Unfortunately, returning to Germany and reentering won't cut it. Once the
90 days are up, he needs to stay out of the USA for quite a while. People
occasionally do get away with going to Canada for a short time, and then
returning, but just as often, they find themselves stuck in Canada. Or
worse, you could even end up stuck between the countries, if Canada won't
allow them in because they have no place to go.
The rule of thumb I generally tell people is that you should use the 90
days only once in a 12 month period.
If you still want to try and go to Canada, and take the chance of him
returning, what he would need to do is hand his I-94W to the Canadian
immigration officer (if he went to Mexico, he would have to see a US
officer, though). The Canadian officers do not usually like to take the
I-94Ws, but he would have to insist (and at the same time make himself
suspicious in the eyes of the Canadian inspector!)
Then stay in Canada for a few weeks, at the very least don't return right
the next day. When he returns to the US, he needs to declare his
citizenship (don't give in to the temptation of just claiming US
citizenship for both of you. That is a felony and would get him barred for
life if it ever came out!) You would the be asked to pull over and go into
the office, where you'd fill out a new I-94 and pay the fee (I believe
it's $6).
> We are trying to do everything within the law,the last thing we want to
> do is get into any trouble,it just seems if it is at all possible to
> save money and air travel if at all possible.
Well, do keep in mind that the visa waiver is intended strictly for casual
short-term visitors. That's why it's limited to 90 days. Trying to
"extend" it with a trip to Canada is really circumventing the spirit of
the law.
> Thank you so much in advance for reading,and any advice is greatly
> appreciated..
Sorry to be the bearer of unfortunate news!
--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.
Please support H.R. 539, H.R. 832 and S. 1510. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml
Please visit my new FAQ at http://www.kkeane.com (always under construction)
My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.
Now with new photos! Please feel free to enjoy some of my photographs at my
new Web site http://www.ingopakleppa.com ! Comments are welcome.
> Hi,
>
> The question I have is,my boyfriend is here[USA] on visa waiver
> program,and that will be up first part of october.
>
> I have read the BCIS website stuff over and over again,but does anyone
> have any working knowledge of a third country national enentering
> through Canada?
>
> Basically we have a trip planned mid september to Victoria Canada on the
> Clipper,when he reenters the country on our way home,will they reissue
> him a new visa waiver with some sort of a back date,it clearly states
> the old one muct be surrendered on the way out of the country..,
Canada (and Mexico) is an exception to this rule. He would keep the old
I-94W (the green visa waiver form), including the expiration date in early
October.
> and you are given only the remainder of the original visit,since to my
> knowledge all visa waivers are good for 90 days,I can only assume then
> they must have some way of making an adjustment to the re-enter date???
No. What they mean is "the time you spent in Canada counts towards the 90
days". So he'll keep the same expiration date.
> Also it says at the officers discretion a new one can be issued at the
> disrection of the officer if the person is traveling on a "signatory
> carrier"..To my understanding that is a commercial airline,normally,I
> suppose also some sea going vessels,that have an agreement with USA to
> return passengers if they arent admitted..Ive tried calling Victoria US
> immigration office many times and I just get a message to leave a
> message,this is the only advice the people at the Victoria Clipper can
> give..
Once again, travel to Canada is special, and in this case, travel to
Canada on a ferry is even more special. As far as I know, ferries are not
technically signatory carriers, but rather are treated similar legally to
land borders - basically, the same as if you returned through Blaine.
The practical difference is minimal, though.
> Quite honestly we are just trying to get some time,there is alot of
> things we wanted to do when he was here this time and he would like to
> stay through my birthday..
Have a great trip to Victory!
> I know he can go back to germany and reenter that way,but we are just
> trying to save some money on airline tickets..I only live about 100
> miles from the canadian border..
Unfortunately, returning to Germany and reentering won't cut it. Once the
90 days are up, he needs to stay out of the USA for quite a while. People
occasionally do get away with going to Canada for a short time, and then
returning, but just as often, they find themselves stuck in Canada. Or
worse, you could even end up stuck between the countries, if Canada won't
allow them in because they have no place to go.
The rule of thumb I generally tell people is that you should use the 90
days only once in a 12 month period.
If you still want to try and go to Canada, and take the chance of him
returning, what he would need to do is hand his I-94W to the Canadian
immigration officer (if he went to Mexico, he would have to see a US
officer, though). The Canadian officers do not usually like to take the
I-94Ws, but he would have to insist (and at the same time make himself
suspicious in the eyes of the Canadian inspector!)
Then stay in Canada for a few weeks, at the very least don't return right
the next day. When he returns to the US, he needs to declare his
citizenship (don't give in to the temptation of just claiming US
citizenship for both of you. That is a felony and would get him barred for
life if it ever came out!) You would the be asked to pull over and go into
the office, where you'd fill out a new I-94 and pay the fee (I believe
it's $6).
> We are trying to do everything within the law,the last thing we want to
> do is get into any trouble,it just seems if it is at all possible to
> save money and air travel if at all possible.
Well, do keep in mind that the visa waiver is intended strictly for casual
short-term visitors. That's why it's limited to 90 days. Trying to
"extend" it with a trip to Canada is really circumventing the spirit of
the law.
> Thank you so much in advance for reading,and any advice is greatly
> appreciated..
Sorry to be the bearer of unfortunate news!
--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.
Please support H.R. 539, H.R. 832 and S. 1510. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml
Please visit my new FAQ at http://www.kkeane.com (always under construction)
My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.
Now with new photos! Please feel free to enjoy some of my photographs at my
new Web site http://www.ingopakleppa.com ! Comments are welcome.
