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Visiting Canada and USA on visa waiver. Do I need return ticket purchased in advance?

Visiting Canada and USA on visa waiver. Do I need return ticket purchased in advance?

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Old May 26th 2009, 3:08 pm
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Default Visiting Canada and USA on visa waiver. Do I need return ticket purchased in advance?

Hey folks,

I am going to visit Canada and USA this summer. Flying to Canada and then crossing by land to the USA. I have not got exact date in mind when I am coming back. My idea it to buy one way ticket to Canada and start traveling. I will be entering in USA via land crossing. There shall I just indicate to them that I am going to travel as tourist, show proof of funds and say that l will buy return ticket at the later stage?

Also say there was a grumpy border guard, what will happen then? I have read with the visa waiver program you can apply to enter USA as many times as you want provided person got no criminal records or deportation orders. So I can wait a day and drive to the same border post to speak with a different border guard?
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Old May 26th 2009, 3:14 pm
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Default Re: Visiting Canada and USA on visa waiver. Do I need return ticket purchased in adva

I thought part of the requirement of traveling on the VWP is that you hold a return ticket.

Rene
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Old May 26th 2009, 3:17 pm
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Default Re: Visiting Canada and USA on visa waiver. Do I need return ticket purchased in adva

Originally Posted by a2406
Hey folks,

I am going to visit Canada and USA this summer. Flying to Canada and then crossing by land to the USA. I have not got exact date in mind when I am coming back. My idea it to buy one way ticket to Canada and start traveling. I will be entering in USA via land crossing. There shall I just indicate to them that I am going to travel as tourist, show proof of funds and say that l will buy return ticket at the later stage?

Also say there was a grumpy border guard, what will happen then? I have read with the visa waiver program you can apply to enter USA as many times as you want provided person got no criminal records or deportation orders. So I can wait a day and drive to the same border post to speak with a different border guard?
It depends how much they don't like you. The first border guard can do a Visa Waiver Program refusal that removes your ability to use the VWP ever again.

Is there more to this story? Have you had significant travel to the US before? Have you been denied an ESTA clearance?

You should have a return ticket in your hand before seeking entry to Canada or the US. Either country may want to see it.

If you will possibly be in the US for more than 90 days, you need a visa. Don't try that Canada and back to the US rinse.. repeat nonsense.
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Old May 26th 2009, 3:19 pm
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Default Re: Visiting Canada and USA on visa waiver. Do I need return ticket purchased in adva

Originally Posted by Noorah101
I thought part of the requirement of traveling on the VWP is that you hold a return ticket.

Rene
That requirement doesn't specifically apply to crossing by land. In practice, they can deny entry for any little thing. If the person is on a work permit with plenty of time left, or landed in Canada, they won't care as much about a return ticket.

If they have only visitor status in Canada, they may want to see a ticket even if it's not required by regulation.
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Old May 26th 2009, 3:20 pm
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Default Re: Visiting Canada and USA on visa waiver. Do I need return ticket purchased in adva

Originally Posted by a2406
Hey folks,

I am going to visit Canada and USA this summer. Flying to Canada and then crossing by land to the USA. I have not got exact date in mind when I am coming back. My idea it to buy one way ticket to Canada and start traveling. I will be entering in USA via land crossing. There shall I just indicate to them that I am going to travel as tourist, show proof of funds and say that l will buy return ticket at the later stage?

Also say there was a grumpy border guard, what will happen then? I have read with the visa waiver program you can apply to enter USA as many times as you want provided person got no criminal records or deportation orders. So I can wait a day and drive to the same border post to speak with a different border guard?
The answer to your question is here.

Specifically:

Q: Who Is Eligible to Use the VWP?
A: To qualify for the VWP, you must:
[ ... ]

* Have a return trip ticket to any foreign destination other than a territory bordering on the United States or an adjacent island unless:

1. You are a resident of an adjacent island,
2. This requirement is waived by the Attorney General under regulations, or
3. You are a visitor for business who arrives aboard a private aircraft that maintains a valid agreement guaranteeing to transport you out of the United States, if you are found to be inadmissible or deportable;
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Old May 26th 2009, 3:53 pm
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Default Re: Visiting Canada and USA on visa waiver. Do I need return ticket purchased in adva

Crg an insightful remark.


Here is what I read
Refusal of admission under the VWP does not constitute removal for purposes of the INA,12 meaning that an alien who is refused admission under the VWP and cannot contest this determination is at least not subject to the five-year bar on re-entry that would apply if the alien were removed upon arrival pursuant to an ordinary application for admission
That in plain English seems to say person can come next day to the same port of entry.

Visa Waiver Program refusal. I googled it and saw a person with the round trip ticket got it cause he was having cats in the car - they were considered an indicator that he intends to immigrate.

I have no issue with buying return ticket however regulation says it must not be via Canada as far as I understood. And the guy with the cats

I have not found that a refusal by border guard makes one ineligible to enter under visa waiver in future. Perhaps you can post a link to the statue that says so.

As to what I plan, as I said travel to the Canada and USA. Tons of people travel across Europe each summer and its pretty normal. I feel USA and Canada is also pretty obvious tourists destinations.
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Old May 26th 2009, 4:22 pm
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Default Re: Visiting Canada and USA on visa waiver. Do I need return ticket purchased in adva

Originally Posted by a2406
Also say there was a grumpy border guard, what will happen then?
Hope you can make he/she smile and grant you entry.

I have read with the visa waiver program you can apply to enter USA as many times as you want provided person got no criminal records or deportation orders. So I can wait a day and drive to the same border post to speak with a different border guard?
You're funny. Thank you for the laugh. You are completely mistaken. The only people with guarenteed entry to the US are US citizens. Anyone else, including Permanent Residents and those with visas, can be turned away by border agents.

They don't really need a reason to turn you away. But one way to catch their attention in a bad way, is to visit here too many times. Coming here on the VWP only gives you 90 days to visit. Hopping over the border to Canada or Mexico does not restart this clock. If you overstay your 90 days by even 1 day, you are ineligible to visit the US on the VWP ever again. The general rule of thumb we tell people on here is to spend as much time outside the US as you do in the US. E.g. 90 days in the US, 90 days outside the US.

If you go to a border crossing and they deny you entry, you can bet that they wrote or stamped something in your passport. When you try to go to the next border crossing, they will see what the previous guard put down. Or even if the agent didn't put anything in your passport, as soon as the next agent swipes your passport, he/she will see what the last guard wrote. Don't count on being able to gain entry 1 day after a denial.

Last edited by Bluegrass Lass; May 26th 2009 at 5:22 pm.
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Old May 26th 2009, 5:05 pm
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Default Re: Visiting Canada and USA on visa waiver. Do I need return ticket purchased in adva

and not being funny - if it was so flipping easy to 'hoodwink' the POE into getting entry there would be no need for this forum.
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Old May 26th 2009, 5:35 pm
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Default Re: Visiting Canada and USA on visa waiver. Do I need return ticket purchased in adva

Originally Posted by a2406
Perhaps you can post a link to the statue that says so.
If they do a formal visa waiver program refusal on you, you can try the next day, but you better have a visa with you. Seeking entry to the US without a visa, when one is required, can lead to an on-the-spot 5 year bar from reentry. Try again after that and it's a felony with a possible sentence of 2 to 20 years in prison and up to a $200k fine.

Section 217 deals with the VWP.

8 CFR 217.4

(a) Determinations of excludability and inadmissibility . (Redesignated as (a) effective 4/1/97, previously (b); 62 FR 10312 )

(1) An alien who applies for admission under the provisions of section 217 of the Act, who is determined by an immigration officer not to be eligible for admission under that section or to be inadmissible to the United States under one or more of the grounds of inadmissibility listed in section 212 of the Act (other than for lack of a visa), or who is in possession of and presents fraudulent or counterfeit travel documents, will be refused admission into the United States and removed. Such refusal and removal shall be made at the level of the port director or officer-in-charge, or an officer acting in that capacity, and shall be effected without referral of the alien to an immigration judge for further inquiry, examination, or hearing, except that an alien who presents himself or herself as an applicant for admission under section 217 of the Act, who applies for asylum in the United States must be issued a Form I-863, Notice of Referral to Immigration Judge, for a proceeding in accordance with § 208.2(b)(1) and (2) of this chapter. (Paragraph (a)(1) revised effective 4/1/97; 62 FR 10312 )

8 CFR 217.2 (2) Persons previously removed as deportable aliens. Aliens who have been deported or removed from the United States, after having been determined deportable, require the consent of the Attorney General to apply for admission to the United States pursuant to section 212(a)(9)(A)(iii) of the Act. Such persons may not be admitted to the United States under the provisions of this part notwithstanding the fact that the required consent of the Attorney General may have been secured. Such aliens must secure a visa in order to be admitted to the United States as nonimmigrants, unless otherwise exempt.

Last edited by crg; May 26th 2009 at 5:38 pm.
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Old May 26th 2009, 6:58 pm
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Default Re: Visiting Canada and USA on visa waiver. Do I need return ticket purchased in adva

Originally Posted by a2406
I have no issue with buying return ticket however regulation says it must not be via Canada as far as I understood.
I don't think that there is any problem with your return being via Canada so long as your final destination is elsewhere.
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Old May 26th 2009, 7:20 pm
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Default Re: Visiting Canada and USA on visa waiver. Do I need return ticket purchased in adva

I've travelled to the US without a return ticket many times in the last 10 years and never had a problem. I was starting to think that requirement was out of date because who has paper tickets these days? Sure, I could print out an itinerary but it's no proof that I have a ticket.

But maybe I was lucky - one grumpy border guard and the problems start. I'd buy a return ticket if I were you. If you'd rather keep your travel plans flexible then one trick I've heard is to buy a one-way in and a business class one-way out. Cash in the business class ticket later and buy a one-way out.

Excuse my ignorance but does the VWP even exist any more? I thought you now had to get an electronic visa beforehand, or is that just the new VWP?
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Old May 26th 2009, 7:25 pm
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Default Re: Visiting Canada and USA on visa waiver. Do I need return ticket purchased in adva

Originally Posted by paulw99
I've travelled to the US without a return ticket many times in the last 10 years and never had a problem. I was starting to think that requirement was out of date because who has paper tickets these days? Sure, I could print out an itinerary but it's no proof that I have a ticket.

But maybe I was lucky - one grumpy border guard and the problems start. I'd buy a return ticket if I were you. If you'd rather keep your travel plans flexible then one trick I've heard is to buy a one-way in and a business class one-way out. Cash in the business class ticket later and buy a one-way out.

Excuse my ignorance but does the VWP even exist any more? I thought you now had to get an electronic visa beforehand, or is that just the new VWP?
The VWP certainly does still exist! The electronic "visa" that you mention is probably the ESTA electronic form you need to fill in before travelling..it is not a visa.
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Old May 26th 2009, 7:30 pm
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Default Re: Visiting Canada and USA on visa waiver. Do I need return ticket purchased in adva

The VWP still exists, you just need an ESTA clearance ahead of time to use it. The two go hand in hand.
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Old May 26th 2009, 11:42 pm
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Default Re: Visiting Canada and USA on visa waiver. Do I need return ticket purchased in adva

Originally Posted by paulw99
I've travelled to the US without a return ticket many times in the last 10 years and never had a problem. I was starting to think that requirement was out of date because who has paper tickets these days? Sure, I could print out an itinerary but it's no proof that I have a ticket.

But maybe I was lucky - one grumpy border guard and the problems start. I'd buy a return ticket if I were you. If you'd rather keep your travel plans flexible then one trick I've heard is to buy a one-way in and a business class one-way out. Cash in the business class ticket later and buy a one-way out.

Excuse my ignorance but does the VWP even exist any more? I thought you now had to get an electronic visa beforehand, or is that just the new VWP?
I was under the impression that airlines wouldn't allow you to board if you don't have a return ticket...unless of course you have a visa/GC.

Last edited by Jerseygirl; May 27th 2009 at 1:10 am.
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Old May 27th 2009, 12:51 am
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Default Re: Visiting Canada and USA on visa waiver. Do I need return ticket purchased in adva

Paul, thanks for the good advice.

True, anyone can print out piece of paper showing whatsoever reservation, etc.

Crg imho if person`country have visa waiver agreement with the usa and person have no criminal record and no overstay record and no cats with him then its kinda logical he is pretty normal visitor.

I have looked at the legal info you kindly provided

217.4 - Inadmissibility and deportability.

(a) Determinations of inadmissibility. (1) An alien who applies for admission under the provisions of section 217 of the Act, who is determined by an immigration officer not to be eligible for admission under that section or to be inadmissible to the United States under one or more of the grounds of inadmissibility listed in section 212 of the Act (other than for lack of a visa), or who is in possession of and presents fraudulent or counterfeit travel documents, will be refused admission into the United States and removed. Such refusal and removal shall be made at the level of the port director or officer-in-charge, or an officer acting in that capacity, and shall be effected without referral of the alien to an immigration judge for further inquiry, examination, or hearing, except that an alien who presents himself or herself as an applicant for admission under section 217 of the Act, who applies for asylum in the United States must be issued a Form I863, Notice of Referral to Immigration Judge, for a proceeding in accordance with 208.2(b)(1) and (2) of this chapter.

(2) The removal of an alien under this section may be deferred if the alien is paroled into the custody of a Federal, State, or local law enforcement agency for criminal prosecution or punishment. This section in no way diminishes the discretionary authority of the Attorney General enumerated in section 212(d) of the Act.

(3) Refusal of admission under paragraph (a)(1) of this section shall not constitute removal for purposes of the Act.

(b) Determination of deportability. (1) An alien who has been admitted to the United States under the provisions of section 217 of the Act and of this part who is determined by an immigration officer to be deportable from the United States under one or more of the grounds of deportability listed in section 237 of the Act shall be removed from the United States to his or her country of nationality or last residence.
Americans come to Europe, often drunk and shouting and are happily admitted. If they have more than three pair of socks with them perhaps they should be interrogated, joking
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