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Dual Citizen & Visa Waiver Program

Dual Citizen & Visa Waiver Program

Old Feb 21st 2007, 11:14 pm
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Default Dual Citizen & Visa Waiver Program

Hi,
I have both a British passport and an Australian passport. I also have a Canadian working holiday visa valid for 12 months. I worked in Vancouver, Canada for 5 months and have now been traveling around the US for the last 2 and a half months and I entered on my Australian passport with the VWP.

First question: Am I allowed to cross the border in to Mexico handing in my I-94w on the way and then re-enter the US on my British passport on a new I-94w and another 90 days?

Second question: If I return to Canada and hand in my I-94w on the way back, will I be able to visit the U.S. again without having to fly outside North America. Or would I be better off applying for a B-2 visa back in Vancouver?

Any advice is greatly appreciated,
Cheers.
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Old Feb 21st 2007, 11:39 pm
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Default Re: Dual Citizen & Visa Waiver Program

others more qualified will most likely chime in on this but my question would be why would you want to re-enter the US from Mexico on your British passport instead of the Australian one? Somehow i don't think it would matter either way. You're a tourist,right? on the 2nd question i think when you leave the US you leave it... doesn't matter how far away you go...
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Old Feb 21st 2007, 11:48 pm
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Default Re: Dual Citizen & Visa Waiver Program

Originally Posted by silvermine View Post
others more qualified will most likely chime in on this but my question would be why would you want to re-enter the US from Mexico on your British passport instead of the Australian one? Somehow i don't think it would matter either way. You're a tourist,right? on the 2nd question i think when you leave the US you leave it... doesn't matter how far away you go...
I assume the reason he wants to re-enter on a different PP is 'cos he is hoping they won't realise he's already been in the US on the VWP...thus giving him another 90 days.
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Old Feb 21st 2007, 11:56 pm
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Default Re: Dual Citizen & Visa Waiver Program

Originally Posted by silvermine View Post
others more qualified will most likely chime in on this but my question would be why would you want to re-enter the US from Mexico on your British passport instead of the Australian one? Somehow i don't think it would matter either way. You're a tourist,right? on the 2nd question i think when you leave the US you leave it... doesn't matter how far away you go...
Umm I'm pretty sure I'd read somewhere (can't remember exactly though) that you had to leave to a country outside North America (i.e. Europe, Sth America, Australia) before you could come back on another Visa Waiver. I assume this is to stop people from just continually crossing the border and coming back for another 90 days. I've heard of people flying to South America for a week and then returning without too much hassle, I'm wondering if I could avoid this.
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Old Feb 21st 2007, 11:59 pm
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Default Re: Dual Citizen & Visa Waiver Program

Originally Posted by Jerseygirl View Post
I assume the reason he wants to re-enter on a different PP is 'cos he is hoping they won't realise he's already been in the US on the VWP...thus giving him another 90 days.
ahhh i see..

here's the quote from the cbp website

Can a VWP applicant for Admission Be Readmitted To the United States Follwing a Short Trip To an Adjacent Island, Canada, or Mexico?
A:

* Generally, VWP applicants admitted under the VWP may be readmitted to the United States after a departure to Canada or Mexico or adjacent islands for the balance of their original admission period. This is provided they are otherwise admissible and meet all the conditions of the VWP, with the exception of arrival on a signatory carrier, in which case the inspecting officers have the discretion to grant the applicants entirely new periods of admission.
* The VWP applicant is admissible and may be readmitted to the United States under the VWP after a departure to Canada or Mexico or adjacent islands provided the person:

1. Can identify an authorized period of admission that has not expired,
2. Plans to depart the United States prior to the expiration date of their period of admission,
3. Presents valid, unexpired passports which reflect admission to the United States under the VWP, and
4. Continues to meet all criteria set forth in 8 CFR 217 and section 217 of the Immigration and Nationality Act (Act), with the exception of arrival on a signatory carrier.

""

i guess that would not give you an extra 90 days...
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Old Feb 22nd 2007, 12:02 am
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Default Re: Dual Citizen & Visa Waiver Program

Originally Posted by Jerseygirl View Post
I assume the reason he wants to re-enter on a different PP is 'cos he is hoping they won't realise he's already been in the US on the VWP...thus giving him another 90 days.
Yes I am hoping to get another 90 days, but I wouldn't be sneaky about it. I'd show them both passports and be honest (an immigration official in Canada told me always to show both passports at border crossings and just tell them which one I wish to enter the country on). I don't want to hide anything I just want to know if each passport affects the other so to speak.
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Old Feb 22nd 2007, 12:09 am
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Default Re: Dual Citizen & Visa Waiver Program

Originally Posted by gdev77 View Post
Yes I am hoping to get another 90 days, but I wouldn't be sneaky about it. I'd show them both passports and be honest (an immigration official in Canada told me always to show both passports at border crossings and just tell them which one I wish to enter the country on). I don't want to hide anything I just want to know if each passport affects the other so to speak.
So why did you say you wanted to re-enter on your British PP when you entered using your Oz PP? I would think immigration officials would not be too happy at you doing that.
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Old Feb 22nd 2007, 12:12 am
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Default Re: Dual Citizen & Visa Waiver Program

Originally Posted by gdev77 View Post
Umm I'm pretty sure I'd read somewhere (can't remember exactly though) that you had to leave to a country outside North America (i.e. Europe, Sth America, Australia) before you could come back on another Visa Waiver. I assume this is to stop people from just continually crossing the border and coming back for another 90 days. I've heard of people flying to South America for a week and then returning without too much hassle, I'm wondering if I could avoid this.
never heard of that but .. i guess you could try from ol mexico.. but when the US immigration on the way back asks you how did you get to mexico ... etc ??

to be frank i've never entered the US on a visa waiver so my experience is very limited..

but at least from their website you know you can return for the balance of the 90 days...
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Old Feb 22nd 2007, 1:09 am
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Default Re: Dual Citizen & Visa Waiver Program

Originally Posted by silvermine View Post
never heard of that but .. i guess you could try from ol mexico.. but when the US immigration on the way back asks you how did you get to mexico ... etc ??

to be frank i've never entered the US on a visa waiver so my experience is very limited..

but at least from their website you know you can return for the balance of the 90 days...
Sounds like Misrepresentation to me, and you would have no appeal.

Also sounds like your chance of a B2 is limited, well from a UK perspective, they seem more generous to Australians, But then the duration is more limited.

Do people get away with day trips when seeking a new I-94, well yes, but will you?

I would have back up plans in case your stay in Mexico is a little longer than anticipated.
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Old Feb 22nd 2007, 2:07 am
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Default Re: Dual Citizen & Visa Waiver Program

Okay, thanks everyone for your help so far. It don't think I will do the cross in to Mexico thing as it seems not likely I'd get back in.

So now i'm thinking I might apply for a b-2 in Vancouver at the consulate, with the reasoning that I have a work visa in Canada valid until August and it will enable me to make side trips in to the U.S. As my VWP will have expired shortly. Does anyone have advice or experiences regarding the b-2?
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Old Feb 22nd 2007, 2:54 am
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Default Re: Dual Citizen & Visa Waiver Program

Originally Posted by gdev77 View Post
Okay, thanks everyone for your help so far. It don't think I will do the cross in to Mexico thing as it seems not likely I'd get back in.

So now i'm thinking I might apply for a b-2 in Vancouver at the consulate, with the reasoning that I have a work visa in Canada valid until August and it will enable me to make side trips in to the U.S. As my VWP will have expired shortly. Does anyone have advice or experiences regarding the b-2?
First question they will ask it why you want a B-2 ...
as you can use a VW .. limited chance of getting it
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Old Feb 22nd 2007, 4:28 am
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Default Re: Dual Citizen & Visa Waiver Program

Originally Posted by gdev77 View Post
Yes I am hoping to get another 90 days, but I wouldn't be sneaky about it. I'd show them both passports and be honest (an immigration official in Canada told me always to show both passports at border crossings and just tell them which one I wish to enter the country on).
Doing that will confuse an immigration officer sooner or later and cause you a lot of questions. Show one passport, and be prepared to show the other one if asked but don't show it up-front.

And trying to use a second passport to "bypass" restrictions such as the amount of time you can spend in a particular country as a tourist. Especially not in the U.S. - that is asking for trouble.
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Old Feb 22nd 2007, 6:37 am
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Default Re: Dual Citizen & Visa Waiver Program

Originally Posted by JAJ View Post
Doing that will confuse an immigration officer sooner or later and cause you a lot of questions. Show one passport, and be prepared to show the other one if asked but don't show it up-front.

And trying to use a second passport to "bypass" restrictions such as the amount of time you can spend in a particular country as a tourist. Especially not in the U.S. - that is asking for trouble.
I enter and exit the US on either a British or an Australian passport - it depends which passport no is attached to my flight ticket.

I get hassle using the British one (what - 5 weeks holiday - u must be kidding what do u do to be allowed to have that long a break etc), but never ever on my Aussie one - "hi - have a fun stay!"
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Old Feb 22nd 2007, 8:03 am
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Default Re: Dual Citizen & Visa Waiver Program

Originally Posted by Ozzidoc View Post
I enter and exit the US on either a British or an Australian passport - it depends which passport no is attached to my flight ticket.

I get hassle using the British one (what - 5 weeks holiday - u must be kidding what do u do to be allowed to have that long a break etc), but never ever on my Aussie one - "hi - have a fun stay!"
Ozzidoc, are you ever questioned on entry to the US about your other passport, as a result of information gleaned from the computer records? I travel to the US on my British passport but it would sometimes be simpler to use my Australian passport (e.g. if I am travelling to Australia after leaving the US), but I have tried to stick to just one passsport - so I'd be interested to learn if you've ever had any problems?
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Old Feb 22nd 2007, 5:06 pm
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Default Re: Dual Citizen & Visa Waiver Program

Originally Posted by Ozzidoc View Post
I get hassle using the British one (what - 5 weeks holiday - u must be kidding what do u do to be allowed to have that long a break etc)
To which you should reply "in Europe we actually receive a reasonable amount of annual leave". Of course, that will get you a nice intensive secondary interview...

FWIW - when crossing the border into Mexico on foot you don't surrender the I-94. The Mexican border guard is usually nodding off and there are no US border guards at that part of the fence.
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