Re Entering Mainland USA From Canada....
Replies: 14 - Last Post: Sep 12, 2012 12:57 PM Last Post By: bzookaj
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Re Entering Mainland USA From Canada....
Hi so I travelled already 90 days on a VWP through Hawaii and Alaska, coming from the UK, am now nearing 2 months spent in Canada is it possible for me to re enter the US? Although there seems to be lots of info on this topic, my assumptions from the answers are it could be up to the "discretion" of the border control agent... Has anyone actually tried to re enter? if so what happened? Hope to find a solution out there, thanks....1
The solution is for you to either fly back to the UK or fly to somewhere in South America and spend some time there before trying to enter the US again. Time spent in Canada does not count as being "out of the USA" for purposes of the VWP. (Neither does time spent in Mexico or the Caribbean.) The border control agents aren't going to let you back in.3
Hi so I travelled already 90 days on a VWP through Hawaii and Alaska, coming from the UK, am now nearing 2 months spent in Canada is it possible for me to re enter the US?
Because times spent in Canada after entering the US counts toward the 90 days, you are now on the books as having overstayed your Visa Waiver. In this case, the discretion of the US official does not matter. Unless something very odd happens, you will not be allowed to enter the US.
Should you fly to the UK, South America, or anywhere else, it won't make a difference. You are now ineligible to enter the US under the VWP.
In fact, you may ave another problem, should you wish to return to the US. If you overstay for more than 180 days, you cannot enter the US for 5 years. To get a visa, which you will need to return to the US, you will have to prove that you left Canada before the 180 days was up.
This applies even if you fly from Canada to some other country with a transit stop in the US. The US requires you to clear customs & immigration, even if you are just going to be in the airport for a few hours. Since you are now ineligible ot enter under the VWP, you might indeed be returned to Canada.
4
Whoa Nellie, if he spent 90 days in Canada without coming back to the US he has overstayed his US visa! If Canada doesn't care where in the Hell do we get off making a rule like that! I can understand if she tried to come back to the US otherwise you'd have people bouncing back and forth but if he goes home?5
but if he goes home?
The OP is now on record as having overstayed his original Visa Waiver. That means that he is not eligible to use the VWP again, but must get a full visa. The US State Dept is quite clear on this--you need a visa if you "did not comply with the conditions of previous VWP admissions (90 days or less stay for tourism or business, etc.)" The only exception would be a major emergency--if you are comatose in a US hospital, for instance.
6
As it seems you have now spent about 150 days in the inclusion zone (as defined for the purposes of the VWP), I agree with the others ... if you wish to re-enter the US in the near future, I would leave the inclusion zone pretty quickly (not via the US), and apply for a visa from somewhere acceptable.Not sure I would rely on the good graces of an immigration officer - even if you try to enter by land via some whistle-stop portal in North Dakota. And even if you were let in, I don't see anyone re-setting the VWP clock for you.
8
Thanks for the comments guys, looks like I must head as far away from the US as possible.... they don't exactly make it easy for us travelling folk do they? I looked into gettin a B2 visa at the time of entering, but being nowhere near a US embassy made it impossible to obtain, hence the VWP. How can the US immigration tell us we can only spend 90 days in all North America... why should entering canada be inclusive of that time? Its so ridiculous... oh well I'll go spend my tourist dollars in some other country then... Thanks again Thorn Tree.9
How can the US immigration tell us we can only spend 90 days in all North America... why should entering canada be inclusive of that time?
It's the method by which the US decided to prevent border runs. Any complaining is pointless, since you agreed to this condition by using it.
But at least the US doesn't limit your time here in addition to that. Europe allows only 90 days in a 180 day period.
10
Up to the discretion of the border guard...That's funny! Eh, this is the US, not Mexico. All gov't employees follow the rules. Even if they can't tell you why the rule exists.11
Up to the discretion of the border guard...That's funny! Eh, this is the US, not Mexico. All gov't employees follow the rules. Even if they can't tell you why the rule exists.
That's not how it works. Entry is up to the discretion of the CBP officer. All rules are not set in stone. If you think they are, then please tell me how many days per year a foreigner can spend in the US on the VWP?
12
There are some rules that clearly specify people in situation X CAN'T enter, and that don't give border officers discretion to waive that rule. I would expect such rules to be enforced (though no human rule is followed perfectly). Assuming that there's no other rule to consider, that means that people in situation NOT-X generally CAN enter, but border officers would have discretion to deny entry anyway.13
please tell me how many days per year a foreigner can spend in the US on the VWP?
This is an example of an area where there is no fixed rule, only guidelines and the official can use discretion. It's up to the official to make the call as to whether someone seems to be coming to the US suspiciously often. Another discretionary area is "sufficient funds."
14
All rules are not set in stone. If you think they are, then please tell me how many days per year a foreigner can spend in the US on the VWP?
By rule, a VWP-eligible foreigner can legally spend 365 days a year (or 366 days in leap years) in the US, so long as they adequately meet the conditions of the VWP and the border officials choose to allow them entry.This is because, by rule, there is no limit to the number of total days allowed, nor a limit to the number of times entry is permitted. The only limit is the 90 days per entry.
