Visa question

OPer: Coincidentally I had lunch with my travel coordinator today. She's assumes you're on AC 034. She's 90% sure that as long as you're booked straight through to Vancouver you do not leave the aircraft in Honolulu, therefore US Immigration and Customs is not a concern. The 1.5 hour stop is only to refuel and to discharge the Honolulu passengers and take-on new Vancouver passengers. She says you're very lucky because many of the Australian flights clear US Immigration/Customs in Honolulu or Los Angeles, in which case you'd be screwed.

Like all pros though, she covered her butt by insisting that you confirm this info yourself...

Cheers,
Terry

Hi terry,

Thanks for you're reply again, you're right about my flight number, this sounds promising, i am booked straight through to vancouver, i'll try and check with the travel agent.

I also got this info from my cross posting in the US branch - apparently it may not matter about the actual booked exit date of the airfare from canada, just that you have a onward airfare (outside the US/canada/mexico) with a 1 year validity date. I can possibly just say i have an airfare with a 1 year validity and that i will book (or rebook) when i'm ready to leave (but within the 90 day VWP limit).

Drew.

I just checked the e-ticket the agent sent me and it dosen't even list honolulu. Honolulu is shown on a seperate intinery the agent has given me, but not the actual ticket. Maybe you don't even get off the plane.

In regards to my previous post does anyone know if you have to prove that you have a ticket with onward flight date of within the 90 days allowed with the VWP or just an onward ticket?

Drew.

There is I believe one flight a day which is transit only in Honolulu. The others you have to get off and get on again as described, even though it's the same plane. Don't know if it's your flight. If there's passengers leaving and joining, then probably not.

The validity of your ticket is a bit of a red herring. You may get to Canada but are still breaking the rules if you stay more than 90 days and could well face problems on a future visit/transit in the US as you will be flagged as an overstayer.

Good point #14 i hadn't thought of that, but what happens if i go to canada then enter the US via a land border again? From what i've read on here they view entry via land borders a bit differently - EG: what if after the 90 days i drive from vancouver to seattle? From what i've read on here they would probably consider me a canadian resident as i'm living and working in canada and just reissue the visa.

Does this sound right?

Drew.

The rules for the US have changed a lot in the last few years. Canadians only needed id to cross. Now we need a passport for entry if flying and next year for land entries too. Even though a passport is not required right now for a land crossing, those without a passport get a lot of questioning. You will need to show your passport and the rules applicable for Australians will apply.
Even though you are working in Canada, entry to the US is about Citizenship.
reference: www.dhs.gov/xtrvlsec/programs/content_multi_image_0006.shtm

#15
That could work - but then again it might not.

One scenario is that you are by that time you will be (on paper) an overstayer so could be refused re-admission to the US. To reduce the risk of this make sure you give up your visa waiver stub when you leave Honolulu on that first flight.

Another is that you will be OK. They won't 'reissue the visa' as you don't have one to reissue. But they may readmit you under the visa waiver scheme for a second visit.

All very unsatisfactory - it depends on interpretation of the rules (which are a little grey, but basically against you) in your favour.

From the US Consular Services, Australia
" I am transiting through the U.S. on my way to another country. Can I use VWP?
Yes, as long as your total stay in the U.S., Canada, Mexico and adjacent islands is less than 90 days, and you meet the other VWP requirements. You can use the VWP if, for instance, you are transiting the U.S. on a journey between Australia and Europe, or are transiting Guam between Australia and Japan.

However if for example you are transiting the U.S. on the way to a 6 month stay in Canada, you cannot use the VWP, as your total time in the U.S., Canada, Mexico and the adjacent islands will be over 90 days. In this case you should apply for a B-1/B-2 visitor visa, or a transit visa."

I highly recommend you call them and get the information you need directly from the source. If you are refused entry at point of entry, it will mess you up for all future travels to the US.

Good Luck

"... I highly recommend you call them and get the information you need directly from the source..."

Not sure why you posted #18. The OPer is aware of all this info, right from the beginning of the thread. It's because he is properly informed that he posted in the first place - a rarity on this forum when it comes to Visa queries...

Cheers,
Terry

With reference to #17, From my experience, if you arrive in the US you qualify for the VWP. They staple your green 90 day visa into your passport and you can enter and exit multiple times within the life of that visa. The problem, as I found out last week, is when you have an expired VWP entry visa still in your passport and try to re-enter the US. This causes difficulties for the borderguards, as youre supposed to hand in your VWP entry visa when you exit permanently. The fact id arrived from Quebec, travelling with 3 other members of my immediate family, all in posession of temporary Canadian residence visas (business visa for myself) in an Ontario registered car in my name, meant little to them. They were suspicious that id overstayed my visa, and had simply re-entered Canada on my business visa (no stamps in passport, just a stapled visa) and turned around to re-enter the US. At one stage they asked to see evidence of where id been for the last 2 months since the visa expiration date. They asked for hotel booking confirmation, which I had, asked to see evidence of my employment in Canada, which I didnt have, and asked me if I could produce anything to substantiate my situation. Further scrutiny of my Canadian business visa confirmed to them I was on a defence contract with the Canadian Airforce, and I supplied them with my employers number (holiday here last Fridayweek), so even that was no good to them. They eventually let me through after I fell into a conversation with one of them whose son has just been deployed to Afghanistan (so has my brother). Very unsettling. Their advice to me was to hand in my VWP near to or at the end of the 90 day period. Thats what I suggest you do, to save the hassle of entering the US in the future.
All my work colleagues travel with air Canada, montreal-vancouver-honolulu-sydney, and all say they have to clear US customs in Honolulu. As others have said, if you strike the border gods on a bad day, expect the worse.
Hope this helps, cheers, Andy...