Aussie traveller detained 3 weeks

[Grant Smith]

Echoooooo echoooooo echooooooo

[David E]

Three years ago I visited the US ,intending to stay for 90 days (as per the Visa Waiver Program). At about day 88 ,I decided to extend my stay for various reasons. I travelled into Canada ,stayed in Thunder Bay Ontario for 3 days and drove back into the US (Nth Minnesota).I expected to be turned around (having an expired visa), at the checkpoint the immigration officer asked the usual questions ,I was honest and told him what I was doing, he looked at my passport, counted (god knows what) on his fingers, handed my passport back and wished me a great stay in the United States.! Three months later at the QF check in desk in LAX ,not a word was said about my overstay and the same at the boarding gate . I haven't been back since - planning a trip Sept 09 though. I guess I was lucky !

[adam c]

You might want to check your circumstances with the US Consulate in Sydney well before you go. Given you over-stayed last time, you might not be eligible for the visa waiver program, and could wind in a world of trouble when you get to the USA...

[David E]

Certainly Adam, I don't want to fork out $'s for airfares/ accommodation etc only to be returned on the next flight ! Before crossing back into Canada, I did contact US Immigration in Milwaukee and their comment to me was "you didn't hear this officially,but ,if you went to Canada and crossed back into the United States your visa is extended for another 3 months". Again, I explained to them how I had arrived in the US on the Visa Waiver program with an Australian passport, it was almost as like they simply didn't understand or care ! Believe me, I will be very careful next visit.

[David Ramsay]

From the US Department of State website regarding the Visa Waiver Programme

Q: 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:

Can identify an authorized period of admission that has not expired,
Plans to depart the United States prior to the expiration date of their period of admission,
Presents valid, unexpired passports which reflect admission to the United States under the VWP, and
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.

[David E]

Hi David,
From all the info I read on line at the time , you cannot stay longer than 90 days from the date that is stamped in your passport on arrival into the US. You can go back and forth to Canada / Mexico/ Caribbean and re enter the US providing you are still within the original 90 days as per the date in your passport. Speaking with US Immigration officials by phone while in the US I was told differently !Won't push my luck like that again.

[Ryan N]

Originally Posted by David E

Hi David,
From all the info I read on line at the time , you cannot stay longer than 90 days from the date that is stamped in your passport on arrival into the US. You can go back and forth to Canada / Mexico/ Caribbean and re enter the US providing you are still within the original 90 days as per the date in your passport. Speaking with US Immigration officials by phone while in the US I was told differently !Won't push my luck like that again.

I was flying from Hong Kong to Toronto last June on CX. We made a refuelling stop in Anchorage. Every passenger had to disembark from the plane, and non Canadian passport holders had their photo and fingerprint taken. Passport details were also entered into the US database, but no stamp was given in the passport. Does that mean my 90 days would not have started at that time, even though I have technically stepped on US soil?