Another VWP question for US travel

[ADLdude]

I am Australian travelling to Canada in September. I will be living and working with a 12 month Working Holiday Visa. At the end of my 12 months in Canada I would like to enter the US for a holiday under the Visa Waiver Program before flying back home.
I am flying to Vancouver from Brisbane with a 2 hour change at Los Angeles.
My question is: When I arrive in at LA airport will my 90 day VWP time limit begin from then? Meaning I cannot enter the US from Canada a year later?
I've read one of the conditions of the VWP is that after 90 days you must leave the US, Canada, Mexico and any adjacent islands.
It seems absolutely ridiculous that I won't be able to use my 12 month Canadian Visa all because of two hours in an American airport!

 

[aybee]

Not sure if the rules have changed, but in the old days, going to Canada with a stop in HNL on the way through, you would get the gate staff to collect the I-94 form at the time of boarding the flight to Canada. All you had to do was tell them you are not coming back to the U.S. within 90 days. This was then entered into the DoHS systems showing you had left the USA. Never had a problem.

If the rules have changed, outline your situation and get a visa or waiver from the U.S. or if you haven't paid for your flights yet get a flight directly into Canada as another option.

 

[winetraveller]

I am Australian travelling to Canada in September. I will be living and working with a 12 month Working Holiday Visa. At the end of my 12 months in Canada I would like to enter the US for a holiday under the Visa Waiver Program before flying back home.
I am flying to Vancouver from Brisbane with a 2 hour change at Los Angeles.
My question is: When I arrive in at LA airport will my 90 day VWP time limit begin from then? Meaning I cannot enter the US from Canada a year later?
I've read one of the conditions of the VWP is that after 90 days you must leave the US, Canada, Mexico and any adjacent islands.
It seems absolutely ridiculous that I won't be able to use my 12 month Canadian Visa all because of two hours in an American airport!

If you re enter the US you are simply going to apply for the I-94 again, so if you've been in Canada for more than nine months, they are just going to give you a new one when you re enter.

I recall also that if you are there under 8 hours it's technically a transit visa.

Last year I came and went many times under the VWP, and simply renewed every time I arrived.

 

[mm472]

Hi All,

I know very little about this, BUT

Take a look here,

Oz holiday girl thrown into US detention - Top Stories - Australian News Message Boards

This was on the news last night, and there are some more stories floating around the web about it.

Basically, this lady had a 12 month working holiday Visa for the USA,

She left OZ and went to Canada first, BUT stopped (for transit only it appears) in Hawaii then on to Canada.

Some time later (a number of months) she enters the USA , no problems, but with out her knowledge she has only a few days maybee weeks left on visa, due to her "transiting" in Hawaii.

Next thing she knows, she is arrested and thrown into a Detention centre !!


anyhow, like i said , i am no expert.... but i would be making 110% sure before i left OZ

MM

 

[ADLdude]

This girl is the reason why I am here asking this question. She is also from Adelaide and I know of her.
My flights are booked already. They can be changed but I'm not sure if it can be done, because it is an 'Around the World' ticket. Meaning that I cannot backtrack, I need to travel east from Australia. Not many airlines fly to Vancouver this way without stopping in LA, even if I go via Auckland. I only have limited airlines to choose from under this ticket arrangement.
I am not sure but I thought that I need to return my I-94 when leaving North America and it's adjacing islands. So, to me it sounds like, if I go to Canada for a year and then try to enter the US, I won't be issued another I-94 because I would have breached the conditions of the original I-94 when I was transitting in LA. I will then be arrested and thrown in jail like this poor girl.
I am currently working with the travel agent to see if I can get to Vancouver without daring to enter 'the fortress'.
Thanks everone for your help.

 

[Mal]

From what I read (and I'm no expert in VWP - check your own facts carefully), you can leave the US and go to Canada on a working visa etc - but you must return your I94W stub if you don't intend on coming back to the US within the validity period of your 194W.

"It is the applicant’s responsibility to make sure the transportation carriers collect the applicant’s departure portion of the Form I-94W. If an applicant departs the United States by way of land through Canada or Mexico, it is the applicant’s responsibility to return the departure portion of the Form I-94W to CBP prior to his/her departure."

Visa Waiver Program Applicant Responsibilities - CBP.gov

In this way, you have not overstayed the 90 days in the US under the waiver scheme, and should be able to reapply on the 2nd entry back into the US.

 

[coco50]

Check this all very carefully. There was a story on last night's TV news - either 10 or 7 about a woman who had flown to Canada with an in transit stopover in HNL. Spent considerable time in Canada and then went to the US. She was arrested and detained in some Immigration Detention Facility in New Mexico and treated pretty shabbily including not being able to contact anyone outside the facility.. She has to face court next week. Apparently the 90 day clock started ticking when she stopped over in HNL.

 

[drron]

The girl in question did not get another I94 form on reentering LOFTAP and didnt know to ask.Now you know to ask.
After August you will be able to register on line and next year have to register on line which takes the place of the I94.It is said the registration will be valid for 2 years.

 

[Travel Guru]

Are you on the Lufthansa Fare?

TG

 

[aybee]

If you re enter the US you are simply going to apply for the I-94 again, so if you've been in Canada for more than nine months, they are just going to give you a new one when you re enter.
Last year I came and went many times under the VWP, and simply renewed every time I arrived.

Mirrors my experiences exactly. As long as you hand it in on leaving (if not coming back within 90 days) it's never been a problem for me.
Conversely, I've sometimes had to fight to keep it in my passport when I know I'll be back within the 90 days!

 

[simongr]

Hmm - this makes me wonder. I have a holiday to NYC in mid July and then returning to NY in early Sep on businss. Just wondering if there are any benefits to returning so - maybe save a passport stamp (passport is getting rather full)...

 

[NM]

Hmm - this makes me wonder. I have a holiday to NYC in mid July and then returning to NY in early Sep on businss. Just wondering if there are any benefits to returning so - maybe save a passport stamp (passport is getting rather full)...

If you are leaving the US and its adjacent territories, you do need to return the I94W stub when departing and then reapply for a new I94W Visa Waiver on your next visit. Just imagine the headaches you could face if your return trip was cancelled or delayed beyond the 90 days!

A few years back I was travelling very regularly to the USA (at least once a month for a 2 week stay every month for about 9 months). My passport shows US entry stamps under the VWP for each entry and the validity of using VWP was never in doubt.

The issue in this thread is for people entering the USA under the VWP and then leaving for Canada. If intending to return to the USA (and again depart the USA) within the 90 days validity period, you do not return the I94W stub when leaving for Canada and can re-enter the USA on the same waiver. However, if not returning to the USA in the 90 days, then you must return the I94W stub when departing the USA.

The reason for the Canada/Mexico exception to the process is to stop people getting close to their 90 days validity just popping over the boarder and reapplying for a new I94W and effectively getting another 90 days validity.

I strongly recommend the OP contact the USA Consulate and ask for guidance on how to proceed, and keep a copy of the correspondence received. I expect the direction will be to ensure the I94W stub is return to the airline staff when boarding the flight from USA to Canada, but its not worth taking any risks when it comes to USA immigration regulations.