Visa Waiver Program - stopping the 90 day clock starting in transit

[Harsh_77 718]

When you enter on any flight into LAX from Australia, they make you go through Immigration and Customs, even if you are just connecting to Canada

When transsiting one does not got thru Immigration or customs, their bag would not be even bhought up to customs, they are transfered on the ground itself.

What your friend did was enter US and than connected for flight to Canada. So when he entered US his 90 day clock started.

[Harsh_77 718]

So basically you enter the US just as a transit to go to canada and even once you are OUT they keep counting your VWP down?? Transit is what it is, you stay there for less than a day, why would they keep counting his VWP down if he left on the same day he arrived??

Well i am not concerned by any of this anymore but i am just curious. The more i read the more i am amazed at how stupid the system can be.

Yeah this is hilarious !

System is not stupid ppl are using it without completely knowing or understanding the system.

If you are just in transit (not allowed to leave certain area of the airport) than no visa is required and no immigration is ever done.

Op's friend did was they entered US and than connected to their flight.

[loladolly 51]

System is not stupid ppl are using it without completely knowing or understanding the system.

If you are just in transit (not allowed to leave certain area of the airport) than no visa is required and no immigration is ever done.

Op's friend did was they entered US and than connected to their flight.

Yeah so they left the US once they went on their flight? So why would the 90 days not reset? Especially if he/she stayed for only a day!

[aaron2020 11,651]

Yeah so they left the US once they went on their flight? So why would the 90 days not reset? Especially if he/she stayed for only a day!

It doesn't reset because that is the law. While you may think the law is stupid, it is still the law that the CBP must enforce.

When the law saids it does not reset, then that is it.

What would you suggest they do to comply with US laws? Ignoring it because you don't like it is not an option.

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The rules for using the VWP is available online. It is the responsibility of the travelers to make sure their travels comply with the requirements of the countries they will be in. The rules about the 90 days are available to anyone who looks for them. Unfortunately, most people from first world countries think they can travel freely internationally (which is not true) and never bother to look up the VWP rules.

Edited July 15, 2013 by aaron2020

[Harsh_77 718]

Yeah so they left the US once they went on their flight? So why would the 90 days not reset? Especially if he/she stayed for only a day!

Coz they made entry into the US thats when the clock starts but the clock does not stop when one goes to Canada, Mexico or I believe US Virgin Islands.

This law is there to stop ppl from misusing VWP.

Had your friend directly done a transit (actual transit without actually entering the US) they would not have had any problem, their clock would not have started.

[loladolly 51]

It doesn't reset because that is the law. While you may think the law is stupid, it is still the law that the CBP must enforce.

When the law saids it does not reset, then that is it.

What would you suggest they do to comply with US laws? Ignoring it because you don't like it is not an option.

------

The rules for using the VWP is available online. It is the responsibility of the travelers to make sure their travels comply with the requirements of the countries they will be in. The rules about the 90 days are available to anyone who looks for them. Unfortunately, most people from first world countries think they can travel freely internationally (which is not true) and never bother to look up the VWP rules.

As usual on this forum things are taken out of context. Where did i say i would ignore it because i didn't like it?? It is what it is but everyone has the right to give its/her opinion on it ! Am i the only one seeing something weird here? I mean how fair is it to not stop the 90 days count while they didn't stay in the US and were in a different country?? Anyway i am no longer concerned with that but i wanted to point out that unfair flaw.

And yeah, for 1st world countries they can go to a bunch of places without needing a visa. That's how it is sorry.

Coz they made entry into the US thats when the clock starts but the clock does not stop when one goes to Canada, Mexico or I believe US Virgin Islands.

This law is there to stop ppl from misusing VWP.

Had your friend directly done a transit (actual transit without actually entering the US) they would not have had any problem, their clock would not have started.

What an awesome thing. You stay one day or 2 to the US and then goes somewhere else but you are still in the US. I wonder how that was working at the time they were using the paper I94, that you hand back whenever you leave.

[Harsh_77 718]

As usual on this forum things are taken out of context. Where did i say i would ignore it because i didn't like it?? It is what it is but everyone has the right to give its/her opinion on it ! Am i the only one seeing something weird here? I mean how fair is it to not stop the 90 days count while they didn't stay in the US and were in a different country?? Anyway i am no longer concerned with that but i wanted to point out that unfair flaw.

And yeah, for 1st world countries they can go to a bunch of places without needing a visa. That's how it is sorry.

You got to understand laws are not made to meet individual needs, the law is there are from ppl abusing VWP.

That law is there so the ppl who are using VWP cannot stay in the country other than time they are allowed to.

I am thinking in your case your friend messed up they should had not entered the US and done the immigration.

[aaron2020 11,651]

As usual on this forum things are taken out of context. Where did i say i would ignore it because i didn't like it?? It is what it is but everyone has the right to give its/her opinion on it ! Am i the only one seeing something weird here? I mean how fair is it to not stop the 90 days count while they didn't stay in the US and were in a different country?? Anyway i am no longer concerned with that but i wanted to point out that unfair flaw.

And yeah, for 1st world countries they can go to a bunch of places without needing a visa. That's how it is sorry.

What an awesome thing. You stay one day or 2 to the US and then goes somewhere else but you are still in the US. I wonder how that was working at the time they were using the paper I94, that you hand back whenever you leave.

Transiting through an airport and clearing customs are two very different things; ask Eric Snowden. You don't seem to get that. If the OP's friends had merely transited through LAX, then they wouldn't have a problem. By poorly planning their trip which required them to go through customs and catch their next flight to Canada, they triggered the start of their 90 days. The failure to understand the rules is their fault.

No need to be sorry. As a US citizen, I enjoy the privilege of not needing a visa to visit many places. However, I understand that those are sovereign countries with their own immigration rules which I must respect and navigate around. It's pure arrogance to think that as a citizen of a first world country that I can stroll through Austrialian or UK customs without any problems and enter and exit at will. I fully understand that they have their own rules which may not make sense to me.

[Noel194 53]

THere is no Transit Without Visa in the USA anymore. ANyone transiting must have a Transit Visa or be on the VWP. The rules are very clear if they enter the USA more than 90 days after the first entry on the VWP without resetting the clock by going to a country other than Canada, Mexixo or Carribean Islands they will be Denied entry. You are confusing the USA with Russia and other countries that do allow this practice. There is no mechanism for them to arrive at LAX at not go through passport control on there way to their connecting flight. Every person who exits a plane that did not originate in the USA or territories MUST go through Customs and Immigration in the USA no exceptions. Yes the practical reality is they will be denied entry and escorted to the connecting flight but now they are ineligible to use the VWP in the future and must apply for a B2 visa.

[CC90 90]

This is a rule that was created because people abused the system. People would arrive on the VWP stay 89 days go to Canada or Mexico for a few days and then return and get another 90 days. This is not the intent of the VWP so the rules had to change to stop this. Don't blaim the Government blaim all the people who cannot follow the rules.

It counts your VWP down, but there's no way you can overstay while being out of the US. It doesn't work that way.

CBP has discretion to give how ever many days they want up to 90. Worst case is that they will be admitted for 1 day and/or taken to the plane. They won't be denied entry.

You're reading this too literally and don't seem to know anyone that's been through this recently.

CBP can interpret what is "abuse" of the VWP. What they're doing is clearly not abuse.

[Noel194 53]

It counts your VWP down, but there's no way you can overstay while being out of the US. It doesn't work that way.

CBP has discretion to give how ever many days they want up to 90. Worst case is that they will be admitted for 1 day and/or taken to the plane. They won't be denied entry.

You're reading this too literally and don't seem to know anyone that's been through this recently.

CBP can interpret what is "abuse" of the VWP. What they're doing is clearly not abuse.

I just saw someone turned away yesterday at Dulles for this exact reason on a flight back from Mexico. But you know what if it makes you feel better to think that it is OK you are right. OP if you don't want your friends parents to be admissable on the VWP in the future I would advise them to change there travel plans.