Transit in US after overstay

[WeGuyGal 1,052]

51 minutes ago, WeGuyGal said:

Is a US transit visa required if an airline flies through US airspace (not landing in the US) enroute to Caribbean/Latin America? 

My question was specific to US airspace.

The more I think, I realize I confused something. I think the US asks for a flight manifest (pax) of all aircraft traversing US airspace, not visas. 

[SusieQQQ 11,587]

2 minutes ago, WeGuyGal said:

My question was specific to US airspace.

The more I think, I realize I confused something. I think the US asks for a flight manifest (pax) of all aircraft traversing US airspace, not visas. 

No, they can’t require a visa for that. Apart from anything else, many people only discover they are overflying particular countries once they are enroute, and weather may change plans - I’ve been on a couple of flights that took unplanned longer routes over Canada for example. 

They may be able to demand one for direct flights landing here to refuel or pick up more passengers even if no one departs the plane - I believe a C visa is required for a similar situation on a ship - but I don’t know for sure.

i wasn't aware of them asking for a passenger manifest for all overflights.

[TNJ17 1,329]

There’s a very slim chance of you getting a transit visa or any visa (unless it’s an immigrant visa) to the US ever in my opinion, so you’re better off finding a different flight. 

[WeGuyGal 1,052]

34 minutes ago, SusieQQQ said:

No, they can’t require a visa for that. Apart from anything else, many people only discover they are overflying particular countries once they are enroute, and weather may change plans - I’ve been on a couple of flights that took unplanned longer routes over Canada for example. 

They may be able to demand one for direct flights landing here to refuel or pick up more passengers even if no one departs the plane - I believe a C visa is required for a similar situation on a ship - but I don’t know for sure.

i wasn't aware of them asking for a passenger manifest for all overflights.

This is not an official US govt site, but

 

https://www.tripadvisor.com/ShowTopic-g1-i10702-k11118148-US_Visa_to_fly_OVER_the_country-Air_Travel.html

Quote "I know that flights crossing US airspace need to provide API, and I know that a red flag could pop up on a traveller because they have the same name as an individual on the no-fly list, or (more likely) have had an issue in the past with US Immigration - but has anyone ever heard about a blanket requirement that citizens from countries that require an US visa to enter the States, also need one to merely use their airspace?"

And replies 7-10

[SusieQQQ 11,587]

17 minutes ago, WeGuyGal said:

This is not an official US govt site, but

 

https://www.tripadvisor.com/ShowTopic-g1-i10702-k11118148-US_Visa_to_fly_OVER_the_country-Air_Travel.html

Quote "I know that flights crossing US airspace need to provide API, and I know that a red flag could pop up on a traveller because they have the same name as an individual on the no-fly list, or (more likely) have had an issue in the past with US Immigration - but has anyone ever heard about a blanket requirement that citizens from countries that require an US visa to enter the States, also need one to merely use their airspace?"

And replies 7-10

Well that first post reminds me that I did actually know someone (South African too as it happens!) who did a Canada-Mexico flight and did not need a visa for the US. 

 

I can understand them getting nervous about someone on the no-fly list going over because that’s a terrorism issue, and we know what they do to planes, but that’s a totally different scenario to an immigration violators imo.

Edited August 31, 2018 by SusieQQQ

[WeGuyGal 1,052]

38 minutes ago, SusieQQQ said:

Well that first post reminds me that I did actually know someone (South African too as it happens!) who did a Canada-Mexico flight and did not need a visa for the US. 

 

I can understand them getting nervous about someone on the no-fly list going over because that’s a terrorism issue, and we know what they do to planes, but that’s a totally different scenario to an immigration violators imo.

Agreed

 

I did post that I confused the two. 

[Sarah&Facundo 599]

They won't let you even board the flight without a valid US visa. We don't have a transit area like most other countries. Definitely get a different flight.

[Jeanne Adil 1,651]

https://travel.state.gov/content/travel/en/us-visas/other-visa-categories/transit.html

 

this will tell u about the C1 and how to apply

[tamcloud 92]

Something else to keep in mind - they have pre-clearance for U.S. Customs, so you'd also need that visa to leave Bermuda or risk having to change to an outbound flight that doesn't transit the U.S.  Bermudians with U.S. bans aren't even allowed to transit the U.S to Canada without a transit visa, and they're not commonly issued there. 

Edited August 31, 2018 by tamcloud

[SusieQQQ 11,587]

1 hour ago, tamcloud said:

Something else to keep in mind - they have pre-clearance for U.S. Customs, so you'd also need that visa to leave Bermuda or risk having to change to an outbound flight that doesn't transit the U.S.  Bermudians with U.S. bans aren't even allowed to transit the U.S to Canada without a transit visa, and they're not commonly issued there. 

Even without pre-clearance, OP would not be allowed to board without a visa.

[MacUK 983]

On 8/31/2018 at 3:14 PM, WeGuyGal said:

Is a US transit visa required if an airline flies through US airspace (not landing in the US) enroute to Caribbean/Latin America? 

No, I flew from U.K. to Mexico a couple of years ago and the flight path took us straight over the U.S. from Chicago through to New Mexico.

I am ineligible for VWP and have no B2 visa.

I supplied all the API details before the flight and everything was fine.

 

My only worry was if the flight had any problems and needed to stop at any airport in the U.S., dunno what would have happened with that.