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Travelling to Canada through USA. Able to stay longer than 90 days?

tr001

Full Member
Dec 10, 2012
34
0
Category........
Visa Office......
CPP-O
NOC Code......
2271
Job Offer........
Pre-Assessed..
App. Filed.......
15-10-2013
AOR Received.
24-11-2013
VISA ISSUED...
27-06-2014
LANDED..........
08-07-2014
Dear forum members,

a friend of mine is visiting Canada from Europe. He has an ESTA for the USA. He arrived in Seattle under the VWP (Visa Waiver Program) with ESTA and then continued on land and crossed the border to Canada a few days later. When he entered Canada his passport was stamped and he is allowed to stay for 180 days as a tourist.

Originally the plan was:
- drive back to Seattle and fly to Europe within 90 days of the original arrival date in Seattle.

Now plans have changed:
- He would like to travel Canada a bit longer and is planning a flight directly from Canada to Europe. That flight would be well within the 180 days of arrival in Canada but past 90 days of arrival in the US.

We couldn't find anything online if he could get in trouble for 'overstaying' his 90 days that originally started when he entered the US. There is tons of discussions that travelling to Canada does not reset the 90 day counter, but in his case he doesn't go back to the USA and instead fly directly from Canada to Europe.

Thank you very much in advance for any help and we would really appreciate references to any official sources.

Thank you!
 

bellaluna

VIP Member
May 23, 2014
7,373
1,764
He has already physically departed the US, right? He crossed a country border. He is in Canada. That’s the answer right there.

You’re overthinking this. By this point, his departure from the US is recorded.

There’s a reason you can’t find anything online, because you don’t have to think about it.
 
Last edited:

tr001

Full Member
Dec 10, 2012
34
0
Category........
Visa Office......
CPP-O
NOC Code......
2271
Job Offer........
Pre-Assessed..
App. Filed.......
15-10-2013
AOR Received.
24-11-2013
VISA ISSUED...
27-06-2014
LANDED..........
08-07-2014
Thank you for your very fast reply bellaluna!

He is only concerned because the airline didn't allow another person on the flight to board who apparently didn't have a return flight booked from the USA and wanted to travel Canada afterwards. (I forgot to mention that in my message.)

My friends plans would put him in the same situation and we wanted to make sure that we don't miss anything.

Thank you!
 

bellaluna

VIP Member
May 23, 2014
7,373
1,764
Thank you for your very fast reply bellaluna!

He is only concerned because the airline didn't allow another person on the flight to board who apparently didn't have a return flight booked from the USA and wanted to travel Canada afterwards. (I forgot to mention that in my message.)

My friends plans would put him in the same situation and we wanted to make sure that we don't miss anything.

Thank you!
Isn’t he already in Canada? After departing the US? The return flight from the US is a moot point then. Why is he worrying about someone else’s case? Sounds like the airline was profiling in that case.

Airlines would just want to see a flight exiting the US prior to boarding so that they’re not saddled with the cost of returning the traveller home if he is denied entry. It’s more of a business decision than an immigration enforcement one.