Canadian citizen traveling to USA on British Passport using ESTA
I'm traveling to the United States at the end of February to visit friends & family. I'm a Canadian citizen, however I do not have a Canadian Passport and will be traveling using my British Passport using ESTA. I spent 21 days in the USA in 2014 & 90 days in 2015 (1 short Trip, 1 long trip).
I'm only asking, because in my previous trip I tried to stay for 2 and a half months and the Border Officer pulled me aside. He went through my bags and looked at my travel history. He requested that I shorten my trip as my current trip would put me over 90 days in total (he counted my previous trip of about 25 days). That being said, when I asked about 90 day "reset" per trip, he said that rule didn't exist and it was 90 days per year.
Everything I've read online about the Visa Waiver Program contradicts what the officer said.
How do I protect myself when I visit again for 2 weeks at the end of Feb? Should I bring bank statements, letter of employment, etc?
https://travel.state.gov/content/visas/en/visit/visa-waiver-program.html
"Citizens of VWP countries* who reside in Mexico, Canada, or a nearby island are generally exempted from the requirement to show onward travel to another country* when entering the United States."
Best Answer
Obligatory mention: An ESTA is just permission to get on a plane. It is the Visa Waiver Program that governs whether you get to enter the US and how long you get to stay.
I've also never heard of a 90 day per year rule for VWP visitors. 90 days per visit is usual. However (as you know) the clock doesn't normally reset for time spent in Canada. To not be caught by that rule you would have to provide evidence of your Canadian residency (I'm not sure if proof of Canadian citizenship would quality, since they are not necessarily the same thing). Canadian citizenship would normally exempt you from the terms of the VWP, but you may have to have a Canadian passport to qualify.
The issue is that VWP is supposed to be for 'short, occasional visits'. The CBP officer may have simply decided that having spent two and a half months in the US already you were trying to live in the US. He is entitled to refuse you entry if he believes that.
My advice: get a Canadian passport. I'm also a dual citizen living in Canada, and the Canadian passport gets you a lot of freedom to enter the US without fingerprinting and other hassle, and it gets you into Britain (and Europe) with as little hassle. The only advantage a UK passport gets you is to go in the fast line at Heathrow, which isn't nearly as useful.
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Does Canadian passport need ESTA for USA?
No, citizens of Canada who are traveling with a Canadian passport do not need an ESTA. I am a Landed Immigrant of Canada? If you are a landed immigrant of Canada and a citizen of a country that participates in the Visa Waiver Program (VWP), and you enter the United States by land, ESTA is not required.Can I enter the US with an ESTA visa?
An approved ESTA allows you to travel to a U.S. port-of-entry (generally an airport) and request permission to enter the United States, but an approved ESTA does not guarantee entry into the United States.Can UK citizens travel to USA ESTA?
British citizens can apply for an ESTA (Electronic System for Travel Authorisation) visa waiver to travel to the United States. The ESTA allows citizens of Great Britain to visit the U.S. for tourism, business, transit, medical and short study purposes without a visa for up to 90 days per visit.Can I travel to US with my ESTA?
ESTA is an automated system that determines the eligibility of visitors to travel to the United States under the Visa Waiver Program (VWP). Authorization via ESTA does not determine whether a traveler is admissible to the United States.Why can't I enter the US on my British Passport without a visa waiver?
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