Entering USA as a Canadian PR on an ESTA with a one way flight to enter Canada through a port of entry
so I’m currently an Australia citizen & Canadian permanent resident. I currently do not hold my PR for Canada and on the advise of my lawyer will be entering Canada through the United States at a port of entry. When I arrive in the US, I am visiting friends in Phoenix for 1 month before I head to the Canadian border. I am entering the US on an ESTA from Australia through the VWP on a one way ticket. Will I be okay in this case since I have proof I am permanently leaving the US to Canada since I don’t have a return flight? It’s justtt too late for me to get a B2 visa since I leave in a week. Thank you!
Best Answer
Officially one of the requirements to enter the US using the Visa Waiver Program is that you are "in possession of a round-trip transportation ticket". This previous answer includes links to the specific legislation that covers this requirements and includes further details on the exact requirements.
Given your specific circumstances it's likely that US immigration would allow your entry, however your issue will not be with US immigration, but with your airline.
Enforcement of the "return ticket" requirement is carried out by the airline that carries you to the US. They have a legal obligation to confirm that you meet certain criteria before they are allowed let you board the flight - and a return ticket is one of those conditions.
Realistically I don't believe anyone other than possibly the airline will be able to give you a definitive answer as to whether they will allow you board the flight to the US. By the letter of the law, it's a clear-cut 'no', however it's possible they will make an exception based on your Canadian PR - but officially doing so leaves them open to being fined by the US Government for allowing you board a flight without meeting the VWP requirements.
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Can I enter the US from Canada with an ESTA?
You cannot use your ESTA to enter Canada.Can you cross land border with ESTA?
If you have an approved ESTA when entering the United States at a land border crossing, you will not be required to complete the paper I-94W form, and your entry process is expedited. If you are coming to the United States by air or sea, you DO have to apply for ESTA.Can Canadian permanent residents travel to USA without visa?
Permanent residents (landed immigrants) of Canada must have a nonimmigrant visa unless the permanent resident is a national of a country that participates in the Visa Waiver Program (VWP), meets the VWP requirements, and is seeking to enter the United States for 90 days or less under that program.Do I need an ESTA to cross land border?
Visitors to the US who intend to enter the country by land must get a valid ESTA before arrival. Travelers are advised to request their travel authorization at least 72 hours before departure, in case of delays.The Places Where Sneaking Over the US-Canada Border is Legal
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