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Old Jun 2, 2011 | 4:22 pm
  #1  
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ESTA question

Recently flew to Seattle from LHR on the ESTA scheme, got stamped for 90 days at Seattle airport, stayed there for a few days, then caught train to Vancouver and spent about 10 days in Canada and flew home from Montreal.

Question. You used to get the green form stapled to your passport, but that seems not to happen now. How does the US immigration system know I have left and am not going to be flagged up as overstaying?
Do I have to do anything?
Or will my departure from Montreal be flagged up as leaving the US?
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Old Jun 2, 2011 | 11:36 pm
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Originally Posted by neilm31
Recently flew to Seattle from LHR on the ESTA scheme, got stamped for 90 days at Seattle airport, stayed there for a few days, then caught train to Vancouver and spent about 10 days in Canada and flew home from Montreal.

Question. You used to get the green form stapled to your passport, but that seems not to happen now. How does the US immigration system know I have left and am not going to be flagged up as overstaying?
Do I have to do anything?
Or will my departure from Montreal be flagged up as leaving the US?
The system should know you have left - one assumes the airlines are passing this to the US Government.
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Old Jun 2, 2011 | 11:59 pm
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Originally Posted by Markie
The system should know you have left - one assumes the airlines are passing this to the US Government.
He took the train to Vancouver though, he didn't fly SEA - YVR. Don't see how the airline would have passed his departure to CBP/DHS.

Does Amtrak/Via Rail keep track of this information?
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Old Jun 3, 2011 | 12:00 am
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Originally Posted by Jebby_ca
He took the train to Vancouver though, he didn't fly SEA - YVR. Don't see how the airline would have passed his departure to CBP/DHS.

Does Amtrak/Via Rail keep track of this information?
I guess it depends whether they swipe his passport!
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Old Jun 3, 2011 | 12:50 am
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Originally Posted by Markie
I guess it depends whether they swipe his passport!
No, passport was looked at before boarding train at Seattle by Amtrak staff, but no American immigration presence, and then on arrival at Vancouver just Canadian immigration.
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Old Jun 3, 2011 | 1:07 am
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You could have trouble with the Americans the next time you try to visit, as they may not have a record of your departure. However, you situation is not at all uncommon and they are ways to deal with it?

Did you get a stamp on your passport, with a legible entry date, by the Canadians in Vancouver? Will you have other stamps from other countries dated within 90 days of your US entry? That will be pretty convincing evidence that you did not overstay your US visit, should it ever be questioned. Just in case, keep boarding pass of your YUL-LHR flight, as further evidence.
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Old Jun 3, 2011 | 3:32 am
  #7  
Ari
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Originally Posted by neilm31
Recently flew to Seattle from LHR on the ESTA scheme, got stamped for 90 days at Seattle airport, stayed there for a few days, then caught train to Vancouver and spent about 10 days in Canada and flew home from Montreal.
You should always keep your airline stub in these cases.

Originally Posted by neilm31
Question. You used to get the green form stapled to your passport, but that seems not to happen now. How does the US immigration system know I have left and am not going to be flagged up as overstaying?
Do I have to do anything?
Or will my departure from Montreal be flagged up as leaving the US?
This is not an uncommon situation:

If you do not validate your timely departure from the United States, or, if you cannot reasonably prove you departed within the time frame given to you when you entered, the next time you apply for admission to the U.S., Customs and Border Protection (CBP) may conclude you remained in the U.S. beyond your authorized stay. If this happens, your visa may be subject to cancellation or you may be returned immediately to your foreign point of origin.

Under the Visa Waiver Program (VWP), visitors who remain beyond their permitted stay in the United States cannot reenter the U.S. in the future without obtaining a visa from a U.S. Consulate. So if you are a Visa Waiver Program visitor who traveled by land to either Canada or Mexico for an onward flight, it is particularly important for you to register your timely departure if your green I-94W was not taken when you exited the U.S. If you fail to do so and you arrive at a U.S. port of entry seeking admission under the Visa Waiver Program without a visa, CBP Officers may order your immediate return to a foreign point of origin.
https://help.cbp.gov/app/answers/det...id/752/kw/i-94

Leaving the US through Canada/Mexico under the new system is essentially the same as retaining your paper I-94(-W) under the old system. You should send a photocopy of your YULLHR boarding pass stub and passport photo page to the following address and include a short note explaining your departure:

DHS - CBP SBU
1084 South Laurel Road
London, KY 40744

If you are missing your boarding pass stub for that flight, the stamps Canada or the UK stamped your passport upon your respective entries to those countries can be used as evidence you left the States. Otherwise, the linked page lists other evidence that can be used. In any event, you should still have this evidence handy during your next entry to the States just to be safe.

The US and Canada may now have some sort of data-sharing scheme and that makes this no longer necessary, but I'd follow the steps above just to be safe-- it should take no more than 10 minutes to make copies and put a letter in the mail, and that could expedite your furure entries to the States.

Last edited by Ari; Jun 3, 2011 at 3:39 am
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Old Jun 3, 2011 | 5:35 pm
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Originally Posted by Ari
You should always keep your airline stub in these cases.



This is not an uncommon situation:



https://help.cbp.gov/app/answers/det...id/752/kw/i-94

Leaving the US through Canada/Mexico under the new system is essentially the same as retaining your paper I-94(-W) under the old system. You should send a photocopy of your YULLHR boarding pass stub and passport photo page to the following address and include a short note explaining your departure:

DHS - CBP SBU
1084 South Laurel Road
London, KY 40744

If you are missing your boarding pass stub for that flight, the stamps Canada or the UK stamped your passport upon your respective entries to those countries can be used as evidence you left the States. Otherwise, the linked page lists other evidence that can be used. In any event, you should still have this evidence handy during your next entry to the States just to be safe.

The US and Canada may now have some sort of data-sharing scheme and that makes this no longer necessary, but I'd follow the steps above just to be safe-- it should take no more than 10 minutes to make copies and put a letter in the mail, and that could expedite your furure entries to the States.
Ok, thank you very much, that seems to be the best way to go.
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