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Old Nov 20, 2018, 12:51 pm
  #16  
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Originally Posted by mh3265a
Who gave her the hard time? Was it US CBP agents or Guam customs agents? I assume CBP agents but it's not clear from your post.
CBP agent

Originally Posted by jsloan

This is entirely consistent with the terms of the visa.


Your friend does not have a valid transit visa, so IATA’s database isn’t at fault. I don’t think border control is making things up, and I doubt it’s a Guam-specific thing; if anything, they’re more lenient there, as they have their own immigration rules with waivers for the CNMI and (I think) some other nearby Micronesian countries. It seems harsh, sure, since an F1 visa has to be more difficult to get than a transit visa, but I understand the officer’s point.


Your friend needs to contact the appropriate US embassy or consulate ASAP and try to get it straightened out. What you’ve suggested is an awful idea, as your friend would be risking the F1 visa and any future admittance into the US. (In addition to risking having UA cancel their itinerary for having two conflicting reservations). It is never a good idea to try to defraud border control.
I understand that full fare GUM-HNL is terrible idea.
The question is here, if I hold a valid visa to enter US, can I enter Guam? if so, then treat this as port of entry, why need onward ticket to mainland?
In this case, it is YAP-GUM-ROR-GUM-HNL-... the final destination is the US. It is like if I fly to SFO-YVR-SFO-DEN for example, I doubt that CBP in SFO will give me a hard time.

Last edited by WineCountryUA; Nov 20, 2018 at 4:29 pm Reason: merging consecutive posts by same member
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Old Nov 20, 2018, 1:05 pm
  #17  
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Originally Posted by quintic
I understand that full fare GUM-HNL is terrible idea.
The question is here, if I hold a valid visa to enter US, can I enter Guam? if so, then treat this as port of entry, why need onward ticket to mainland?
Entry to a country as a non-resident alien is never guaranteed, visa or not.

Your friend does not have a valid visa to transit the US. It is being treated as the port of entry. (Arguing with me isn’t going to get your friend anything, BTW. Even if you convince me, what happens if your friend runs into the same CBP agent that threatened denial before?) Your friend has a valid visa to enter the US to go to school, which is a different visa.

F1 visas are sponsored by a specific school. Unless your friend’s school is in GUM, the agent may ask for proof of onward travel. I suppose your friend could pocket the ROR boarding pass, provide proof on onward travel from GUM in the future, and act like there’s a stopover planned at GUM — but if the agent notes this in the record, it could be an uncomfortable conversation upon return from ROR to GUM. “How did you get back here so quickly?” My recommendation stands — reach out to the US embassy / consulate for an official reply.

Originally Posted by quintic
It is like if I fly to SFO-YVR-SFO-DEN for example, I doubt that CBP in SFO will give me a hard time.
If you had a single-entry US visa, and you tried to fly XXX-SFO-YVR-SFO-DEN, you’d have a very difficult time. If you got to YVR in the first place — unlikely, but not impossible — and you got past Canadian border security, you’d have an uncomfortable discussion with the US CBP agent at YVR, as you’d no longer have a valid visa to enter the country.
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Old Nov 20, 2018, 1:25 pm
  #18  
 
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Originally Posted by quintic
The question is here, if I hold a valid visa to enter US, can I enter Guam?
Not necessarily. If your purpose is transit, you need a transit visa. A visa for another purpose - study, marriage () etc. is not necessarily enough.
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Old Nov 20, 2018, 2:51 pm
  #19  
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Originally Posted by quintic
I understand that full fare GUM-HNL is terrible idea.
The question is here, if I hold a valid visa to enter US, can I enter Guam?
Visas have purposes and limitations attached to them. A visa to go to school/OPT is not an all purpose visa for whatever you want to do in/through the US.

The CBP officer is correct if she's not doing YAP-GUM-ROR for school/OPT purposes.
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Old Nov 20, 2018, 6:59 pm
  #20  
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I did the research this afternoon. CBP is not wrong here. The solution is now find another local airline that fly nonstop YAP-ROR (one flight per week), and cancel YAP-GUM-ROR leg, talked to a very nice UA agent to allow her to keep the ROR-US flight.
This probably is a bit off topic here.
Going back to the case, if she has to the YAP-GUM-ROR flight, and plan ahead, what can she do? Apply C visa? will applying C visa invalidate the F visa? I didn't find any answers on USCIS website.
Question 2: If her flight is YAP-GUAM onwards to China (home) via (HKG or NRT or ICN) does she need a transit visa as well? If she arrives at Guam holding an onward ticket to HKG, will CBP deny her entry and send her back to YAP? or will they force her to make onward flight to US?
I mean rule is rule, doesn't mean the rule is not stupid. I understand that each visa category has its purpose, but come on, a transit could be the least problem of any possible abuse of visa.
And back to my early question: If she book a flight PVG-SFO-YVR, I don't think CBP at SFO will ever ask about her next flight. (given she has multiple entry F visa and valid Canadian tourist visa).

I am wondering how much business does the US airlines lost due to the transit visa requirement and customs.
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Old Nov 20, 2018, 7:20 pm
  #21  
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Originally Posted by quintic
Going back to the case, if she has to the YAP-GUM-ROR flight, and plan ahead, what can she do? Apply C visa? will applying C visa invalidate the F visa? I didn't find any answers on USCIS website.
I can’t think of any reason that a C visa would invalidate an F visa, but, again, she should follow up with either USCIS or the appropriate US consulate.

Originally Posted by quintic
Question 2: If her flight is YAP-GUAM onwards to China (home) via (HKG or NRT or ICN) does she need a transit visa as well? If she arrives at Guam holding an onward ticket to HKG, will CBP deny her entry and send her back to YAP? or will they force her to make onward flight to US?
They would be within their rights to deny admission, yes. As to what would happen in practice, it could be anything from being stopped at the UA desk in YAP to talking her way through to HKG.

Originally Posted by quintic
I mean rule is rule, doesn't mean the rule is not stupid. I understand that each visa category has its purpose, but come on, a transit could be the least problem of any possible abuse of visa.
I agree wholeheartedly; you would think that a multiple-entry student visa would also include transit privileges. However, you should keep in mind that F visas have been a source of a good amount of fraud (fake schools), so they may get extra scrutiny.

Originally Posted by quintic
And back to my early question: If she book a flight PVG-SFO-YVR, I don't think CBP at SFO will ever ask about her next flight. (given she has multiple entry F visa and valid Canadian tourist visa).
It’s entirely possible that you’re correct. It may simply be the case that GUM agents are trained to look out for international transit issues because there is much more I-I transit at GUM, on a percentage basis, than just about any other US port. But she could still run into issues when she left YVR, because the agents could easily wonder why she entered the US on an F visa but didn’t use it to go to school.

Originally Posted by quintic
I am wondering how much business does the US airlines lost due to the transit visa requirement and customs.
Likely quite a bit, but the US has deemed that a price worth paying. The airlines would love to expand the TWOV program, but it’s a tricky issue politically.
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Old Nov 20, 2018, 8:14 pm
  #22  
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Originally Posted by quintic
I am wondering how much business does the US airlines lost due to the transit visa requirement and customs.
I'd WAG over a billion dollars a year.
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Old Nov 20, 2018, 8:23 pm
  #23  
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Originally Posted by jsloan



Likely quite a bit, but the US has deemed that a price worth paying. The airlines would love to expand the TWOV program, but it’s a tricky issue politically.

When her mom joined us for a trip to Antarctica last year, her mom booked an AC flight transit at YYZ, saved her lots of trouble. (Her mom has B visa and Canadian visa, allows transit though)

School is not running 365days/year, there is thanksgiving break, Christmas break, or spring break. And she has done quite a lot travel for conference all over the world.
F-visa though faced a lot scrutiny than B visa (since 911 I think), in my opinion, a lot of administrative background check.
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Old Nov 20, 2018, 9:19 pm
  #24  
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Originally Posted by quintic
Question 2: If her flight is YAP-GUAM onwards to China (home) via (HKG or NRT or ICN) does she need a transit visa as well? If she arrives at Guam holding an onward ticket to HKG, will CBP deny her entry and send her back to YAP? or will they force her to make onward flight to US?
The normal case (ignoring the F visa) is that the TIMATIC check results in denial of boarding at the original airport (YAP in this case). I feel like in this particular circumstance CBP is likely to just get her out on the next ticketed flight (most convenient resolution for them), but that is absolutely not something you want to gamble with. The USA is just not set up to handle I/I transits very well - case in point that they can't even manage an airside international transit area in GUM.
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Old Nov 20, 2018, 9:58 pm
  #25  
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Originally Posted by findark
The normal case (ignoring the F visa) is that the TIMATIC check results in denial of boarding at the original airport (YAP in this case). I feel like in this particular circumstance CBP is likely to just get her out on the next ticketed flight (most convenient resolution for them), but that is absolutely not something you want to gamble with. The USA is just not set up to handle I/I transits very well - case in point that they can't even manage an airside international transit area in GUM.
That is a very interesting point.
1) At check in, if she shows the F-visa most likely airline will allow her to board. In a normal case, if you are denied entry, the carrier is responsible to fly you back. YAP or ROR or mainland US?
2) She is not gambling here. It is just poor planning. Anyway, the new plan is to take Caroline Island Air to ROR.

I always wanted to try island hopping, I guess not any time soon. No worth the trouble. Technically Guam is a transit point in island hopping route.

As for the visa, I think if you have already allow this person to enter the country, studying or working, what harm can this person cause for take a transit flight? It is not the intended purpose, but student or worker, they have vacations, when taking a vacation, making a connection on US soil, it will only bring in rev, and I don't see any harm at all.
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Old Nov 20, 2018, 10:23 pm
  #26  
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Originally Posted by quintic
1) At check in, if she shows the F-visa most likely airline will allow her to board. In a normal case, if you are denied entry, the carrier is responsible to fly you back. YAP or ROR or mainland US?
The traditional case would involve the delivering carrier receiving a reasonably hefty fine from the refusing country and then flying the pax back to their point of origin (most times this happens the pax is legally resident in the origin port). There are a number of reasons why that isn't so straightforward here (or in a number of other cases), which is why I think the actual practical truth is going to be whatever the CBP officer on duty decides, and here the "ideal bureaucrat theorem" applies where the bureaucrat (CBP officer) who is paid to do a job but isn't morally invested in it will choose whatever path ultimately leads to the smallest amount of paperwork or hassle for them (maybe getting someone to watch her airside without processing a US entry and then loading her onto the onward flight -- maybe holding her for a while until UA can send her back to either YAP or the mainland).

TIMATIC is usually good for catching this at departure because the delivering carrier really, really does not want to be involved in a situation like this. I'm not terribly sure what the obligation is for a carrier who takes a citizen of C from A (exiting from a single-entry now-void visa) to B (where they are inadmissible), but I would assume they have to ultimately transport them back to C at their expense. It gets even worse in the more difficult case of someone who is not legally allowed entry anywhere (maybe dump them at LYR ) but I think that's pretty rare.
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Old Nov 20, 2018, 11:17 pm
  #27  
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Originally Posted by findark

TIMATIC is usually good for catching this at departure because the delivering carrier really, really does not want to be involved in a situation like this. I'm not terribly sure what the obligation is for a carrier who takes a citizen of C from A (exiting from a single-entry now-void visa) to B (where they are inadmissible), but I would assume they have to ultimately transport them back to C at their expense. It gets even worse in the more difficult case of someone who is not legally allowed entry anywhere (maybe dump them at LYR ) but I think that's pretty rare.
A few years back, I met a Chinese guy at HAV airport, his ticket was PEK-SVO-HAV; HAV-MEX-PVG. He was stuck at gate area, I suppose that he already got ticket to MEX, but was denied of boarding due to no visa to MEX.
"Passengers transiting through Mexico City (MEX) with a confirmed onward ticket for a flight to a third country within 24 hours. They must stay in the international transit area of the airport and have documents required for the next destination."
My guess is that he might need to switch terminal at MEX that complicates the issue.
I don't know how eventually he got out of there. The cubans asked for all his money to "book" him a flight home. I thought Aeroflot might need to take him back.
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Old Nov 20, 2018, 11:24 pm
  #28  
 
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Originally Posted by quintic
A few years back, I met a Chinese guy at HAV airport, his ticket was PEK-SVO-HAV; HAV-MEX-PVG. He was stuck at gate area, I suppose that he already got ticket to MEX, but was denied of boarding due to no visa to MEX. "Passengers transiting through Mexico City (MEX) with a confirmed onward ticket for a flight to a third country within 24 hours. They must stay in the international transit area of the airport and have documents required for the next destination." My guess is that he might need to switch terminal at MEX that complicates the issue.
MEX-PVG is actually MEX-TIJ-PVG, so he has to go domestic, thereby eliminating any possibility to abide by that requirement.
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Old Nov 21, 2018, 11:04 am
  #29  
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Originally Posted by quintic
A few years back, I met a Chinese guy at HAV airport, his ticket was PEK-SVO-HAV; HAV-MEX-PVG. He was stuck at gate area, I suppose that he already got ticket to MEX, but was denied of boarding due to no visa to MEX.
"Passengers transiting through Mexico City (MEX) with a confirmed onward ticket for a flight to a third country within 24 hours. They must stay in the international transit area of the airport and have documents required for the next destination."
My guess is that he might need to switch terminal at MEX that complicates the issue.
I don't know how eventually he got out of there. The cubans asked for all his money to "book" him a flight home. I thought Aeroflot might need to take him back.
As long as he isn't allowed to board HAV-MEX though, it's not any airline's problem -- he's just stuck in Cuba without a valid ticket and that's between him and the Cuban authorities.
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