warakorn

I have one question.

Which is the exact point a person has left legally the United States?
"legally left" means:
1) to conform to the person's visa rule (e.g. the 90 day limit in the Visa Waiver Program)
2) if the plane diverts or returns to an US port, the person needs to pass US immigration controls.

Assuming this person is taking a flight from an US airport nonstop to a non-US destination (no direct flight like JFK-LAX-BNE or STL-ORD-LHR).
Let's take an example like DFW-LHR (AA 77W):

A) Once the passengers enters the aircraft for DFW-LHR?
B) Once the aircraft pushes back?
C) Once the aircraft is airborne?
D) Once the aircraft has left US airspace?

Just some examples from other countries:
In Schengen a passenger has left the Schengen zone, once the passenger passed the Schengen exit passport control checkpoint. So still being in the Non-Schengen transit zone one the ground, the passenger has legally left Schengen.

In the UK (e.g. LHR) - this is my understanding - the passenger has officially left the UK, once he passes the conformance/security checkpoint. Because if the passenger wants to get back landside, he has to go through the UK border checkpoints.

JY1024

As this question pertains to a specific country's regulation, we will move this to the USA forum for further discussion. Thanks. /JY1024, TravelBuzz co-moderator

Often1

Based on your excellent but abbreviated (not by your choice) trip report, I presume that this relates to your flight IAH-BGR (sort of)-EWR.

There are no exit formalities from the US. While CBP may choose to inspect departing passengers and sometimes does, there is no standardized process and thus there is no demarcation point such as a passport control station as might occur in other countries.

In your case, you were onboard a US carrier and never left US airspace. Had the flight been cancelled at EWR requiring passengers to deplane, UA & CBP would have dealt with what level of clearance was required. In theory, CBP could have inspected luggage for duty free which ought to have left the US and it might have dealt with visa overstays depending on dates, but it has that information from SecureFlight, so most of that can be handled in the background and if there is an issue, with the very few pax for whom it is a problem.

Ultimately, you are "at or near" the border so subject to inspection. Thus, whether you have "legally" left the US isn't really the issue.

Kevin AA

It's like standing on top of the U.S.-Mexico border until the plane lands in another country, then you step forward and you're officially gone. But if the plane diverts, you fall backwards into U.S. territory where the Border Patrol is watching you and asking questions.

:D!

I guess this is now offtopic as it has been moved to the US forum, but just to say this is not true, because in most (maybe all) UK airports domestic and international departing passengers are mixed. Furthermore, in some airports (such as EDI) I think you can be departing on an international flight but still just walk out of the secure area via domestic arrivals (getting back in may be problematic).

For visa purposes, I believe you are considered to be in the UK if you are physically on UK soil at any time during a calendar day, unless you are in international transit and have not passed through the border - but it is slightly odd that at LHR you can still physically interact with a passenger who is travelling domestically and has no ID on their person.

For tax purposes, you are considered to be in the UK if you are on UK soil at 2400, but there are so many rules and exceptions. For example, if you deliberately scheduled the aforementioned international transit via the UK in order to have a drink with the passenger travelling domestically, inside the airport, you may be considered to be in the UK for tax purposes on that day, depending on your other activities in the UK for the preceding 3 or 4 tax years!

If your flight is scheduled to depart at 0100 then I believe you would still be considered to be in the UK on that day even if it's only for 1 hour. But I would expect discretion to be shown, as in not considered to be overstaying, if you were scheduled to depart at 2300 on the last day of your permission to be in the UK, and were delayed past midnight.