Today at US Immigration I was told that I have spent too much time in the USA and they want some explanations. I countered that I have never overstayed the allowed amount of time in the USA (max 3 months at a time for my passport, and max 6 months a year total). They replied that any time spent in North America (Canada and Mexico) counts as time spent in the USA. This is news to me. Was this just a rogue agent or am I going to have hassles every time I enter the country? In the end, they let me through and warned me to not spend so much time in the United States of All of North America.

Probably a rogue agent but it would be worth looking into the conditions that would trigger the need for a visa.

What is your nationality OP? It sounds like you were traveling on an ESTA where time spent in Canada or Mexico counts towards the time allowed in the US.

�Visitors may stay for up to 90 days in the United States, which also includes time spent in Canada, Mexico, Bermuda or the islands in the Caribbean if the arrival was through the United States�

https://en.wikipedia.org/wiki/Visa_p..._United_States

I'm travelling on an Australian passport. Thanks for posting that link. If I follow its source I get to
https://www.cbp.gov/sites/default/fi...%20ENGLISH.pdf
and there it does not use the wording of the wiki article but it does say:
"Travel may not terminate in contiguous territory or adjacent islands unless the traveler is a resident of those areas"

So that would mean if I spend 2 months in the US followed by 2 months in Canada then I should be refused entry to the United States because I've overstayed the 90 days limit! That is news to me and no other agent has ever picked up on that. Food for thought, I'll have to make sure I avoid the US when travelling to Canada!

The rule makes perfect sense to me. It's basically saying you can't drive across the border and come back as a way of circumventing the 90-day limit.

But does it also make sense if someone is refused entry to the United States after only spending a couple of days in the US and 90 days in Canada?

Your opening post mentions you were told you've spent too much time in the USA. That can't be a couple days.

I have never spent too much time in the USA. But if they add my stays in Canada then it has, in the past, gotten above 90. This is the first I've heard that Canada = USA. I know from experience that a one-way out of the US to Canada or Mexico doesn't count as a ticket out and that's fair enough.

But anyway, the point is that, as the rules are written, someone who has spent a grand total of 1 day in the USA in their whole life could be denied access to the USA because they have "overstayed".
You get crazy results like that when you start counting stays in other countries. With any transit via the USA you could be refused entry on the way home on a return leg.

This US Immigration rule has been around for as long as I can remember, precisely as JimInOhio says- to prevent people from crossing over a nearby border and resetting the 90 day clock. You don't say that you were not allowed entry so it looks like you were OK. The agent was just doing his/her job but maybe not in the most diplomatic way.

By the way, OZ is on the lookout for similar travel behavior with NZ. My niece (US passport holder) was writing her thesis in (the alleged peace and quiet of) my apartment in SYD, went to NZ for a short break, and took over 3 hours at Immigration to get back in even though she had only initially stayed in SYD 5 weeks. They were concerned she was working because she had spent 5 weeks only in SYD or she possibly planned to stay 90 more days even though she had a confirmed ticket for 11 days later. Her total time, including NZ, was well under 90 days. At least she did not end up on one of those TV shows.

As long as you the outcome was acceptable, I would not worry too much about the process. It may not be a bad thing that they are on the lookout for potential violators. As for some agents being gruff, I would agree 100% with that.

While I have not yet been able to find an official reference on this policy, something - particularly for Rbakker or others folks that have a similar travel patterns - to consider is that the policy apparently applies only when the US is the first port of entry before travelling on to Canada, Mexico or one of the Caribbean countries/locations.

So, one way to prevent this on your next trip to the united states of north america: if you know you will be staying in both the US and any of the other countries for an aggregate of more than 90 days, arrange the itinerary to land first in Canada or Mexico, then do your travel in the US, then exit to one of the others. Then there will be no question of over-staying the US visa.

I expect, however, that at least Mexico and Canada have similar policies.... Then again, if the pax is from a country where one does not require a Canadian or Mexican visa, then it should not be a problem.

That policy has been in place since VWP/I-94W if not even earlier than that. Years (decades) ago, there was a report of one of your fellow country(wo)man who had transitted from U.S. to Canada, and then returned to the U.S. for a few weeks on the way home. She was picked up by Border Patrol (or some such) during a bus check and was detained for weeks/months.

came across this thread. I know it�s not current talk but just to add a few things�


this has been around for years.

most Canadian airports have pre clearance to the USA.
US and Canada have joint operations in many ways. Military operations in security are shared jointly under joint military command.

government agencies work together as joint ventures like in weather , coastal research, ecosystems, water management in cross border ecosystems.

if it was up to me there would be no border security like it is now but have a broader system of coordinated immigration/ visitation. Those who can come to Canada and not USA would get marked. The border crossing is just checking for that along with random vehicle searches.

I've been travelling to Canada for years and have never heard of them counting the USA as Canada but then again I had no idea that the USA considered Canada to be their territory either. Indeed, as you say, if one intends to stay for an extended period in Canada then be very careful not to travel via the USA, especially since it is usually much cheaper to take this route. I'm hoping this warning will save someone a lot of hassle.

https://en.wikipedia.org/wiki/Canadian_Bacon