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British tourist detained by US authorities for 10 days over visa issue

theguardian.com

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Re: British tourist detained by US authorities for 10 days over visa issue

#41

Post by averageRoyalty »

viraptor wrote: post #34
toast0 wrote: post #27

Earlier quoted context omitted.

Forcing her to fly back immediately (and detaining until the flight if not immediate) seems reasonable, but both countries at a land crossing can't refuse entry. The article states she was refused entry to Canada, and then detained when she returned to the US; I don't know if there are international norms here, but I think in this situation if both countries would refuse entry, one of them has to accept entry and con…

Sure, they could consider detention. But then there are daily flights back to the UK. Anything beyond an overnight stay (if necessary for the wait) is unfair.

I'm not convinced it's the Americans responsibility to get her back to a suitable international airport as quickly as possible and put her in the next flight out. 10 days does seem excessive, but I don't see why she should be a priority either. I would imagine up to 5 working days fits within the realm of 'reasonable'.

Re: British tourist detained by US authorities for 10 days over visa issue

#42

Post by sergers »

i was following this on another site before it showed up here:

1)UK citizens dont need a visa perse coming into canada as a tourist

1b) electronic travel authorization form is not required for UK citizens coming to canada over land border.

2)she was staying at Workaway, which depending on how you interpret/misinterpret is "working" (which it possibly is, a little shady on what they are.) so canada may have thought she was going to work... which a tourist visa doesnt cover

so my guess is canadian authorities felt she was coming here to work, which she didnt have the proper paperwork so got denied.

USA authorities upon re-entry attempt, probably felt she is scamming the ESTA 90 days being on a "4 month" trip, staying at workaway locations... and playing devils advocate, there is no proof that this is NOT what she was trying to do... going to a short trip in canada before going back thinking it resets ESTA (they have to be gone from usa for a reasonable time)

so much unknowns.

i think they were right to detain her/deny her entry... but the length of detainment is at issue.

very first thing i think of when viewing their site is this is some lodging for volunteer/unpaid labour. https://www.workaway.info/

Re: British tourist detained by US authorities for 10 days over visa issue

#43

Post by xethos »

viraptor wrote: post #34
toast0 wrote: post #27

Earlier quoted context omitted.

Forcing her to fly back immediately (and detaining until the flight if not immediate) seems reasonable, but both countries at a land crossing can't refuse entry. The article states she was refused entry to Canada, and then detained when she returned to the US; I don't know if there are international norms here, but I think in this situation if both countries would refuse entry, one of them has to accept entry and con…

Sure, they could consider detention. But then there are daily flights back to the UK. Anything beyond an overnight stay (if necessary for the wait) is unfair.

Dictating they buy one of the most expensive flights (one of the immediate ones taking off that day) probably isn't a great look either. Like so much else with law enforcement, they look like shit because of the system and incentives set up.

Some do it themselves and are malicious for no good reason, but not literally every time.

Re: British tourist detained by US authorities for 10 days over visa issue

#44

Post by korkybuchek »

chasil wrote: post #29
quackscience wrote: post #8

Probably shouldn't tell border patrol you're doing unpaid labor in a country you're visiting. When speaking to authorities it's best to say the absolute minimum required for the encounter.

I've never had anything to do with foreign exchange students, but are they absolutely prohibited from work of any kind? If there is ambiguity, then we can't have them here.

> but are they absolutely prohibited from work of any kind?

Generally yes.

But you can have on-campus jobs to supplement your income, and there are at least two programs (CPT and OPT) that let you get approval for limited-term employment in your area of study. CPT also requires university approval.

Re: British tourist detained by US authorities for 10 days over visa issue

#45

Post by sergers »

Svip wrote: post #15
toast0 wrote: post #13

Earlier quoted context omitted.

> helping explain why Canada may not have seen an issue The article seems to indicate that Canada did have an issue: > Canadian authorities told her to go back to the US and fill in new paperwork before returning to cross into Canada. It seems that she was detained after re-entering the US upon being refused entry into Canada.

Ah. I missed that; maybe Canada only recognises the US visa stay if one entered the US first. I did this research back in 2017, and I may misremember some details.

i think she was "working" but potentially unpaid/compensated in lodging staying a t https://www.workaway.info/ (which was reported by the BBC where she was staying)

Re: British tourist detained by US authorities for 10 days over visa issue

#46

Post by sergers »

quackscience wrote: post #8

Probably shouldn't tell border patrol you're doing unpaid labor in a country you're visiting. When speaking to authorities it's best to say the absolute minimum required for the encounter.

or dont lie, apply for appropriate work permits/visa entries/travel authorizations if you are going to work whether its paid or not.

Re: British tourist detained by US authorities for 10 days over visa issue

#47

Post by hdjjhhvvhga »

quackscience wrote: post #8

Probably shouldn't tell border patrol you're doing unpaid labor in a country you're visiting. When speaking to authorities it's best to say the absolute minimum required for the encounter.

Statements like these make me happy I live in Europe.

Re: British tourist detained by US authorities for 10 days over visa issue

#48

Post by viraptor »

xethos wrote: post #43
viraptor wrote: post #34

Earlier quoted context omitted.

Sure, they could consider detention. But then there are daily flights back to the UK. Anything beyond an overnight stay (if necessary for the wait) is unfair.

Dictating they buy one of the most expensive flights (one of the immediate ones taking off that day) probably isn't a great look either. Like so much else with law enforcement, they look like shit because of the system and incentives set up. Some do it themselves and are malicious for no good reason, but not literally every time.

You don't get a free flight. Typically either your return ticket is moved if possible, or the airline will claim the cost from you. There's a number of regulations and airline rules, but in general - unless the airline messed up checks at boarding, you're getting charged for the flight back.

Re: British tourist detained by US authorities for 10 days over visa issue

#49

Post by fortran77 »

moralestapia wrote: post #6

The story is missing an important detail, I'm not assuming malice btw, why was she refused entry into Canada as well? Edit: Lol, there's literally nothing wrong with this observation. HN has truly gone down the gutter. I know not everybody here is part of the hivemind but the few that are completely spoil the experience for everybody else.

And none of the USA-bashers here seem to care about that. It got me thinking there's more to this story, too.

Re: British tourist detained by US authorities for 10 days over visa issue

#50

Post by [deleted] »

ta1243 wrote: post #25
Svip wrote: post #10

Frankly, I wouldn't dare to overstay my tourist visa in the US either 10 or 20 years ago. The articles notes "four month", a standard US tourist visa for an ESTA country (e.g. the UK) would grant 90 days upon arrival; any travel within Canada counts too. Canada, however, grants 180 days, helping explain why Canada may not have seen an issue. Whenever travelling elsewhere for more than 1 month, check _everything_; inc…

I suspect that people don't read the small print about the 90 days counting for your entire time on the continent. That said it's unclear her exact itinerary from the story Ultimately if you go to a hostile country though, you need to have a good support network. You wouldn't travel to say China and breach your visa. The US is a hostile country and should be treated as such.

[deleted]
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