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

theguardian.com

61–70 of 257 posts

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

#61

Earlier this month, the Guardian also had an article of a German tourist who crossed over the land border (San Ysidro Port of Entry, I assume) who was detained for a long while too. The details seemed kind of similar to this situation where it involves suspicion of tourists working in the USA without the proper authorizations.

there is a second german tourist now in the same situation, detained while trying to visit his fiancee: https://old.reddit.com/r/worldnews/comments/1j7xjhf/it_is_li...

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

#62

If she is on a "four-month backpacking trip around North America" and tried to return to the US, she has exceeded the 90-day limit allowed by the Visa Waiver Program (which counts days both in the US and "adjacent territories") and is now an illegal overstayer. The unpaid labor stuff and getting refused entry to Canada is icing on the cake. For the record, I'm no fan of ICE/CBP, but it looks like they're just enforci…

detaining for 10 days is nonsense. Just deny entry and send them back.

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

#63

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.

Just some of my personal anecdotes:

I was travelling to Ireland(Dublin) as a tourist and during questioning by a border agent I mentioned that I might check my email (they noticed my laptop), the border agent simply advised me that my visa did not allow work but since I was clearly being transparent about my actions and intentions that there was no reason for them to block me or require me to apply for a working visa, so after what was a friendly chat, I was on my way.

I've also had similar interactions in other European countries such as Germany(Munich) and the UK(London Gatwick) - both of which are particularly thorny about economic migrants posing as other types of visitors or asylum seekers, again no problems and the staff are courteous while conducting their duties professionally.

Meanwhile my last trip to the USA during Trump 1.0 involved the border agent not even speaking to me, but instead holding out his hand for paperwork - so I'd hand him a paper, and if it wasn't the one he wanted, he'd flick it back at me. It's obvious he's just trying to start shit so he can have an excuse to abuse the power granted to him. (LaGuardia Airport).

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

#64

Earlier this month, the Guardian also had an article of a German tourist who crossed over the land border (San Ysidro Port of Entry, I assume) who was detained for a long while too. The details seemed kind of similar to this situation where it involves suspicion of tourists working in the USA without the proper authorizations.

Couple days ago there was a report of another German tourist being arrested and held without legal counsel.

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

#65
post #16

I have long suspected the reason for aggressive treatment of minor offenders is that they are an easy target and a quick way to meet your prosecution quota. I have many times heard about foreign students who come to the USA under completely proper arrangements but run afoul of immigration because of some innocent remark. My advice to visitors is to never mention to officials any circumstance in which you might come i…

I doubt there needs to be some higher agenda. At the border you're at the whims of power tripping border guards and TSA. A whole lot can happen if you get the wrong person who's in a bad mood or simply confused. And once flagged you get pushed into a byzantine process and the next person you speak to won't care how you got into it or if the first guy was unfair, the process is the process.

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

#66
post #29

Earlier quoted context omitted.

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.

Both would require university approval. OPT is literally structured as a course at the university.

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

#67
post #18

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.

That's what I was confused about. I was thinking my add blocking maybe cut out a paragraph from the text at first. > Canadian authorities told her to go back to the US and fill in new paperwork before returning to cross into Canada. If it's not mistake, and the article is complete, it sounds like the reporter skipped some important details about what Canada did. Hopefully an honest mistake.

Canada has been cracking down on their border for the last year as well since the student worker controversy. It says:

> She was planning to stay with a host family where she would carry out domestic chores in exchange for accommodation and was told she should have applied for a working visa, instead of a tourist visa

She probably told the Canadian border that was her plan in Canada as well and told her she needs a work visa. Basically like a live in house keeper.

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

#68
post #29

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.

She was on a tourist visa. She should have gotten a J-1 visa who can do 20 hours/week part time work with some constraints. Some details about this visa: https://yfuusa.org/2024/05/16/j1-student-visa/

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

#69

If she is on a "four-month backpacking trip around North America" and tried to return to the US, she has exceeded the 90-day limit allowed by the Visa Waiver Program (which counts days both in the US and "adjacent territories") and is now an illegal overstayer. The unpaid labor stuff and getting refused entry to Canada is icing on the cake. For the record, I'm no fan of ICE/CBP, but it looks like they're just enforci…

Enforcing the law is one thing. If they refused entry or forced her to fly back immediately, nobody would care much. Detaining is all of: cruel, expensive, unnecessary.

> Detaining is all of: cruel, expensive, unnecessary.

What about those poor private prison corporations that are being deprived of an income?! How dare you! /s

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

#70
post #13
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…

> 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.

If you are trying to get a visa anywhere, it's very standard for them to ask if you have ever been denied entry to any country, and it raises a lot of red flags (regardless of the reason). It's entirely possible she mentioned the denial when talking to the US authorities, and that caused them to detain her until she could be suitably deported.
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