October 26, 2004 New rules for entry into the USA

[floridacargocat]

This concerns the entry into the USA (for transit to The Bahamas) for tourists from Visa-waiver participating countries. As of October 26, 2004, all tourist from VWP (= Visa Waiver Program) countries MUST have a machine readable passport for entry into the USA (for later transit to "paradise"). Further, all tourists will be processed electronically (fingerprint and digital photo).
At certain ports (airports) in the USA, an exit program will be implemented (MIA does not have this program, but the Miami seaport cruise terminal does have on an experimental basis), capturing the machine readable passport data.
Transiting tourists from VWP countries- leaving on (small) charter aircraft to "paradise" for a period not exceeding the 90 days - should keep their green I-94W, and present it to CBP upon re-entry into the USA.
Tourists from VWP countries with passports which are not machine-readable require a visa, otherwise they will not even be able to board the aircraft at their foreign origin for the flight to the USA.
Tourists from VWP countries, arriving directly in The Bahamas (Nassau, Freeport) from overseas (e.g. Great Britain), can fly to the USA only on VWP participating airlines. Charter airlines (see the various charter companies in The Bahamas and South Florida) cannot be used by these tourists, as none of them is part of the VWP agreement. In case a VWP tourists still wants to come to the USA (or transit via MIA for example), he/she needs a visa.
Example: A tourist from Great Britain (VWP country) flies to Toronto, and then to Nassau. And then he wishes to go to FLL and back on let's say Cherokee Air (small charter company, not a participant in the VWP). This person requires a visa from the embassy in London to enter the USA. If the same person goes on an American Airlines (VWP participant) flight, he/she can avail of the VWP benefits.

[bahamamoo]

May I add to this by way of personal experience back in May this year...

I am a British citizen, with a machine-readable passport, and had been travelling from the Bahamas to Florida on a VWP as allowed for over 3 years with no problem, on the (former??! :p ) air sunshine and island express flights.

In May this year, I tried one of the 'new' airlines that have recently popped up to get from Marsh to Florida. The ticket agent at Marsh barely looked over my travel documents, but declared all was in order.

To cut a long story short, on arrival in Florida, I was informed by immigration that I could not enter the US on my Visa Waiver form. When I enquired as to why not, I was told that 'xyz' airline was a 'non-signatory airline' - I had no clue what this meant (and still don't really), was held like a criminal in immigration for 2 hours, and then had to pay a big fine to get a 'temporary' visa in order to enter the States.

I was horrifed :eek: . Why hadn't the ticket agent been aware of this, that VWP holders could not travel on 'non-signatory' airlines? (And also VWP holders cannot travel to the US on a boat either, whether it's a private boat or a cruise ship).

Incidentally, after several phone calls a few 'smaller' airlines, NONE of the office staff even KNEW that they were non-signatory airlines !! So what hope did I have of knowing...?

Anyway, the fine was paid so I could enter the States, and after some wrangling with the 'non-signatory airline' I got my money back for that fine from them, as immigration told me it IS the airlines' responsibility to check I have the necesary documentation to travel. Immigration also told me that this error could cause the airline a substantial fine in the region of $5000, I never found out if they got fined.

Despite all this, I have travelled with that airline since, and have been very happy with them (however, they STILL don't check my documents properly :( ), but I had to fly to Nassau to get my $100 American Visa in order to fly with these people again.

Lesson: Brits beware !! Get a US visa or travel one of the larger airlines :rolleyes:

[floridacargocat]

This is - as regrettable as it is - an excellent example, of how things do go wrong. And there are many parties who contribute to it.

1. A VWP tourist flies from London to MIA ON British Airways (a signatory airline), fills out the green I-94W, gives it to Immigration in MIA, and receives a stamp on his I-94W` and his passport, allowing a stay for 90 days. The tourist has an onward reservation/flight (the next day) on a small charter/commuter airline (non-signatory). The return is planned for day 91 after the initial entry into the US. During the reservation process, neither passenger nor reservation agent make any attempt to determine the status of the passenger, but all the passenger data are captured for making the passenger manifest for the return flight, e.g. MHH to FLL. And this will lead to a fine for the passenger for "illegal entry" as well as for the airline. The airline is obliged to fly this passenger back to The Bahamas, and for the passenger the nightmare begins. He/she has to get a visa in Nassau, needs to make a new booking for the flight back to London, etc.
2. The same case, but the tourist returns within 90 days to FLL and flies out within 90 days back to London. No problem.
I am giving classes for charter companies with special emphasis on the intricacies for tourists requiring a visa and for tourists under the Visa Waiver Program. What I have found is that in many instances, the initial response of the charter operators is, that the pilot has to check, that the data in the passenger manifest are correct; this is way too late. The company still lands in trouble because of not asking sufficient questions, especially when it comes to non-US citizens. The mistakes are made during the reservation process, and if the reservation personnel is not sufficiently trained and made aware of the immigration requirements (even when it is only for transit purposes, which does not exist anymore in the USA), then things become very expensive.
Tourists - even experienced ones - assume, that the small and big companies are operating under the same conditions. Wrong. "VWP Signatory" airlines have to sign an agreement with the US Government, and have to put up quite a big bond as a surety for compliance. "Non-signatory" airlines (e.g. small charter companies) flying on the same routes do not have the same rights when it comes to transporting passengers back into the USA, as they have not signed the agreements and have not put up the specific bonds with US Government.
And there are differences between e.g., a British citizen and a British resident. A British citizen can get an I-94W entry, a British resident (he is not a citizen of the United Kingdom) requires a visa.
Proper communication with the charter company about the status of the passenger / tourist is very important for both sides in order to avoid problems when entering the USA.

[bahamamoo]

thanks for the info Cargocat.

Even though I've been through this, I still think it's a puzzling concept to understand if you're not in the industry. If I'd read your post not having been through this, I still wouldn't 'get it' ! And yes I am an experienced traveller and yet have never come across this...

My beef with the airline was that, if their own staff don't even know that
1. they are a non-signatory airline
2. WHAT a non-signatory airline is
3. what this MEANS for a VWP passenger,
then how on earth is a non-airline tourist-type person (ie. me ;) ) supposed to know it??!!

I had always made it clear that I was a British Citizen and British passport holder whilst making my reservations, and that I had a VWP, but they never asked about how long it was valid for, or that in fact it WAS NOT valid on their airline (useless or what??!), neither was I asked if I had a US Visa.

Also, while I'm on a roll :) , even when travelling with 'signatory' airlines (AA, continental etc - I presume ;) ) they never have any of the green I-94W's for us Brits - good job not many of us come to Abaco - bring your own :D !!

[dp]

Hey Moo! If you guys hadn't dumped paradise 'bout 30 years ago, you wouldn't have the problem! :)

dp

[bahamamoo]

bit before my time, DP... besides, not MY problem, the airlines problem now :cool: .

Anyway, if the UK still owned the Bahamas, then wouldn't I still have encountered the same problem flying INTO the USA? :p