ETA + Transit (USA)

[zehsilva]

Hi,

I am a Brazilian national with a valid non-immigrant USA visa (transit, C1). I work in research (AI) and must confirm if I can attend an important conference in my area.
According to the ETA website, some US non-immigrant visa holders from Brazil can apply for an ETA. Can the transit visa be used for that, too? I have a scientific meeting in December in Canada, and I am afraid I might not be able to get a visitor visa on time unless I can get an ETA.

 

[Naturgrl]

Sorry how are you exempt. Do you have a visa to enter the US?
https://www.canada.ca/en/immigration-refugees-citizenship/services/visit-canada/entry-requirements-country.html

 

[zehsilva]

I was trying to understand if the following eTA expansion eligibility applies (in my case, I would be holding a "valid U.S. nonimmigrant visa", which is a category that the transit C1 U.S. visa are part of)
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/eta.html
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eTA expansion eligibility
Subsections R7.01(1) and (2) expand the eligibility criteria of the eTA requirement to allow certain foreign nationals who meet specific conditions to apply for an eTA.

These foreign nationals may apply for an eTA only if they are travelling to Canada by air and if, at the time of application, either of the following applies:

• they have held a Canadian temporary resident visa (TRV) in the past 10 years
• they hold a valid U.S. nonimmigrant visa (NIV)

If such an individual does not meet the eligibility requirements listed above, they are not eligible to apply for an eTA. They must then be in possession of a valid TRV to travel to or transit through Canada.

Note: If a foreign national holding an eTA on the basis of eTA expansion eligibility is travelling to or transiting through Canada by a means other than air, they must have a valid TRV.

 

[Naturgrl]

This is an NIV visa from the US site…
Non-Immigrant Visa
Nonimmigrant visas are issued to foreign nationals seeking to enter the United States on a temporary basis for tourism, business, medical treatment and certain types of temporary work. The type of nonimmigrant visa needed is defined by immigration law, and related to the purpose of the travel. Generally, an individual applies directly to the U.S. consulate or embassy abroad for a tourist (B-2) or business nonimmigrant (B-1) visa. However, foreign nationals seeking to enter the United States to study or work may require certain authorization and documentation prior to applying for a nonimmigrant visa. For an alphabetical listing all of the nonimmigrant visa classifications and specific requirements refer to the USCIS website. or the U.S. Department of State website.

Don’t think you have a NIV if transiting. You don’t have B-2. Apply for ETA and find out.

 

[scylla]

This is an NIV visa from the US site…
Non-Immigrant Visa
Nonimmigrant visas are issued to foreign nationals seeking to enter the United States on a temporary basis for tourism, business, medical treatment and certain types of temporary work. The type of nonimmigrant visa needed is defined by immigration law, and related to the purpose of the travel. Generally, an individual applies directly to the U.S. consulate or embassy abroad for a tourist (B-2) or business nonimmigrant (B-1) visa. However, foreign nationals seeking to enter the United States to study or work may require certain authorization and documentation prior to applying for a nonimmigrant visa. For an alphabetical listing all of the nonimmigrant visa classifications and specific requirements refer to the USCIS website. or the U.S. Department of State website.

Don’t think you have a NIV if transiting. You don’t have B-2. Apply for ETA and find out.

C-1 is definitely classified as a NIV. Whether it's accepted for the eTA exception is another matter and I have no idea.

 

[zehsilva]

Thanks all for the information and discussions. My doubt stems from the language used in the US Visa information vs. the Canadian ETA information. C1 is definitely treated as NIV in the US Visa information pages, while it is unclear if it is valid in the case of the Canadian eTA exception. I asked for clarifications from the Canadian consulate via email and will wait for it. Otherwise, I will try and see!

 

[scylla]

Thanks all for the information and discussions. My doubt stems from the language used in the US Visa information vs. the Canadian ETA information. C1 is definitely treated as NIV in the US Visa information pages, while it is unclear if it is valid in the case of the Canadian eTA exception. I asked for clarifications from the Canadian consulate via email and will wait for it. Otherwise, I will try and see!

I doubt they will answer with anything useful and even if they do, keep in mind they aren't IRCC.

I'm interested to know what the answer is. If you end up applying for the eTA, let us know what happens.