Flagpoling, PGWP, and VWP

[calledieu]

I'm an international student in Ontario graduating with a Bachelor degree this year, and have a job offer which starts in June.

I'm hoping to get my PGWP at the Niagara Falls border in early May to give to my employer, but would like to avoid any risks involved in getting a "refusal of US entry" while flagpoling. I've read that it's just an administrative refusal and I won't need to declare it in the future, but I'd rather be safe and spend a few hours in the US shopping or eating before returning to Canada.

However, I'm concerned that if I do properly enter the US, it will trigger the start of a new 90-day visa waiver (as I am from a VWP country). Since crossing back over the border to Canada won't count as leaving the US, my visa waiver will continue to tick.

I am then flying to my home country from Canada (without transitting through the US) in mid-May, but I don't think Canada stamps outgoing passports to indicate that I've left. Since I'm leaving the continent, will it reset the 90-day period on the visa waiver? Will I have any trouble travelling to the US after those 90 days since my not-quite-flagpoling?

I will be returning to Canada in June to start work.

 

[Bs65]

Others can comment but to me you are overthinking things flagpoling has zero effect on any future entries to the US and as you indicate is simply an admin refusal before you return to the Canadian side . You are more likely to maybe have issues on the Canadian side with flagpoling if CBSA in Ontario still have their tues/Weds/Thurs only restriction for flagpolers come May.

If you decide to go into the US then you pay I believe 6 US for an I94 that gets stapled in your passport and when you leave the US you must hand this back in to CBP unless you plan to go back to the US within the period of your authorised entry.

It is important to ensure you either hand the I94 in or if you come back to Canada with it then mail to the address you can Google. Failure to either not hand in or mail it can cause issues should you want to go to the US at some future date. This is all explained somewhere on the US CBP site.

Leaving Canada with a US I94 has no relevance to your exit/entry to Canada, the I94 is an entry agreement between you and the US not Canada so your obligation to follow due process is with the US so just ensure you hand in the i94 on exiting the US should actually enter the US.

 

[calledieu]

Thanks. Would it be easier just to flagpole then, and avoid any issues with either visa waivers or I-94s that I'd get if I properly entered the US?

I'd be sure to go during Tuesday-Thursday, but as I'd possibly be taking a Megabus there, I'm prepared to spend the night there (on either side of the border) if the processing times are several hours, as I've heard it can be.

 

[calledieu]

It seems that I might not be able to fit in a trip to the border as I'm flying home on May 5th and probably won't be able to get my graduation documents from my school until two weeks later.

My options:
1) Apply online as soon as I receive my graduation documents by email, while I'm back home (could take up to 90 days to process) or
2) Take the risk and try to apply on the spot at Pearson airport when I land back in Canada on June 2nd.

I've heard that I can't apply both ways (ie. apply online, then go to the border and try to get it there as well). I assume this is still true?

 

[Creeper Roy]

Hi...

Your experience is being very helpful to me. Do I require job letter for the same?

Thank you.