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Florida to Bahamas: FBO at KFXE? SkyDemon with map or FF? Bahamas WX?

You are more than welcome ;)
I also sent a few emails to the US CDP but due to the USA “shutdown” they are not answering.
That is for sure a useful doc but I’d like to have from them a document with all the “adjacent countries” allowed.

LILV, Italy

Hi guys.
Just an update on the VWP re-entry with private airplane thing:
I’ve sent an email to the GA Support of the US CDP and, after a first vague answer in which they actually said that it’s “generally” not possible, I got from them a clear answer that the re-entry with VWP (with private airplane) is valid and possibile.
I finally found out that the law paragraph to refer for this rule is the 8 CFR 217.3.
Here there are two official links to that law paragraph:
https://www.govinfo.gov/content/pkg/CFR-2012-title8-vol1/pdf/CFR-2012-title8-vol1-sec217-3.pdf
https://www.cbp.gov/sites/default/files/assets/documents/2018-Mar/i775-vwp-contract-kit.pdf
I will print this doc in order to be completely sure to have no issues once I’ll be back to US using this law.
Hope this can be useful for you as well,
Marco

LILV, Italy

I had read that law before, but it doesn’t state what an “adjacent island” is. So it doesn’t add anything that wasn’t already stated in this thread.

It has never been stated what is the rule code and to which official document refer. It has been only copied and pasted from some websites and old guides.
By the way I’ve already replied to them with the question you are asking.

Last Edited by Mark0505 at 29 Jan 09:07
LILV, Italy

Rwy20 wrote:

I had read that law before, but it doesn’t state what an “adjacent island” is. So it doesn’t add anything that wasn’t already stated in this thread.

INA sec 101(b)(5):

(5) The term “adjacent islands” includes Saint Pierre, Miquelon, Cuba, the Dominican Republic, Haiti, Bermuda, the Bahamas, Barbados, Jamaica, the Windward and Leeward Islands, Trinidad, Martinique, and other British, French, and Netherlands territory or possessions in or bordering on the Caribbean Sea.
EGTK Oxford

Thank you JasonC!
Really what I was looking for!

LILV, Italy

Just a note that if you enter the US under VWP but using a Global Entry kiosk you don’t get your passport stamped. The ‘receipt’ that the kiosk gives you doesn’t cut it at the land border on re-entry and you have to get the stamp which is irritating and might be a problem sometime, somewhere…

EGBW / KPRC, United Kingdom

Aveling wrote:

Global Entry kiosk you don’t get your passport stamped

Thanks, that’s very useful to know.

Just to add to the original subject of this thread, I would not dream of flying anywhere in the US without Foreflight.

EGBW / KPRC, United Kingdom

JasonC wrote:

If you enter the US under visa waiver you can make these short trips even by GA and reenter with the same visa waiver stamp. Not sure how long they will allow.

It will be for the unexpired remainder of the original admission period however a fresh 90-day period is possible when flying in with a signatory carrier. The Foreign Affairs Manual at 9 FAM 201.1-4(C)(e)(2)(b) states:

VWP Traveler Eligibility Requirements

e. Nature of VWP Travel
2. Side Trips Permitted Within 90-day Limit:
(a) Travelers participating in the VWP who make their initial entry into the United States by air or sea must arrive aboard one of the participating carriers. After the initial admission into the United States, under the provisions of VWP, a foreign national may temporarily depart to, and return from, Canada, Mexico, or adjacent islands by car or other carriers as long as the total stay in the United States and the time accrued in contiguous territory and/or adjacent islands does not exceed 90 days.

(b) In other words, a side trip to Canada, Mexico, or the adjacent islands does not “reset the clock” for VWP travelers, unless the traveler is resident in the country to which they travel. (For further information see Chapter 15.7(i) of DHS Inspectors Field Manual, Readmission After Departure to Contiguous Territory or Adjacent Islands.)

(c) Return from Canada, Mexico, or adjacent islands by air or sea within the 90 days limit does not require transportation by a VWP signatory carrier.

The DHS/CBP Inspector’s Field Manual has apparently been withdrawn (link) however the referenced guidance was:

(i) Readmission after Departure to Contiguous Territory or Adjacent Islands.

(1) General. Aliens admitted under the VWP may be readmitted to the U.S. after a departure to
foreign contiguous territory or adjacent islands for the balance of their original admission period,
provided they are otherwise admissible and meet all the conditions of the VWP, with the exception of
arrival on a signatory carrier, in accordance with 8 CFR 217.3(b). The inspecting officers also have
the discretion to grant the applicants entirely new periods of admission, providing they are arriving on
signatory carriers. The following sections discuss the criteria, procedures, liability ramifications for the
carriers, and define the term “adjacent islands” for the purposes of the VWP.

(2) Conditions for Readmission. As discussed above, aliens admitted under the VWP may be
readmitted to the U.S. under the VWP after a departure to foreign contiguous territory or adjacent
islands provided that:
• their authorized period of admission has not expired,
• they plan to depart the U.S. prior to the expiration date of their period of admission,
• they present valid, unexpired passports which reflect admission to the U.S. under the VWP,
and
• they continue to meet all criteria set forth in 8 CFR 217 and section 217 of the Act, with the
exception of arrival on a signatory carrier.

If the alien still has the original endorsed departure portion of the Form I-94W, admit the alien for the
balance of his/her original admission period. If the original endorsed departure portion of the Form I94W was lifted, or if the alien is not otherwise in possession of it, a new Form I-94W is required.
[WITHHELD] If the applicant is no longer in possession of the endorsed departure portion of the Form
I-94W at a land border POE, he/she must pay the requisite fee for the new Form I-94W.

If the alien needs to stay in the U.S. for longer than the original period of admission, the officer can
consider granting another 90-day period of admission, provided the alien meets the requisite criteria.
These cases are considered new admissions and the officers should follow the applicable procedures
provided in Chapter 15.7(c), Air and Sea POE Arrivals, or Chapter 15.7(d), Land Border POE Arrivals.
Officers should be aware of the potential for fraud in certain cases of repeated entries, although
legitimate cases should be given due consideration.

If the original period of admission has already expired, the alien cannot be considered for readmission
and must meet all the requirements for a new admission into the U.S.

(3) New Admission. Officers must treat those aliens applying for entry after expiration of the original
admission period as applicants for entirely new admission. Follow the applicable procedures in
Chapter 15.7(c), Air and Sea POE Arrivals, or Chapter 15.7(d), Land Border POE Arrivals, discussed
earlier in this chapter.

(4) Carrier Considerations. Reentry during the original admission period need not be on a signatory
carrier. Liability of the original carrier, if any, is unaffected by such brief departures. It is important to
note that the original carrier retains liability ONLY if the applicant is readmitted for the balance of the
original VWP admission. If the applicant is given an entirely new admission period, the new carrier, if
there is one, assumes any liability and is also subject to the signatory carrier requirements of the
VWP.

(5) Definition of Adjacent Islands. The term “adjacent islands” is defined in section 101(b)(15) of the
Act, and for the purposes of the VWP includes: Anguilla, Antigua, Aruba, Bahamas, Barbados,
Barbuda, Bermuda, Bonaire, British Virgin Islands, Cayman Islands, Cuba, Curacao, Dominica, the
Dominican Republic, Grenada, Guadeloupe, Haiti, Jamaica, Marie-Galante, Martinique, Miquelon,
Montserrat, Saba, Saint-Barthelemy, Saint Christopher, Saint Eustatius, Saint Kitts-Nevis, Saint Lucia,
Saint Maarten, Saint Martin, Saint Pierre, Saint Vincent and Grenadines, Trinidad and Tobago, Turks
and Caicos Islands, and other British, French and Netherlands territory or possessions bordering on
the Caribbean Sea.

A non-government archived copy of the IFM is at https://www.shusterman.com/pdf/cbpinspectorsfieldmanual.pdf

London
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