A person was deported from the USA. He is an EU resident, living in the UK. Is it possible for him to layover at a US airport enroute to the bahamas or the Cayman Islands? - just for vacation purposes-
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The fundamental problem here is that US airports do not support transfers without entering the country. We have no exit control, thus no reason to provide all the restricted access to the gates that most countries have. I have walked from an international departure gate to outside the airport (although still on the grounds). I have walked from the departure hall itself to outside several times. Only the arrivals contain the passengers. – Loren Pechtel Mar 06 '18 at 05:22
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The Wikitravel guide on avoiding a transit of the United States may be useful in your situation. Also note that British Airways flies non-stop from Heathrow to Nassau four days a week, with continuing service to Georgetown. – Michael Seifert Mar 12 '18 at 17:26
2 Answers
As per the official Transiting the U.S.
International travelers transiting through the United States are required to be documented with either a valid passport and a valid visa (unless exempt) or if traveling on the Visa Waiver Program, an approved Electronic System for Travel Authorization (ESTA).
So the question comes down to if the deported person is able to satisfy those requirements. My gut feeling is that they would need to apply for an explicit visa in order to enter the US even if they would have normally have been eligible for the Visa Waiver etc.
From the Nolo law site How Long After Deportation Must I Wait Before Returning to the U.S.?
If you were ordered removed (or deported) from the U.S., you must remain outside of the country for five, ten, or 20 years, and in some cases, you may not be able to return to the U.S. at all.
However, some deportees can return to the U.S. on a visa even before their required time outside the country expires. To do this, you should understand the circumstances surrounding your order of removal, what options are available to you, and what type of waiver (or legal forgiveness) you will need.
So there may be some wiggle room, but this will depend the circumstances of the deportation and probably require the intervention of a legal specialist.
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2Citizens of Canada have different but similar considerations from those of VWP travelers because Canada isn't part of the VWP. – phoog Mar 04 '18 at 19:15
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2Because you file for admission to the US even on an international connection, my instinct is no. A friend flying CA-US-MX was refused admission to the US and sent home on a flight to Canada due to a criminal conviction he'd had; they didn't care that he was transiting. – Jim MacKenzie Mar 04 '18 at 23:03
Short Answer: NO. You need a Valid visa for the US unrelated to whether you intend to stay for an hour or a year. That includes layovers.
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