CANBERRAN STUCK IN US JAIL FOR OVERSTAYING VISA BY ONE HOUR
A Canberra guy is stuck behind bars in the United States after overstaying his visa by just over an hour.
Baxter Reid, 26, is now in jail, and he needs our help to get out.
Reid and his American girlfriend Heather travelled to the Canadian border, while his visa was still current.
Reid’s five-year visa requires him to leave the US every six months before renewing it.
It’s understood, the pair were held back by border officials for several hours, then refused entry.
“They spent hours asking us remedial questions and giving us the run around, with hours of dead time in between. After wasting over four hours there, they sent us to the US border patrol because they refused to let Baxter through,” Heather said.
“The US border patrol ended up taking Baxter away, because after waiting for hours with the Canadians, he technically violated his Visa requirements and was illegally in the US for a SINGLE HOUR. This is where all the real problems began; they threw Baxter in cuffs and escorted him to prison.”
Now – the tedious and expensive legal process begins.
“Fortunately we were able to find a good immigration lawyer, but immigration is not cheap. Both his family and mine are trying to find nickel and dimes to help us out, but at this stage, the estimated costs are unrealistic.”
A GoFundMe page has been set up to help raise $8000 for legal fees.
Let’s rally behind him Canberra!
Seems like a setup, they knew when the visa expired, so why did they waste him time like that? They wanted to put him in prison, otherwise they would not have done that. He must be on somebody's crap list, we are not at war with Australia, so it is very unusual. It is not like he was from a middle eastern country where they might have reason to question him about what he was doing, he should contact Justin Trudeau, seek political asylum if the US is effing with him like that.
Thanks Donald
Canada probably did not let him in because of a prior DUI on his record. This seems to happen a lot as even a DUI from 20 years prior will keep border officials from allowing entery. I really do feel sorry for this guy, as he was trying to work within US immigration law. I've walked across borders before where there was a no man's land in between (Singapore to Malaysia comes to mind) and wondered what would happen if both counties refused entery. You are unfortunately at the mercy of border officials.
Seems like a setup, they knew when the visa expired, so why did they waste him time like that? They wanted to put him in prison, otherwise they would not have done that. He must be on somebody's crap list, we are not at war with Australia, so it is very unusual. It is not like he was from a middle eastern country where they might have reason to question him about what he was doing, he should contact Justin Trudeau, seek political asylum if the US is effing with him like that.
LOL - Just give the Prime Minister a call. His number is listed. But he may be busy talking to all the others that keep walking across the border daily. If you dial 1 800 Trudeau , he answers personally.
How many times have you been pulled over for doing say 5 mph over the speed limit? "But officer - I was only doing _____."
It wasn't dangerous; petty ticket; but you are still guilty
personally i think being held in jail for 3-4 weeks before a bond hearing is a little different than a speeding ticket.
also, he has no criminal record.
[Edited on 5/3/2017 by LeglizHemp]
Just saying that any law you break there is always the chance that it will be enforced to the letter. I once was at court to plead a traffic ticket; had an emergency and had to leave. The bailiff refused to let me reschedule; and a bench warrant was put out for my arrest. If I was pulled over for any violation I would have been thrown in jail.
This Australian legal website says
If you are an unlawful non-citizen the Department of Immigration and Border Protection will generally detain you in immigration detention, pending removal from Australia as soon as practicable.
Read more: Deportation and Removal from Australia, Link: https://www.gotocourt.com.au/immigration/deportation/
What do you think is supposed to happen on a VISA overstay? Only 416,500 overstayed their VISAs in fiscal year 2015 so it is certainly something immigration officials should be looking out for. Some say almost half of the illegal immigrants in the country are here due to VISA overstays.
You get arrested in Canada too for VISA overstay according to this site:
As for penalties, if you are caught overstaying while in Canada you can expect to be arrested, detained, and issued a removal order.
https://www.justlanded.com/english/Canada/Articles/Visas-Permits/Exit-strategy-needed-for-illegals
well considering the guy was trying to be in compliance by leaving the country after 6 months and was held up by the canadian border patrol because he was within hours of violating the terms of the visa and then refused entry after being held for 4 hours and returned to the USA in violation of his visa, i think this is a royal screw up. if there is a rule that you must leave 1 day or 2 days or a week before the 6 months is up then it would make sense. i don't think there is a rule that says that though. if canada would have stamped his passport then he would have been ok to return to the USA after getting a renewal. i'm not sure of for how long you have to leave the country before re-entering.
[Edited on 5/3/2017 by LeglizHemp]
now its possible that he didn't have the proper paperwork or visa to enter canada as an australian but that isn't mentioned in any article i have read about this.
[Edited on 5/3/2017 by LeglizHemp]
the only thing i can see he did wrong possibly is not get an ETA to enter canada ahead of time. now why yhat was i have no idea, maybe he called the canadian embassy and they told him you can easily get one at the border, i don't know.
International visitors to Canada (not US citizens or US permanent residents) must carry a valid passport and, if required, a visa. Citizens from the United Kingdom, France, Germany, Japan, the Republic of Korea, Australia and others do not require a visa to enter Canada
Holiday visa. Most international visitors (including those from Australia) can stay in Canada for up to six months with a valid passport. Since March 2016, all Australians travelling to, or transiting through Canada must obtain an electronic travel authorisation (eTA) beforehand.
[Edited on 5/3/2017 by LeglizHemp]
well considering the guy was trying to be in compliance by leaving the country after 6 months and was held up by the canadian border patrol because he was within hours of violating the terms of the visa and then refused entry after being held for 4 hours and returned to the USA in violation of his visa, i think this is a royal screw up. if there is a rule that you must leave 1 day or 2 days or a week before the 6 months is up then it would make sense. i don't think there is a rule that says that though. if canada would have stamped his passport then he would have been ok to return to the USA after getting a renewal. i'm not sure of for how long you have to leave the country before re-entering.
[Edited on 5/3/2017 by LeglizHemp]
now its possible that he didn't have the proper paperwork or visa to enter canada as an australian but that isn't mentioned in any article i have read about this.
[Edited on 5/3/2017 by LeglizHemp]
the only thing i can see he did wrong possibly is not get an ETA to enter canada ahead of time. now why yhat was i have no idea, maybe he called the canadian embassy and they told him you can easily get one at the border, i don't know.
International visitors to Canada (not US citizens or US permanent residents) must carry a valid passport and, if required, a visa. Citizens from the United Kingdom, France, Germany, Japan, the Republic of Korea, Australia and others do not require a visa to enter Canada
Holiday visa. Most international visitors (including those from Australia) can stay in Canada for up to six months with a valid passport. Since March 2016, all Australians travelling to, or transiting through Canada must obtain an electronic travel authorisation (eTA) beforehand.
[Edited on 5/3/2017 by LeglizHemp]
Admittedly I am not following this too closely after reading an article or two on the matter.
But I'm wondering since you know more on this and having said all of that above, how do you square it with the "Thanks Donald" post? He somehow told the Canadians to delay processing this person? I suspect you are not happy that immigration officials are strictly following the law and detaining this person, but do we have any specific statement, order, implication that the President is directing immigration officials to conduct business differently in matters such as minor date/time visa violations?
yea, ok the "Thanks Donald" wasn't necessary. it was more a reaction to Gina's post. my bad. the whole thing seems extreme to me though.
yea, ok the "Thanks Donald" wasn't necessary. it was more a reaction to Gina's post. my bad. the whole thing seems extreme to me though.
People respond to Gina? 😉 Oh I'm just kidding.
CanadianMule's response was especially good.
Doesn't this fall under the category of "just enforce the rules already on the books?" We hear that argument frequently in any debate surrounding gun control.
Personally I don't feel threatened by illegal immigration. That said, my wife went through all the steps and became a citizen last year. I think most people staying in the United States on a Visa are very aware of the rules.
Why didn't the guy leave and come back after 5 months? Why did he wait to the last minute? It seems to me that he could have made better choices.
that's the part of the story that is missing.
that said, i stand by the title of this thread. 
Why didn't the guy leave and come back after 5 months? Why did he wait to the last minute? It seems to me that he could have made better choices.
I'm guessing it's because his visa extension starts the day he returned, so he wouldn't want to do it too early. Anyway, it is stories like this that are starting to impact international tourism to the US. I have several friends overseas that have decided to wait to travel to the US on vacation because they watch the news and believe that they are no longer welcome here. I also have a friend that has a business obtaining visas for overseas bands that want to tour the US. He has said that although the rules have not changed, many bands are deciding that it is no longer worth coming to the US. That ultimately affects American workers and businesses (nightclubs, tour bus rentals, restaurants, hotels, etc.).
2112, you make the point better than i ever could.
Thanks Donald
Seems like the problem came from the Canadian side of the border.
