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Palm Beach County Immigration Attorney > Blog > Immigration > What Is “Flagpoling” in Florida?

What Is “Flagpoling” in Florida?

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Flagpoling is a term rarely used in the United States, and it is more common in Canada. However, the practice of flagpoling may be very familiar to immigrants in Florida. Essentially, flagpoling is when you leave the United States and then immediately re-enter for some kind of immigration benefit. In Canada, this practice is popular because it may guarantee same-day immigration services – essentially allowing immigrants to “skip the line” and avoid processing delays. Is this phenomenon present in Florida? What are the benefits of flagpoling? You can ask these questions during a consultation with an immigration lawyer in Palm Beach Gardens.

Why Is Flagpoling Common in Canada but Not in the United States? 

Flagpoling is a mostly Canadian phenomenon due to the loopholes in the Canadian immigration system. These loopholes allow Canadian temporary residents to travel outside of the country before immediately re-entering, skipping processing delays within Canada, and receiving same-day immigration services. All of their immigration needs can therefore be handled within a single 24-hour period, and residents only need to take a short trip across the US border.

Although this does not involve US residents, it has proven quite controversial south of the Canadian border. US lawmakers have spoken out about the practice, accusing Canada of impeding tourism and commerce across the border. With thousands of temporary residents making a meaningless back-and-forth trip across the US border, border officials are seeing a surge in border crossings. Over the past few years, Canada has taken in a stunning number of immigrants relative to the size of its population.

Does Leaving Florida “Re-Set” Your Visa? 

Some people in Florida might be tempted to carry out the same tactics, and you might be wondering if a quick flight or boat ride “resets” your visa. A popular option for those with ESTA (also known as the waiver visa program) is to leave the country before the 90-day period expires and then re-enter for an additional 90 days.

While this might work in theory, it is quite risky in practice. Border officials are well aware of this tactic, and they will likely take action if you simply “flagpoled” to reset your visa. You cannot leave the country, return a few days later, and expect to get an extra 90 days in the country.

That said, you have better luck if you plan out your trip more carefully. Traveling to non-contiguous countries is more likely to reset your visa. In other words, avoid Canada, Mexico, and “adjacent islands.” You should also aim to stay in the other nation for at least three days before attempting to return. Even then, border officials may realize what you’re trying to do when you re-enter. Consider staying for the same amount of time you have been in the USA. Alternatively, you could speak with an immigration lawyer about more effective ways to stay in the United States for longer periods of time.

Find an Experienced Immigration Lawyer in Palm Beach Gardens

 If you’ve been searching for an experienced immigration lawyer in Palm Beach Gardens, look no further than The Devore Law Group. Exiting and immediately re-entering the country might be beneficial for some Canadians, but the United States follows very different immigration rules. Due to these rules, flagpoling can actually be highly problematic. Book a consultation to discuss this situation in more detail.

Source: 

globalnews.ca/news/10544111/flagpoling-canada-us-border-limits-cbsa/

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