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Australian Man Held in the US for Overstaying Visa by 90 Minutes

May 04, 2017
5 min read
New System Tracks Foreign Travellers At JFK
Australian Man Held in the US for Overstaying Visa by 90 Minutes
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The travel industry has had a tough time staying out of the news lately, and for all the wrong reasons. If it’s not a news story on the travel ban or a primer on how to best protect your electronics when you need to check them, it could be a viral video of a bumped passenger being forcibly removed from a plane or a fist fight between travelers making the rounds.

The latest incident that has Twitter all atwitter is the story of Baxter Reid, a 26-year-old from Canberra, Australia, who was arrested at the Canadian border on April 24 after overstaying his visa for 90 minutes. Yes, you read that right: 90 minutes.

According to Heather Kancso, Reid’s American girlfriend, it all started when the couple was attempting to leave and reenter the US via Canada, as the terms of Reid’s five-year B1 / B2 visa require him to exit and reenter the United States every six months. With his visa set to expire at midnight on April 24, the couple drove to the Canadian border on April 23, where Reid’s troubles began when they arrived around 10:00pm. Kancso told news.com.au that Canadian border officials immediately began to give the couple a hard time, making them wait several hours and grilling them with "remedial questions."

After being detained for more than four hours by Canadian authorities, Reid, who has served in the Australian Army, was eventually refused admission into Canada and the couple was directed back to US border patrol authorities. Unfortunately, during that span of time, Reid’s visa officially expired, meaning he'd been on US soil illegally for 90 minutes and was now a criminal.

Baxter Reid was arrested at the Canadian border on April 24. Image courtesy of Heather Brianna via GoFundMe.

It didn’t take long for news of Reid’s arrest to spread, especially once Kancso turned to social media for help. On April 29, she created a GoFundMe page with the hashtag #FREEBAXTER to draw attention to Reid’s situation and raise funds for his legal costs.

“Both [Reid’s] family and mine are trying to find nickels and dimes to help us out, but at this stage the estimated costs are unrealistic,” wrote Kancso. “This is going to make a criminal out of an innocent man. With this legal counsel, his options are still limited: either get sent back to Australia with no criminal record, or have us get married so he can be here legally—both of which we are willing to comply with. Without this legal support, he will be sent back to Australia not only actually in cuffs, but as a criminal not being allowed to reenter the US.”

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In just five days, the page has managed to exceed its initial fundraising goal; at the time of this writing more than $9,800 of the $8,000 needed had been raised, courtesy of more than 204 donors. But then they hit another snag: GoFundMe froze their page until more information can be confirmed and those funds can be dispersed. “In order to protect donors, it's not uncommon to get additional information about the campaign before the funds are transferred to the individual," said Kelly Galvin, a spokesperson for GoFundMe told news.com.au.

Andrew David, an immigration attorney (who is not involved with Reid’s case) told The Sydney Morning Herald that it’s clear the US is taking a firmer stance when it comes to immigration violations, saying that the visa Reid has is usually reserved for people who frequently travel to the United States but don’t live there. "Some people who get this, will go: 'Great, I've got six months, all I have to do is go out and come back in,' and that's where the danger happens," David said. "There's no hard and fast rule, that's generally not how it's supposed to work. They want you to do a bit of time out of the US. The concern in this situation is, well, it's down to the minute."

Still, David believes that an arrest was unnecessary in Reid’s case. "You've got this young kid that's tied up in this ridiculous situation, it's not good," David said.

Despite all the roadblocks, Reid — who spoke with press from the Batavia, New York, detention center where he is being held — remains hopeful. "I have the best support team of friends and family that anyone could ask for," Reid said. "I'm just hoping that I can return to the States and be with my girlfriend, Heather. And just hoping that life doesn't change very much for me, and I continue to see all my friends in America again."

H/T: news.com.au

Featured image by Getty Images

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Rewards Rate

4XEarn 4X Membership Rewards® points per dollar spent on purchases at restaurants worldwide, on up to $50,000 in purchases per calendar year, then 1X points for the rest of the year.
4XEarn 4X Membership Rewards® points per dollar spent at US supermarkets, on up to $25,000 in purchases per calendar year, then 1X points for the rest of the year.
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2XEarn 2X Membership Rewards® points per dollar spent on prepaid hotels and other eligible purchases booked on AmexTravel.com.
1XEarn 1X Membership Rewards® point per dollar spent on all other eligible purchases.
  • Intro Offer

    As High As 100,000 points. Find Out Your Offer.
  • Annual Fee

    $325
  • Recommended Credit

    Excellent to Good

Why We Chose It

There’s a lot to love about the Amex Gold. It’s a fan favorite thanks to its fantastic bonus-earning rates at restaurants worldwide and at U.S. supermarkets. If you’re hitting the skies soon, you’ll also earn bonus Membership Rewards points on travel. Paired with up to $120 in Uber Cash annually (for U.S. Uber rides or Uber Eats orders, card must be added to Uber app and you can redeem with any Amex card), up to $120 in annual dining statement credits to be used with eligible partners, an up to $84 Dunkin’ credit each year at U.S. Dunkin Donuts and an up to $100 Resy credit annually, there’s no reason that foodies shouldn’t add the Amex Gold to their wallet. These benefits alone are worth more than $400, which offsets the $325 annual fee on the Amex Gold card. Enrollment is required for select benefits. (Partner offer)

Pros

  • 4 points per dollar spent on dining at restaurants worldwide and U.S. supermarkets (on the first $50,000 in purchases per calendar year; then 1 point per dollar spent thereafter and $25,000 in purchases per calendar year; then 1 point per dollar spent thereafter, respectively)
  • 3 points per dollar spent on flights booked directly with the airline or with amextravel.com
  • Packed with credits foodies will enjoy
  • Solid welcome bonus

Cons

  • Not as useful for those living outside the U.S.
  • Some may have trouble using Uber and other dining credits
  • You may be eligible for as high as 100,000 Membership Rewards® Points after you spend $6,000 in eligible purchases on your new Card in your first 6 months of Card Membership. Welcome offers vary and you may not be eligible for an offer. Apply to know if you’re approved and find out your exact welcome offer amount – all with no credit score impact. If you’re approved and choose to accept the Card, your score may be impacted.
  • Earn 4X Membership Rewards® points per dollar spent on purchases at restaurants worldwide, on up to $50,000 in purchases per calendar year, then 1X points for the rest of the year.
  • Earn 4X Membership Rewards® points per dollar spent at US supermarkets, on up to $25,000 in purchases per calendar year, then 1X points for the rest of the year.
  • Earn 3X Membership Rewards® points per dollar spent on flights booked directly with airlines or on AmexTravel.com.
  • Earn 2X Membership Rewards® points per dollar spent on prepaid hotels and other eligible purchases booked on AmexTravel.com.
  • Earn 1X Membership Rewards® point per dollar spent on all other eligible purchases.
  • $120 Uber Cash on Gold: Add your Gold Card to your Uber account and get $10 in Uber Cash each month to use on orders and rides in the U.S. when you select an American Express Card for your transaction. That’s up to $120 Uber Cash annually. Plus, after using your Uber Cash, use your Card to earn 4X Membership Rewards® points for Uber Eats purchases made with restaurants or U.S. supermarkets. Point caps and terms apply.
  • $84 Dunkin' Credit: With the $84 Dunkin' Credit, you can earn up to $7 in monthly statement credits after you enroll and pay with the American Express® Gold Card at U.S. Dunkin' locations. Enrollment is required to receive this benefit.
  • $100 Resy Credit: Get up to $100 in statement credits each calendar year after you pay with the American Express® Gold Card to dine at U.S. Resy restaurants or make other eligible Resy purchases. That's up to $50 in statement credits semi-annually. Enrollment required.
  • $120 Dining Credit: Satisfy your cravings, sweet or savory, with the $120 Dining Credit. Earn up to $10 in statement credits monthly when you pay with the American Express® Gold Card at Grubhub, The Cheesecake Factory, Goldbelly, Wine.com, and Five Guys. Enrollment required.
  • Explore over 1,000 upscale hotels worldwide with The Hotel Collection and receive a $100 credit towards eligible charges* with every booking of two nights or more through AmexTravel.com. *Eligible charges vary by property.
  • No Foreign Transaction Fees.
  • Annual Fee is $325.
  • Terms Apply.