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Old 03-17-2009, 12:30 PM   #1
 
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Default US Visa Waiver Program 90 day limit question

I'm trying to change my flight home from the USA later on this year so that I can stay the full 90 days however I'm not sure of a few things.

I'll be going to Mexico for a week during that time, so does that count in my 90 days as it is kind of still part of North America when it comes to Visa related things...

I'm currently in the USA now and got bombarded with questions upon my arrival as I'm here for over 2 months and was here last year as well. I'm afraid when I fly into the USA again in June they might find me suspicious because I'm here a lot and for at least 2 months each time...

So the question is: does Mexico (Cancun) count in my 90 days or does it stop and then resume after that? I tried to read the Customs and Border Patrol (or whatever its called) website but I don't get it.

Also I have no evidence of a job at home (Australia) so what other "ties" to home would I need to prove to say I am going back home (besides my return ticket home)...

Thanks!
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Old 03-17-2009, 12:54 PM   #2
 
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Quote:
Originally Posted by cattlikewoah View Post
I'm trying to change my flight home from the USA later on this year so that I can stay the full 90 days however I'm not sure of a few things.

I'll be going to Mexico for a week during that time, so does that count in my 90 days as it is kind of still part of North America when it comes to Visa related things...

I'm currently in the USA now and got bombarded with questions upon my arrival as I'm here for over 2 months and was here last year as well. I'm afraid when I fly into the USA again in June they might find me suspicious because I'm here a lot and for at least 2 months each time...

So the question is: does Mexico (Cancun) count in my 90 days or does it stop and then resume after that? I tried to read the Customs and Border Patrol (or whatever its called) website but I don't get it.

Also I have no evidence of a job at home (Australia) so what other "ties" to home would I need to prove to say I am going back home (besides my return ticket home)...

Thanks!
Hmmm, I am not an expert in this, but I do remember looking a lot at this sort of thing when I was hoping to help a friend come here to the U.S., and I was extremely bummed by all the hassle and bureaucracy and pissy policies that the U.S. has for even just visiting - it's almost like they don't want anyone to come here at all. :S

For your first question, my mind is trying to remind me where exactly I read that yes, your trip to Mexico will count because it is an adjacent country. I'll try to dig up the information on it, right now I'm reading the CBP page also, and good god... confusing. It doesn't give a straight answer on it, that I can see.

Anyway, I'm thinking that things like family ties (do you take care of mom and dad or something like that, etc.), a bank account from your country, and owning some kind of property... though I'm usually all for skillful/tasteful circumvention of laws and rules and guidelines, I don't know how wise it would be to mess with anything regarding U.S. border control, as there can be some pretty funky consequences there.

By the way, what kind of questions do they ask when you come to the border? It always sounds so scary, I am curious what they want to know...
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Old 03-17-2009, 05:29 PM   #3
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Stuff like this confuses the hell out of me.

Does this answer your question? (from the CBP website)


Q: Can a VWP applicant for Admission Be Readmitted To the United States Following a Short Trip To an Adjacent Island, Canada, or Mexico?A:
  • Generally, VWP applicants admitted under the VWP may be readmitted to the United States after a departure to Canada or Mexico or adjacent islands for the balance of their original admission period. This is provided they are otherwise admissible and meet all the conditions of the VWP, with the exception of arrival on a signatory carrier, in which case the inspecting officers have the discretion to grant the applicants entirely new periods of admission.
  • The VWP applicant is admissible and may be readmitted to the United States under the VWP after a departure to Canada or Mexico or adjacent islands provided the person:
    1. Can identify an authorized period of admission that has not expired,
    2. Plans to depart the United States no later than the expiration date of their period of admission,
    3. Presents valid, unexpired passports which reflect admission to the United States under the VWP, and
    4. Continues to meet all criteria set forth in 8 CFR 217 and section 217 of the Immigration and Nationality Act (Act), with the exception of arrival on a signatory carrier.
I suspect you may have already read that. Sorry I can't offer more help!
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Old 03-17-2009, 08:48 PM   #4
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That sounds to me like fancy language that means that yes, the clock continues to run when you're in Mexico.

So you're here now and you can come back as soon as June and get a fresh 90 day visa? Seem like most places I've been lock you out for 6 months or more between visas.

Since you're coming from Australia have you looked into a work & tourism visa? I think it's J-1 and requires you to be a student...

I'm trying to remember if you went to ACL last time you were here?
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