Re-entering USA through Mexico

Old Sep 6th 2016, 8:43 pm
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Default Re-entering USA through Mexico

Hi there,


Just a quick question. Before that, here are some facts


-I am here on E-3 visa (Australian), my wife on E-3D (Indian) and my son is a US citizen.
-I recently moved jobs (December 2015)
-My visa expires late in 2017 however, I94 expires in October 2016
-When I moved jobs, my wife had a valid I94 until March 2017. However her visa is expired in March 2016.


Question: I was planning to drive to San Diego (we are based in LA), cross the border and reenter to extend my i94 until my visa expiration. I had (wrongly?) assumed that since my wife does not have a valid US visa, we will have to file for her visa extension. However, I just heard from HR that she can travel with me. They say they confirmed with our lawyers.


I just wanted to post it here and check in with you folks.


Appreciate any input. Just a little nervous so wanted to seek your opinion.


Thanks,
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Old Sep 6th 2016, 9:11 pm
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Default Re: Re-entering USA through Mexico

My understanding is that if one leaves the USA with an expired visa, they need a new visa in order to get into the USA again.

No direct experience.

Rene
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Old Sep 6th 2016, 9:30 pm
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Default Re: Re-entering USA through Mexico

Originally Posted by E3only View Post
Hi there,


Just a quick question. Before that, here are some facts


-I am here on E-3 visa (Australian), my wife on E-3D (Indian) and my son is a US citizen.
-I recently moved jobs (December 2015)
-My visa expires late in 2017 however, I94 expires in October 2016
-When I moved jobs, my wife had a valid I94 until March 2017. However her visa is expired in March 2016.


Question: I was planning to drive to San Diego (we are based in LA), cross the border and reenter to extend my i94 until my visa expiration. I had (wrongly?) assumed that since my wife does not have a valid US visa, we will have to file for her visa extension. However, I just heard from HR that she can travel with me. They say they confirmed with our lawyers.


I just wanted to post it here and check in with you folks.


Appreciate any input. Just a little nervous so wanted to seek your opinion.


Thanks,
I thought that trips to Mexico and Canada did not reset the I-94?
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Old Sep 6th 2016, 9:32 pm
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Default Re: Re-entering USA through Mexico

Originally Posted by E3only View Post
I just heard from HR that she can travel with me. They say they confirmed with our lawyers.
I'm pretty sure your HR department and their lawyers are idiots. If she leaves the US without a valid visa, she must get a new visa at a US Consulate before being allowed back in. There is a US Consulate in Tijuana, but whether or not they'll process a new visa for her is anyone's guess - and, even if they do, it likely won't be a one-day thing.


Appreciate any input.
You can make the border run... but make sure your wife doesn't leave the US while you're doing it.

Ian
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Old Sep 6th 2016, 9:33 pm
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Default Re: Re-entering USA through Mexico

Originally Posted by Nutmegger View Post
I thought that trips to Mexico and Canada did not reset the I-94?
That's true only for the VWP.

Ian
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Old Sep 6th 2016, 9:36 pm
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Default Re: Re-entering USA through Mexico

Originally Posted by ian-mstm View Post
That's true only for the VWP.

Ian
Interesting; thanks.
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Old Sep 6th 2016, 10:02 pm
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Default Re: Re-entering USA through Mexico

Originally Posted by ian-mstm View Post
I'm pretty sure your HR department and their lawyers are idiots. If she leaves the US without a valid visa, she must get a new visa at a US Consulate before being allowed back in. There is a US Consulate in Tijuana, but whether or not they'll process a new visa for her is anyone's guess - and, even if they do, it likely won't be a one-day thing.



You can make the border run... but make sure your wife doesn't leave the US while you're doing it.

Ian
OK - idiots or not, I asked them 2 times - are you sure! Because I thought the same. However, they also gave me this ...which does put some weight to their suggestion (does it?). https://travel.state.gov/content/vis...alidation.html

Thoughts? By the way, these guys (attorney) for me so I am being appreciative of their judgment


.

Last edited by E3only; Sep 6th 2016 at 10:07 pm.
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Old Sep 6th 2016, 10:16 pm
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Default Re: Re-entering USA through Mexico

Well, I guess there's only one way to find out for sure! LOL

If you're only going for the purpose of extending your I-94, I don't see any reason for her to go along and risk anything. Tijuana isn't a place to hang around and sightsee, from what I've heard.

Rene
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Old Sep 6th 2016, 10:23 pm
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Default Re: Re-entering USA through Mexico

Originally Posted by E3only View Post
Thoughts?
Well, now you've got me thinking that I was a bit hasty! I note that the web site says "certain temporary visitors" and "may be admitted". It all seems a bit up in the air.

That said, her E-3D status is tied to your E-3 status. When you changed jobs, it's unclear whether or not her status was affected. If it was, then her current I-94 may be invalid and so she won't be eligible for automatic revalidation. Is there a reason she needs to cross the border?

Okay - now I'm officially not sure. Hopefully someone else can clarify.

Ian
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Old Sep 7th 2016, 1:32 am
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Default Re: Re-entering USA through Mexico

Originally Posted by ian-mstm View Post


That said, her E-3D status is tied to your E-3 status. When you changed jobs, it's unclear whether or not her status was affected. If it was, then her current I-94 may be invalid and so she won't be eligible for automatic revalidation. Is there a reason she needs to cross the border?



Ian

I was never going to get her to travel with me. But the attorneys said I would be OK. I am just going to go myself and apply after I get my I94 extended.


Btw, for the bolded item above: I was categorically told 10 times by them and on this forum (as confirmation) that even if I changed jobs, we don't need to do anything for her given her I94 does not run out until 1Q2017 (even if her visa from my old job did) given hers is a derivative and as long as I have a visa, she is good. Is that not correct? I assume she is in 'status' as long as she stays in US AND her I94 is valid?
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Old Sep 7th 2016, 1:42 am
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Default Re: Re-entering USA through Mexico

what is the point of her travelling with you, holiday?
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Old Sep 7th 2016, 4:09 am
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Default Re: Re-entering USA through Mexico

Originally Posted by Boiler View Post
what is the point of her travelling with you, holiday?
I am going to down there myself. If she were to join that wouldn't be any incremental ask. Simple as that. I won't risk it if it's not adviseable
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Old Sep 7th 2016, 4:34 am
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Default Re: Re-entering USA through Mexico

Originally Posted by Noorah101 View Post
Well, I guess there's only one way to find out for sure! LOL

If you're only going for the purpose of extending your I-94, I don't see any reason for her to go along and risk anything. Tijuana isn't a place to hang around and sightsee, from what I've heard.

Rene
Tijuana is fine. However, I suggest the OP crosses the border at Tecate instead: no queue to get back in and it's a lovely little town. It's about 45 minute drive from San Diego.
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Old Sep 7th 2016, 2:56 pm
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Default Re: Re-entering USA through Mexico

She can be admitted with the expired visa following a short departure to Canada/Mexico provided she is otherwise admissible as an E3D, has a valid passport, doesn't seek a visa while out, goes for less than 30 days, has a valid I-94, doesn't have a waiver of inadmissibility, isn't from a country on the terrorist list etc. Per 22 CFR 41.112.
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