navman

We reside in the US, my mother is staying with us on a Visa waiver which has a max of 12 weeks, we are planning a trip to Mexico, when she enters back into the US this will exceed her 12 week stay based on her original entry date.

Will the re-entry reset her Visa waiver status and provide a new extended window?

MidAtlantic

No. The trip to Mexico, then return to the USA, is part of the 90 days (why 12 weeks?)
https://uk.usembassy.gov/visas/non-i...gram-and-esta/

navman

A visa waiver is 90 days, she was planning on going back on 12th June (85 days), if she exits the US before the 12th June and returns after this date back to the US will this count as an overstay or will she be given a new admission?

Also we are citizens, if she wanted to really live here we can apply for Permanent residency

tht

the best place to get that information is here:

https://travel.state.gov/content/tra...r-program.html

”If you are admitted to the United States under the VWP, you may take a short trip to Canada, Mexico, or a nearby island and generally be readmitted to the United States under the VWP for the remainder of the original 90 days granted upon your initial arrival in the United States. Therefore, the length of time of your total stay, including the short trip, must be 90 days or less. See the CBP website. Citizens of VWP countries* who reside in Mexico, Canada, or a nearby island are generally exempted from the requirement to show onward travel to another country* when entering the United States. Learn more on the CBP website.”

SanDiegogirl

Yes it will be regarded as an overstay.... she should leave for the UK before the 90 days is up. She most certainly will not be given a new period of stay.

She needs to be in the UK to apply for a resident visa for the US,

navman

Or leave for a country non other than the ones on the list e.g. Costa Rica,, either way all good, she only wanted a few weeks more.

My question for future reference is if it is possible to apply for LPR whilst already in the US on VWP ?

Noorah101

It is illegal to enter the USA as a visitor with the intent to stay and adjust status to LPR.

Rene

christmasoompa

The advice is always to stay out for at least as long as in the US - going to another country and then immediately returning to the US runs the risk of her being refused entry and jeopardising future visits. So ideally she’d stay out for at least 12 weeks before trying to return.

SanDiegogirl

No.....

Rete

To nitpick that is not altogether true. Her daughter can apply for her mother's start of the Immediate Relative Visa (IR-1) while the mother is vacationing in the US. The mother has nothing to do with the filing of the I-130 and her portion of the visa application doesn't start until the I-130 approval and it has been passed on to the US Consulate in London for completion.

SanDiegogirl

True;;;; I took the OP's question as asking if family can apply to sponsor Mum while she is in the country on the VWP and MUM stays in the country while visa being processed.

navman

My Mum is leaving within VWP requirements, to all the folks that commented an update:

- I filed form I-130
- I have the option to adjust status (which means she could have stayed here), I chose not to as she does not want to be stuck here.

civilservant

A very smart decision, considering the potential consequences.