sbe86

Hi all,

I have just booked a flight on 30th April for a 10day trip and have since done a bit of research which is now making me rather nervous. As you can probably see from my previous posts, i stayed in the US for almost 90days last year, went to Mexico for a week and returned to the US for another month. When at POE after Mexico i was stamped for another 90 days, hence the reason i stayed a little longer(i didnt need to rush home and didnt think i was overstaying as i handed in my I-94 when leaving the US and filled out a new one when returning).

I have just come across this info which now makes me think i may not be eligible to use the VWP as in the US immigrations eyes i may have overstayed:

"Travelers who qualify for visa free travel under the Visa Waiver Program are eligible to transit the United States. If transiting the United States to a destination in Canada, Mexico or the adjacent islands, the traveler may re-enter the United States on the return journey using any mode of transport, as long as the total visit, including both periods of time spent in transit and in Canada, Mexico or the adjacent islands, does not exceed 90 days."

The way i see it is that i did leave the US and the clock on my 90days stopped. Then i re-entered on a new I-94 and the clock started again (i then left the US about 1 month into my second 90days on October 24th and havent been back since). As i fly in less than 3 weeks i doubt i would be able to get a B2 visa in time, but im now worried im going to get to the POE and they are going to say im not eligible to travel on VWP! I filled out ESTA before i went last summer, so that is still vaild.

Any advice would be greatly appreciated!

S Folinsky

Comment: there is always a possibility of refusal.

A Groucho Marx moment: What is the magic word? "Transit."

Observation: it seems from these posts that many people have thought they needed to do a new ESTA. Query: what happened to such people?

ajb1701

Then by your own admission you have not overstayed your time. If you had I think they would have revoked the esta. If the esta is approved your a good to go. You can travel on the same flight route every time you fly that what my friend has done 4 times the same flight Chicago American Airlines 93 I think the number is from Manchester then he boards the connecting flight he wants I think he has been to Vegas 3 times and Chicago once. Always the same flight number and route and the same first night information he stays in the same airport hotel then flys on to vegas the next day. He got scammed with his he paid the travel agent charged him like ten quid to do it when he booked his first Chicago flight and he like I paid for it I am gonna keep the same flight for two years

lifehouse51

Summary: In your case, your I-94W from the first trip was collected before the 90 days' up, and you were issued a new I-94W upon entry. Technically two separate trips to the U.S. were recorded, although it's possible for them to see that you left for Mexico from your first trip and enter from Mexico for your second trip, because you did take flights.

Observation: It's hard to tell what border agents will think of records like that, because there's a POSSIBILITY that you can go to Mexico in TRANSIT, then on the way to say, the UK, and later back to Mexico IN TRANSIT, then back to the U.S., and never overstayed under VWP. Therefore, records like yours don't necessarily prove that you have overstayed. Although you shouldn't lie, you do not have to bring up issues unless you're asked about it.

Another Observation: Your ESTA approval is still valid, no need to reapply and you can still travel. If you're afraid of denial to entry to the U.S. and waste your time travelling, you can considering using an airport with U.S. Pre-Clearance facility (Canada, Ireland, etc.)

crg

I agree with lifehouse. I don't believe a new ESTA is in order.

The 90 day period keeps running from the time the person is admitted to the US. If they depart to Mexico on day 60 and stay for a week and come back to the US on day 67, that are often readmitted on the same VWP entry for the remaining 23 days.

Although trips to contiguous territory/adjacent islands won't usually reset the clock, the border guards have the discretion to grant a whole new 90 day period of admission.

If you departed to Mexico before the 90 days, and received a new 90 upon return, I don't see any violation there.

Of course, the VWP doesn't afford much protection for the traveler.

lifehouse51

Even though I still have 1 year+ validity on my ESTA, the frugal part of me wanna reapply for ESTA right before they start charging the $10 fee (A Fee charged to TOURISTS to *Support* Tourism advertisement ), which will probably come into effect anytime now. After reading some of the threads though, I decided that it was not worth it...

S Folinsky

Observation: the worth of an action is up to the person involved. People who are risk adverse often use "belts and braces" approach. Back in the '70s, I was involved in employer pension planning -- a valuable lesson that what was a "legal" minimization of employer contribution was not practical and that the administrative costs would eat up any savings. The employer and the employees would actually be in a "win-win" situation with the slightly increased contributions.

Bladerunner

When the OP returned from Mexico he was officially granted a 90 day stay in the US. He stayed a month and left. He was admitted legally, did not overstay, and has therefore done nothing wrong.

lifehouse51

I agree with what you say. I think the OP was worried that border agents have made mistakes in issuing a new I-94 and he would still be considered as overstayed his VWP status.

S Folinsky

Comment: OP also quoted the information which provided the answer to his question. It seems that he did not carefully examine it.

lifehouse51

Were you referring to his quote that it applies to people who were IN TRANSIT from the U.S. to Canada/Mexico, then later return to the U.S.?

However, my understanding is, even if he entered the U.S. via the VWP, later makes a short trip to Mexico/Canada, then re-enters the U.S., then "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"
From the CBP Website: http://www.cbp.gov/xp/cgov/travel/id...re/vwp/vwp.xml