Timeline for Do stays in Canada/Mexico automatically count towards the US admission period under the VWP?
Current License: CC BY-SA 4.0
14 events
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| Jan 16, 2020 at 14:42 | history | edited | DJClayworth | CC BY-SA 4.0 |
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| Dec 3, 2019 at 15:23 | vote | accept | Crazydre | ||
| Aug 1, 2020 at 12:10 | |||||
| Oct 21, 2019 at 12:50 | comment | added | phoog | @MarkJohnson I don't know whether the CBP would note that. I only know what the law says and how they occasionally mischaracterize it. As this answer correctly notes, they tend to offer oversimplified explanations ("just an approximation to try to explain"), and the problem with that is that their officers sometimes it start to take these explanations too literally. So while the law gives them discretion to admit a traveler with such an itinerary, they publish information that implies that they have no such discretion. How they actually act will vary. | |
| Oct 21, 2019 at 7:08 | comment | added | Mark Johnson | @phoog If the traveler informed the CBP on the initial entry of using the US only for transit (both ways) and then > 90 in Mexico, would the CBP note this for future reference? Would they give leave to enter for the expected transit days? | |
| Oct 20, 2019 at 22:26 | comment | added | phoog | @jcaron the thirty day limit is applicable to automatic visa revalidation, so not relevant here. But you are right about "may be readmitted for the balance of the initial period of admission" (quoting from memory, so probably not verbatim). This implies that the other options are admission for a new 90-day period (think traveler returning for a week on day 89) and, of course, refusal of admission. | |
| Oct 20, 2019 at 22:21 | comment | added | phoog | @Midavalo the "round-trip ticket" requirement is satisfied if the return trip is within 1 year of the date of admission. | |
| Oct 20, 2019 at 20:50 | history | notice added | Mark Mayo | Needs citation | |
| Oct 20, 2019 at 20:44 | history | edited | DJClayworth | CC BY-SA 4.0 |
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| Oct 20, 2019 at 20:44 | comment | added | DJClayworth | I am not sure if the officer has discretion. I will edit to "will normally ", which I am confident is true. I'm guessing if you transit through the US, then return 80 days later and want to spend 20 days in the US you would be allowed, but immigration rules aren't always sensible. | |
| Oct 20, 2019 at 20:42 | comment | added | jcaron | I believe it is “you MAY be readmitted”, not “you will”, and it is to the appreciation of the CBP officer. Also IIRC there’s a mention of a “short stay” in Canada/Mexico/etc, the limit being usually placed at 30 days. | |
| Oct 20, 2019 at 20:35 | history | edited | DJClayworth | CC BY-SA 4.0 |
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| Oct 20, 2019 at 20:35 | comment | added | Midavalo | Additionally I believe entry to the US under VWP requires an onward ticket, so having one after the 90 days might help, but also might mean that the airline could be reluctant to let you board the first flight to the US | |
| Oct 20, 2019 at 20:33 | comment | added | Midavalo | I might add that it might be worth ensuring that the US is aware you have left after those few days before entering Canada/Mexico (in particular Mexico where there may be no passport check when you enter), otherwise when trying to re-enter after the 90 days it may look like you're just trying to reset the clock | |
| Oct 20, 2019 at 20:25 | history | answered | DJClayworth | CC BY-SA 4.0 |