Can an Australian enter the USA once a month, from Mexico, under the Visa Waiver Program? [closed]
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The jist of the matter is that I have potential work in Los Angeles. I am an Australian citizen living in Australia. I had the idea of moving to Tijuana and basing myself there, entering the US (California) maybe once a month to confer with the people I work for, for 1-3 days.
The way I look at it, I will be an Australian citizen, freelancing while holidaying in Mexico. On top of that I would be entering the US for short periods to consult with business associates (listed as an approved action under the visa waiver's business section)
The thing I am worried about is that this stack exchange thread mentions that time spent in Mexico or Canada counts towards the 90 days total allowed in the US under all these rules. Would this be the case for me even if I am only spending maybe 5-10 days in the US during this 90 day period? It hardly seems like I am 'trying to live in the US and circumvent the 90 day limit' if I am barely even in the US.
Any advice appreciated.
Best Answer
Residents of Canada, Mexico, or the Caribbean are treated differently with respect to the rules designed to circumvent visa runs to Canada, Mexico, or the Caribbean.
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.
Source: https://travel.state.gov/content/visas/en/visit/visa-waiver-program.html
Most importantly, the rules concern travelers who take "short trips" to Canada, Mexico, or adjacent islands; you will not be such a traveler.
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How often can I travel to the USA under the Visa Waiver Program?
The Visa Waiver Program (VWP), administered by the Department of Homeland Security (DHS) in consultation with the State Department, permits citizens of 40 countries to travel to the United States for business or tourism for stays of up to 90 days without a visa.Is the Visa Waiver Program multiple entry?
Each approved ESTA application generally is valid for two years and allows for multiple visits to the United States within that period without having to apply for another ESTA approval. Travelers whose passports will expire in less than two years will receive an ESTA valid until the passport's expiration date.Is Mexico part of the Visa Waiver Program?
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.Can I enter the US with an ESTA from Mexico?
If you are a citizen of a country that participates in the Visa Waiver Program (VWP), and you enter the U.S. by land from Mexico or Canada, you are only required to complete the paper I-94W form at the land border crossing. ESTA is currently required for air and cruise ship travel only.About Visa Waiver Program | How to travel in US without a visa | Visa Waiver Program USA 2021 | DHS
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