Entering the United States on a return ticket from Mexico under the VWP

Entering the United States on a return ticket from Mexico under the VWP - Abraham Lincoln Statue

I am a UK citizen intending to travel to the United States via Mexico in order to see my fiancee. I will spend the necessary fourteen days there before traveling onward to the US in order to circumvent the travel ban that is currently in place. I have a valid ESTA and seek to be admitted under the Visa Waiver Program.

My planned itinerary involves two return tickets, one between the UK and Mexico, and the other between Mexico and the United States. The plan is that I will travel to Mexico, spend the necessary fourteen days before traveling onward to the US on a separate return ticket, which would then take me back to Mexico to complete the return leg of my initial ticket. This is significantly cheaper than booking three separate one-way tickets that would allow me to fly directly back to the UK.

However, it's just come to my attention that the eligibility requirement under 8 USC 1187(a)(8) may prevent me from doing this. It reads as follows.

(8) Round-trip ticket

The alien is in possession of a round-trip transportation ticket (unless this requirement is waived by the Secretary of Homeland Security under regulations or the alien is arriving at the port of entry on an aircraft operated under part 135 of title 14, Code of Federal Regulations, or a noncommercial aircraft that is owned or operated by a domestic corporation conducting operations under part 91 of title 14, Code of Federal Regulations).

The round trip ticket is defined under 8 CFR 217.2(a) as follows.

Round trip ticket means any return trip transportation ticket in the name of an arriving Visa Waiver Pilot Program applicant on a participating carrier valid for at least 1 year, electronic ticket record, airline employee passes indicating return passage, individual vouchers for return passage, group vouchers for return passage for charter flights, and military travel orders which include military dependents for return to duty stations outside the United States on U.S. military flights. A period of validity of 1 year need not be reflected on the ticket itself, provided that the carrier agrees that it will honor the return portion of the ticket at any time, as provided in Form I-775, Visa Waiver Pilot Program Agreement.

So far, this is no problem. However, the restriction mentioned under 8 CFR 217.2(c)(1) is what leads me to doubt if I am actually admissible under such arrangements. It reads as follows.

(1) Applicants arriving by air and sea. Applicants must arrive on a carrier that is signatory to a Visa Waiver Pilot Program Agreement and at the time of arrival must have a round trip ticket that will transport the traveler out of the United States to any other foreign port or place as long as the trip does not terminate in contiguous territory or an adjacent island; except that the round trip ticket may transport the traveler to contiguous territory or an adjacent island, if the traveler is a resident of the country of destination.

The problem here is that my ticket to the United States is a return ticket to Mexico, making it seem as if I could be falling foul of 8 CFR 217.2(c)(1) as my ticket does indeed terminate in a contiguous territory in which I am not a resident.

Does the fact that I have a separate return ticket from Mexico to the UK less than eight hours after returning there overcome this ineligibility? It seems to depend on whether the trip refers to my travel itinerary as a whole, or to just the the aforementioned "round trip ticket" required under 8 USC 1187(a)(8).



Best Answer

Your plans are fine under the VWP rules you mentioned. See below for issues about going to visit a fiancee.

The key phrase you cited is "as long as the trip does not terminate in contiguous territory or an adjacent island". This is because the 90 days allowed under VWP may include any time you spend in continguous territories or adjacent islands after entering the US.

Allowed under VWP (what you asked about): UK to Mexico, Mexico to US, US back to Mexico, Mexico back to UK, all within 90 days and all tickets in hand.

Disallowed: UK to US, stay for 40 days, US to Mexico, stay in Mexico for 40 days, return to US and stay another 11 days. Disallowed because you would stay in the US past 90 days from the initial US entry.

Gray area: UK to US, stay for 40 days, US to Mexico, stay for 6 months. Gray area because it is unclear whether staying in Mexico for 6 months counts as terminating the trip there. Probably still acceptable as long as you already have tickets out of Mexico and can clearly explain your plans.

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You also mentioned "to see my fiancee". This can be a potential problem because some US officials (incorrectly) think that entering the US to see one's fiancee should only be done with a K-1 fiancee visa. Under 9 FAM 402.2-4(B)(1) you should be able to get a tourist visa to visit your fiancee temporarily, which implies that it should also be possible to do so under VWP. Here are some more resources about this issue: 1, 2, 3.




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Can you enter the US without a return ticket?

Travelers entering by air or sea must also have a return/onward ticket out of the United States. If the return/onward ticket terminates in Canada, Mexico, Bermuda, or any Caribbean island, the traveler must be a legal resident of that country/territory. If traveling by land, there is a $7 fee when crossing the border.

Who needs VWP?

Who is required to apply for ESTA? All eligible nationals or citizens of VWP countries who plan to travel to the United States for temporary business or pleasure under VWP are required to receive an authorization through ESTA prior to boarding a U.S.-bound airplane or vessel.

What are the procedures to travel to USA?

All travelers entering the United States from all other countries need a passport upon arrival (regardless of their country of citizenship). Permanent residents and foreign nationals may also need a U.S. visa. You must apply for a visa before you start your trip.

What is a VWP country?

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.



About Visa Waiver Program | How to travel in US without a visa | Visa Waiver Program USA 2021 | DHS




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