Leaving Mexico after 90 days as part of ESTA requirements

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The situation is this: my fiancée has traveled to Mexico from the UK, and we had a short layover of 3 hours in NYC, then headed to Mexico where we planned to stay for 180 days as she was allowed on her Mexican visa. Though, someone at the airline told her that because she touched us territory with the 3 hour layover done in the us, she is still under ESTA laws and needs to leave Mexico too, before 90 days instead of 180.

We have a plane ticket going back to the uk, direct flight with no layovers in the us, nor any intention of going back to the us at the moment. The question is if she needs to leave Mexico to not have problems with the us law in the future, or if going back to the uk in a direct flight, even after her 90 days of Esta are done, will reset her clock and allow her to enter the us in the distant future.



Best Answer

[S]omeone at the airline told her that because she touched us territory with the 3 hour layover done in the us, she is still under ESTA laws and needs to leave Mexico too, before 90 days instead of 180.

This is not correct. The 90-day rule for the Visa Waiver Program only concerns travelers who wish to re-enter the US within 90 days after entry. Border officers are permitted to readmit them for the duration of the initial 90-day period instead of granting a new 90-day period. A traveler who seeks to re-enter the US after the expiration of the 90-day period can only be granted a new 90-day period (or be denied entry, of course). Since your plan is to return to the UK without transit through the US, you do not need to worry about that.

In no event can US law control when someone in Mexico is required to leave Mexico, of course, and the US will not keep track of your fiancée's travels after she flies to Mexico. In particular, it will not know when she leaves Mexico.

Furthermore, the answer to your question …

[Will] going back to the uk in a direct flight, even after her 90 days of Esta are done, … reset her clock and allow her to enter the us in the distant future[?]

… is yes. The only potential problem would be if she arrived in the US from Mexico, Canada, or the Caribbean, but if this truly happens in "the distant future," the chance of such a problem is virtually nil.

For reference, the regulation that creates the "clock not resetting" rule is 8 CFR 217.3(b):

(b) Readmission after departure to contiguous territory or adjacent island. An alien admitted to the United States under this part may be readmitted to the United States after a departure to foreign contiguous territory or adjacent island for the balance of his or her original Visa Waiver Pilot Program admission period if he or she is otherwise admissible and meets all the conditions of this part with the exception of arrival on a signatory carrier.




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How long do you have to leave the US before returning on an ESTA?

Therefore, the length of time of your total stay, including the short trip, must be 90 days or less.

Can I stay more than 90 days with ESTA?

The ESTA lasts for up to two years after it is granted. During this period, travellers (EU and UK citizens) are allowed to make an unlimited number of trips to the USA. Each stay can last a maximum of 90 days. However, the validity of the ESTA can, in certain cases, expire earlier.

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.

What happens if you stay in USA over 90 days?

If you change your plans during your trip and plan on staying for more than 90 days, you cannot obtain the needed Visa while in the USA. You will have to return home and only then can you apply for the Visa and travel back to the USA.



Leaving Mexico as temporary residents for the first time - immigration form (FMM) requirements




Sources: Stack Exchange - This article follows the attribution requirements of Stack Exchange and is licensed under CC BY-SA 3.0.

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