US reentry after staying in Mexico two years / Non visa waiver
I would appreciate any advice regarding US reentry after traveling around Mexico for two years. Here is the situation:
- I am from New Zealand.
- I obtained a 10 year US multi-entry visa. I did not use my Visa Waiver Program as I wanted to stay in Mexico for more than 90 days.
- I transited through US and was given a B-2 visa to do so. I flew out of the US the same day I arrived (did not even leave the airport).
- The date on my B-2 visa has now expired, but I am not sure if this is relevant.
- I have stayed in Mexico for two years on an FMM (I am aware of my situation regarding this).
I am now planning a trip to the US for a few days but I am concerned I will be considered an overstayer by the US as I did not leave Mexico.
Does this rule only apply on the Visa Waiver Program?
I am concerned I will be forced to return to my home country because I want to return to Mexico after my visit (I will be applying for full residence shortly).
I have tried to do everything right by US Customs but I am worried I have inadvertently broken the confusing rules.
Best Answer
The only relevance of Mexico to the visa waiver program is that, if you enter the US on VWP, you can't make a short trip to Mexico to start a new 90-day period on VWP. So, for example, if you spend three weeks in the US, followed by a week in Mexico, followed by another three week in the US, the US will treat this as if you spent all seven weeks in the US. In particular, you can't spend 90 days in the US, go to Mexico for a couple of days and then come back to the US on VWP for another 90 days. Canada and the Caribbean are treated the same way, for what it's worth.
You haven't made a short trip to Mexico, so all of this is irrelevant to you. The US isn't going to think that you spent two years in Mexico just to get around US rules about visit duration.
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How long can you stay in the US with a waiver?
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.Can I travel to the US with a waiver?
US Waivers enable a foreign national to travel to the United States with a criminal record that would otherwise render them ineligible to cross the border. A US Travel Waiver requires a person to get fingerprinted in order to obtain their Royal Canadian Mounted Police or RCMP criminal file via Form C-216C.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.What happens if you overstay Visa Waiver Program?
If the visitor accrues unlawful overstay under the Visa Waiver Program, the visitor will be permanently barred from the program. In order to travel to the United States thereafter, such individuals would have to apply for a visa at the U.S. Embassy and may face with the refusal of their visa application.What is a Visa Overstay? Consequences and Solutions to Over staying a Visa
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