Visiting the US under ESTA for 90 days,then Mexico for 90 days, can we return to the US to catch a flight home to Ireland?
My partner and I live in Ireland and are currently visiting family in the US under the ESTA scheme. We are staying for the 90 days allowed. We just decided to go for three months to Mexico and drive up to San Francisco. But we need to get into the US to get our flight home, for which we already have the tickets.
Would that be a problem?
Best Answer
Technically a visit to Mexico does not 'reset the clock' on your 90 days of allowed stay. However the purpose of that rule is to prevent people making 'visa runs' across the border at the end of their ninety days and immediately starting a new 90 days. If you are clearly not doing that you shouldn't have a problem.
The actual standard for a Visa Waiver Program (which is actually what allows you to stay in the US - ESTA is just permission to get on a plane) is "short, occasional visits". It's the immigration officer's judgement as to whether that is the case. Maxing out your 90 days didn't help you, but being 90 days in Mexico is certainly a big help. The shorter the time you spend in the US after that the better it will be. Driving straight up to San Francisco and getting right on a plane home shouldn't be a problem. Obviously you need to have all the documents that show you will be actually leaving the US at the ready.
Theoretically an immigration official can deny you entry if he doesn't like your story, but it isn't likely in this case.
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Can I leave and come back after 90 days on ESTA?
There is no limit on the number of times you may enter the U.S. under either ESTA of a visa. However, if reentering the U.S. using ESTA soon after staying for nearly 90 days, you can expect to be questioned in detail by the immigration officer about the purpose of your visit.Can I enter the U.S. 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.How long do you have to leave the U.S. before returning?
There is no set period you must remain outside the USA before returning but: "When traveling to the U.S. with the approved ESTA, you may only stay for up to 90 days at a time - and there should be a reasonable amount of time between visits so that the CBP Officer does not think you are trying to live here.Can I leave and reenter the U.S. on ESTA?
Minimum waiting period between two trips to the USA with an ESTA. Travellers are not allowed to leave the United States for a short while and then come back solely to refresh the 90-day validity period. Even so, there is no official minimum required waiting period between two trips to the USA with an ESTA.What is the Visa Waiver Program in USA | ESTA | Stay for 90 Days in the U.S.A | Zavala Texas Law
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