VWP: How long is a short stay in Mexico with the 90 day rule?
I currently found out about this topic and it has honestly stressed me a lot. I planned a trip with my family (wife + 2 small kids), I already bought the tickets (not cheap) and now I'm afraid of having to do changes.
A bit of background, my wife and I are from Mexico but live in Germany. I currently work there. My kids are 2 years and 8 months and both have only the Austrian passport.
We are travelling at the end of November to Houston, to visit family and in mid-December we travel to Mexico. There we stay until the 1st of March, when we return to Houston and leave for Germany on the 13th. What has caused me stress is that if you count the stay in Mexico, I'm staying a total of 106 days... when I really spend in the US about 30/35. I want to avoid having any issue. Besides, the problem would only be for my small kids because I am a US citizen and my wife has a visa.
On many official websites there is no information about the 90 days including Mexico. When it does, it mentiones that short trips to Mexico are included. But when I asked in the embassy they said that the time didn't matter and I would need to file for a visa. I honestly don't have the time or money for that.
I'm planning to call the CBP to discuss more about this topic. Has someone had a similar experience and could let me know how it went? I see no reason why 2.5 months in Mexico should be counted in the 90 days, besides... I have all the legal means to immigrate legally to the US if I wanted.
Update: I am Austrian, US citizen and Mexican. We all live in Germany and my wife is Mexican and has the tourist visa to the US, B1 if I am not mistaken.
Best Answer
Contrary to popular belief, the CBP can grant a new 90-day admission, if it's obvious that the person's not gaming the system to live in the US. 2.5 months in Mexico ought to suffice for that.
Pictures about "VWP: How long is a short stay in Mexico with the 90 day rule?"
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.Do I need a visa to stay in Mexico for 3 months?
A valid passport. Mexican authorities do not require a minimum period of validity of the passport; nevertheless, this document must be valid during the length of stay in Mexico. A properly completed Multiple Migratory Form (FMM); this form will be provided to you by the airline or at the port of entry.How long do I have to stay out of Mexico before returning?
There is no time limit to remain outside the country before re-entering using a new FMM\u2014and thus obtaining up to another (maximum of) 180 days to stay in Mexico.Can I enter Mexico after 180 days?
Mexico's visitor visa allows entry into the country for leisure or business visits lasting maximum 180 days. The immigration official at the port of entry will grant a specific number of days (not exceeding 180) when you arrive in Mexico.What is the Visa Waiver Program in USA | ESTA | Stay for 90 Days in the U.S.A | Zavala Texas Law
Sources: Stack Exchange - This article follows the attribution requirements of Stack Exchange and is licensed under CC BY-SA 3.0.