What proof is needed to reenter the US by land at 96 days on VWP?

What proof is needed to reenter the US by land at 96 days on VWP? - Rocky formations in desert with bushes

Some friends flew into the US (LAX) under the VWP and drove into Tijuana, Mexico. They will be in Mexico for 2 months before flying to El Salvador, Costa Rica, and Colombia for a month and then back to Mexico.

They are booked to fly out from LAX 96 days after first arriving, and will be driving back to Los Angeles from Tijuana on that last day.

Because this is past the 90 days permitted on VWP, and because the further flights were from/to Mexico, what evidence (if any) would be needed to cross at the land border back into the US?

I understand that because they traveled to South America they are within the rules, however the US CBP won't have evidence that they have left the US until day 96 when they try to re-enter.

This is a similar question to Can I acquire a second ESTA a month after the first ended for the purpose of transit? however that Q&A doesn't mention the land borders.






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What proof is needed to reenter the US by land at 96 days on VWP? - Picturesque scenery of grassy field near rough rocky formations in Monument Valley located in United States in sunny day
What proof is needed to reenter the US by land at 96 days on VWP? - a seal sits up to soak in some extra sun while other seals sleep
What proof is needed to reenter the US by land at 96 days on VWP? - From above of closeup flattering national flag of USA with white and red stripes and stars on blue background



Can I return to the US after 90 days?

You must apply for a visa (B2 visa) if you want to stay in the U.S. for more than 90 days, no matter what the reason. You must apply for a visa (B1 visa) if you are traveling to the U.S. for employment or business purposes involving remuneration, even if not staying longer than 90 days.

Do I need ESTA to enter US by land?

Visitors to the US who intend to enter the country by land must get a valid ESTA before arrival. Travelers are advised to request their travel authorization at least 72 hours before departure, in case of delays.

How long can you stay outside US 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.

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.



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




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Images: Dziana Hasanbekava, Daniel Torobekov, Hensley Carrasco, Karolina Grabowska