Visa Waiver Program - ending before 90 days
I will be re-entering to US in a few days after 2 monnths of being away since my last VWP ended, I am travelling for 8 months around north and central America, I am returning to see friends for my Birthday for 2 weeks and then heading back to Mexico. However, I have a flight from LAX to London on May 10th because it is cheapest to fly from LAX and I can see some friends for another couple weeks before I leave. The problem arises that when I enter on the 5th the time between the 5th of Feb and the 10th of May exceeds the 90 days granted on the VWP.
I will be returning to Mexico after and as I understand any time spent in Canada, Mexico and other neighbouring Islands counts as time spent on the VWP.
Although I will be out of the country in Mexico and possibly Guatemala and Belize for 2 months I worry that I will have trouble entering the US at the end of April in order to fly home.
Am I able to somehow terminate the VWP when I leave the US and in order to be able to re-enter in April in order to fly home but not exceed the 90 days?
Best Answer
You almost have the rules except not and reading you is extremely difficult.
But first, not knowing how long have you stayed in the United States before it's hard to say whether being two months away is enough or not. We have confirmation on this site from CBP that being away 91 days as a rule of thumb is advised after staying 90 days but for shorter stays we have no information whether "stay out as long as you stayed in" is an applied rule of thumb or not. So if you left on December 1 and reentering on February and your previous stay started later than October 1 then you should be good for this otherwise it's anyone's guess. Despite you did not ask whether you'd be let in, it's important to consider it.
since my last VWP ended
This is a nonsensical statement. The VWP stands for Visa Waiver Program, it does not end and it is not yours to begin with. You either meant your ESTA which is valid for two years and valid for any number of visits and getting another is a trivial affair and so the end of is not material to the discussion or you meant a stay under the VWP rules. I will presume the latter.
Am I able to somehow terminate a VWP stay
I changed your words to make some sense as above but the answer is nope. Your I-94 terminates when you leave the USA (Canada, Mexico etc). If you leave the USA directly then it'll automatically be recorded as such, if you leave from Mexico or Canada then on your next visit you might need to provide proof.
My recommendation would be to leave Mexico for one of the Central American countries before you 90 days counting from your entry into the USA is up just to make sure. While two weeks in the USA, three months in Mexico and two weeks in the USA does not sound like a single USA visit under the current rules it is.
The CBP officer needs to make a decision based on whether you show an intent to live in the USA or not. Considering you quite probably have zero ties to your home country (being away eight months suggests so) you will have a hard time convincing them in case you need to.
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Can I stay more than 90 days with ESTA?
If you plan to stay longer than 90 days, you must obtain a visa at the nearest U.S. Embassy or Consulate. If you obtain a new passport or change your name, gender or country of citizenship, you will be required to apply for a new travel authorization.How long does visa waiver last?
The Visa Waiver Program (VWP) is administered by DHS and enables eligible citizens or nationals of designated countries to travel to the United States for tourism or business for stays of 90 days or less without first obtaining a visa.How do I reset my ESTA 90 days?
Where must you travel to in order to before returning on an ESTA to get a new 90 days? You must leave the whole North American region completely to reset this. You can't just pop to Canada or Mexico to try and reset the 90-day counter.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.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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