"Daniel Rolf" wrote in message
Newsbeitrag
> >
> > > Hi,
> > >
> > > we plan to travel US for about 5 weeks, then go to Mexico for about 6
> > weeks
> > > and then come back for about 6 weeks, about 120 days all together.
> > >
> > > I know that we can enter the USA without a visum for 90 days (german
> > > citizens). Does this period re-start if we re-enter the USA from
Mexico?
> >
> >
> > No
> >
> > >Or
> > > do we have to get a "real" visum?
> >
> > Yes, see
> >
> >
<a rel="nofollow" style='text-decoration: none;' href="http://www.immigration.gov/graphics/shared/lawenfor/bmgmt/inspect/vwpp.htm" target="_blank">http://www.immigration.gov/graphics/shared/lawenfor/bmgmt/inspect/vwpp.htm</a>
> >
> > Keith
> >
> >
>
> In
>
<a rel="nofollow" style='text-decoration: none;' href="http://www.immigration.gov/graphics/shared/lawenfor/bmgmt/inspect/vwpp.htm," target="_blank">http://www.immigration.gov/graphics/shared/lawenfor/bmgmt/inspect/vwpp.htm,</a>
> they say
>
> "Generally, VWP applicants admitted under the VWP may be readmitted to the
> U.S. after a departure to Canada or Mexico or adjacent islands for the
> balance of their original admission period, provided they are otherwise
> admissible and meet all the conditions of the VWP, with the exception of
> arrival on a signatory carrier - in which case the inspecting officers
have
> the discretion to grant the applicants entirely new periods of admission."
>
> Does that mean that if we leaf USA and stay in Mexico for some weeks and
> reenter USA, this time is not involved in the 90 day period, i.e. leaving
> USA after 60 days, staying in Mexico for 40 days, reentering USA for 30
days
> is lawful?
>
In general the time spent in Mexico or Canada is counted as part of the
90 days. What happens when you enter the US on the Visa Waiver program
is you passport is stamped with the entry data and endorsed as valid for 90
days.
At the same time the stub of the visa waiver form is staple in. When you
leave this stub is removed by the airline and passed to the US authorities
who
record your date of departure.
When crossing the land border into Canada they do NOT do this
so as far as the US immigration authorities are concerned you are
still in the USA. In your example when you tried to reenter the
USA the system would show you never left the country and had
overstayed the visa. This could cause you considerable problems
The wording of the regulation suggests that individual inspectors MAY
at their discretion extend this by granting an entirely new period of
admission
when you cross back into the USA. There is no guarantee that they will
and you would have to persuade them of the merits of your case at the border
and pay the appropriate fee for a visa waiver issued at a land border
Given the heightened security with regard to US entry I strongly recommend
that you apply for a visa before travelling, note
that processing a visa request will take at least 30 days and you
may well need to visit a US consulate for interview.
Keith
>> Stay informed about: Visa-Free 90 Day 
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