VWP or B2 Tourist Visa

[Sinuous 0]

Hi there,

I am an Australian citizen and I intend to travel to the United States in following couple months and needed some help understanding the visa situation.

My current plan is to fly from Sydney on the 10th of February to Mexico City via Los Angelas then the following:

Mexico City 10th-16th Feb

Cuba 16th to 26th Feb

Mexico 26th Feb - 5th March

United Sates (first stop Miami) 5th March to 1 June - will stay in US for no more than 90 days

I am unsure on what visa I must get...

I understand that the VWP is for a 90 day or less stay in the US; however, the days in Mexico and Cuba, count towards the VWP, hence must I apply for a B-2 visa? or can I get another VWP in Mexico or Cuba so that when I re-enter the states I can stay up to 90 days again...

Any assistance or clarification on the type of visa I must get would be greatly appreciated.

Cheers.

[canadian_wife 1,791]

Umm...where did you read that time in Mexico counts towards your US VWP?

good luck

[Sinuous 0]

Trips to Canada, Mexico, or nearby Islands

If you are admitted to the United States under the VWP, you may take a short trip to Canada, Mexico, or a nearby island and generally be readmitted to the United States under the VWP for the remainder of the original 90 days granted upon your initial arrival in the United States. Therefore, the length of time of your total stay, including the short trip, must be 90 days or less. See the Customs and Border Protection (CBP) website.

http://travel.state.gov/content/visas/english/visit/visa-waiver-program.html

From website and embassy website :S

Cheers!

[Sinuous 0]

I forgot to add that I have dual citizenship British and Australian...

So could I go in on the Australian the first time and then when I re-enter go in on the british passport with the new VWP...

or is this way to dodgy?

[canadian_wife 1,791]

The first sentence says IF YOU ARE ADMITTED TO THE US

It looks like you'll be admitted to Mexico first. Your VWP 90 days starts when you enter the US, not mexico

For example. Fly into Maimi for 3 weeks, Mexico for 3 weeks, Maimi for 6 weeks --> then the middle trip to Mexico would count towards your VWP time because you've already been admitted into the US

Please clarify if you'll be admitted to the US BEFORE you go to Mexico

good luck

[JohnR! 5,495]

With that itinerary your VWP privileges apply. Your time in Mexico or Cuba won't count towards the 90 days you're allowed under VWP. You should be OK. Just be prepared to provide financial evidence as to how you'll pay for your nearly three-month stay in the US at the tail end of your trip.

Good luck!

Hi there,

I am an Australian citizen and I intend to travel to the United States in following couple months and needed some help understanding the visa situation.

My current plan is to fly from Sydney on the 10th of February to Mexico City via Los Angelas then the following:

Mexico City 10th-16th Feb

Cuba 16th to 26th Feb

Mexico 26th Feb - 5th March

United Sates (first stop Miami) 5th March to 1 June - will stay in US for no more than 90 days

I am unsure on what visa I must get...

I understand that the VWP is for a 90 day or less stay in the US; however, the days in Mexico and Cuba, count towards the VWP, hence must I apply for a B-2 visa? or can I get another VWP in Mexico or Cuba so that when I re-enter the states I can stay up to 90 days again...

Any assistance or clarification on the type of visa I must get would be greatly appreciated.

Cheers.

[Boiler 43,430]

The only issue I see is the very long stay.

[Sinuous 0]

Thanks for all the help!

Technically I will be admitted to the US since I transit in LA to get to Mexico... The US forces you to pass through customs and immigration....

http://wikitravel.org/en/Avoiding_a_transit_of_the_United_States

So that 1 hour period I am guessing will mean that I have entered the US if I am not mistaken, so my 90 days starts from then.... or am I mistaken.

Thanks so much everyone btw! Appreciate all the help.

[JohnR! 5,495]

You'll be in transit though, which doesn't count towards the 90-day limit. The reason these side trips to Mexico and the Caribbean don't reset the clock was put in place to prevent the practice whereby many individuals would go to Mexico for a couple of days at the end of their allowed stays in the US, only to return and be given another 6 months or 90 days.

It is obvious that is not your case, and ultimately your allowed stay in the US will be determined by the CBP upon arrival once you return to the US.

Thanks for all the help!

Technically I will be admitted to the US since I transit in LA to get to Mexico... The US forces you to pass through customs and immigration....

http://wikitravel.org/en/Avoiding_a_transit_of_the_United_States

So that 1 hour period I am guessing will mean that I have entered the US if I am not mistaken, so my 90 days starts from then.... or am I mistaken.

Thanks so much everyone btw! Appreciate all the help.

Edited January 7, 2015 by JohnR!

[Sinuous 0]

Hmmm... ok... I just found this however:

http://canberra.usembassy.gov/transit-visa.html

"Visa Waiver Program

Australians and nationals of 35 other countries, including New Zealand and the U.K., traveling to the U.S. for business or pleasure may be eligible for visa-free travel under the Visa Waiver Program (VWP) if certain conditions are met. These include, staying less than 90 days, traveling via a commercial carrier and with a return ticket, traveling on a machine readable passport, and having no criminal convictions.

Please note, however, that under the VWP, time spent in Canada and Mexico and adjacent islands counts towards the maximum of 90 days stay allowed under the program. If for instance, you are transiting the U.S. on a 6 month trip to Canada, you cannot travel on the Visa Waiver Program, as your total stay in the U.S, Canada, Mexico, and adjacent islands exceeds 90 days. In this case you would need to apply for a B-1/B-2 'visitor' visa, or a C-1 Transit Visa."

Which I think answers my question and I am forced to get a b2 "visitor" visa....

Edited January 7, 2015 by Sinuous

[canadian_wife 1,791]

I disagree, you are transiting through the US upon your first arrival, I do not think you are formally admitted

good luck

[JayJayH 546]

I'd be surprised if the US even considers Cuba and "adjacent island." But that isn't really the issue here.

You'll be transiting the first time, not admitted as a tourist as far as I'm aware.

Hmmm... ok... I just found this however:

http://canberra.usembassy.gov/transit-visa.html

"Visa Waiver Program

Australians and nationals of 35 other countries, including New Zealand and the U.K., traveling to the U.S. for business or pleasure may be eligible for visa-free travel under the Visa Waiver Program (VWP) if certain conditions are met. These include, staying less than 90 days, traveling via a commercial carrier and with a return ticket, traveling on a machine readable passport, and having no criminal convictions.

Please note, however, that under the VWP, time spent in Canada and Mexico and adjacent islands counts towards the maximum of 90 days stay allowed under the program. If for instance, you are transiting the U.S. on a 6 month trip to Canada, you cannot travel on the Visa Waiver Program, as your total stay in the U.S, Canada, Mexico, and adjacent islands exceeds 90 days. In this case you would need to apply for a B-1/B-2 'visitor' visa, or a C-1 Transit Visa."

Which I think answers my question and I am forced to get a b2 "visitor" visa....

[az2014 381]

I disagree, you are transiting through the US upon your first arrival, I do not think you are formally admitted

good luck

You may disagree but you are simply wrong.

Transitting through the USA you still need a valid visa/vwp. Going to Mexico via the USA, the 90 days will start as soon as you initially enter the USA.

Edited January 8, 2015 by az2014

[jan22 2,898]

Please follow your own instincts and trust the research you have done. You are correct -- even though you are transiting the US, you will be formally admitted, so your VWP clock will start the day you transit. The US did away with the "transit without a visa option" shortly after 9/11 -- everyone now, as your research has shown you, must formally enter the US even if they are going to leave immediately. Although it might cost a bit more (and a change fee, of you already have the ticket), I would suggest you explore ways to restructure your trip so you enter Mexico first or use Canada as the transit point to Mexico on your first leg. (There used to be, for example, a Singapore/Tijuana flight -- with lots of TJ to Mexico City flights every day.) Your timing of your US entry would then work without any issues.

Otherwise, to use this itinerary, you will need to apply for and be issued a B2 tourist visa -- with no guarantees you will be approved for one and then you would most likely have problems using the VWP for the trip.

Edited January 8, 2015 by jan22

[canadian_wife 1,791]

You may disagree but you are simply wrong.

Transitting through the USA you still need a valid visa/vwp. Going to Mexico via the USA, the 90 days will start as soon as you initially enter the USA.

Huh! I't appears I am

I am transiting through the U.S. on my way to another country. Can I use VWP?

Yes, as long as your total stay in the U.S., Canada, Mexico and adjacent islands is less than 90 days, and you meet the other VWP requirements. You can use the VWP if, for instance, you are transiting the U.S. on a journey between Australia and Europe, or are transiting Guam between Australia and Japan.

However if for example you are transiting the U.S. on the way to a 6 month stay in Canada, you cannot use the VWP, as your total time in the U.S., Canada, Mexico and the adjacent islands will be over 90 days. In this case you should apply for a B-1/B-2 visitor visa, or a transit visa.

http://curacao.usconsulate.gov/visa_waiver_program.html