Overstaying on the I-94 Visa Waiver Form

[TommyRutland 0]

Hi there!

I am in the US on a 90 day Visa Waiver form

I am from Australia

next week I plan to go to Rosarito/Tijuana Mexico for a 3 day vacation trip.

The issue is that I will be crossing the border on the day that my I-94 Visa waiver ends.

Feb the 15th is the date I am aloud to stay in the country till.

My flight home to Australia is actually on March the 22nd and I will be over staying by I-94 1 month and 1 week

I am aware that once I go home to Australia I may have issues returning back in to the states at a later date

my question is what are the issues I may face at the Mexican border both leaving the US and returning on the 20th of Feb

I have spoke with an immigration lawyer 'on line' and he seems to think if i supply enough proof that I am leaving on March the 22nd and have ties back home in australia then this will suffice. So if I can prove a do not have intent to live and work in the united states that it will be ok.

I will be supplying

1. My flight itinerary proving I am returning to Australia March the 22nd

2. A letter from my work stating i am due an expected back to work after March the 22nd

3 Utility bills with my name on it in Australia proving my residence in Aus

any help would be greatly appreciated!

[Mollie09 1,543]

You have to go through US immigration on your way back from Mexico, and your clock doesn't reset when you leave the US for Mexico. They won't let you back in if you've already overstayed.

Oh, and fire that lawyer.

[aaron2020 11,651]

You need to change your flight plans. You are not going to be allowed back into the U.S.

The U.S. is not going to accommodate your bad choice in planning flights that clearly violate US immigration laws.

If you wanted more than 90 days in the US, then you should have gotten a visitor visa.

You chose not to get the visa, so now you have to make accommodations to help yourself comply with US laws.

Edited February 9, 2015 by aaron2020

[az2014 381]

Quite unbelievable that you are actually willing to overstay like this voluntarily.

Why put yourself through the hassle of never being able to use the VWP again?

[Jawaree 717]

Plan to fly from Mexico to AU if you must go there,,, you will

not be allowed back, the atty seem clueless

[Boiler 43,485]

He is hopping for a VWP reset, has happened in the past, has also not happened.

Just wondering if you rebooked your ticket for this later date.