Visiting Mexico and coming back to US after i-94 expires

[jeroen 0]

Dear all,

 

This forum has been extremely helpful for me so far, thanks! I still have a question about my specific visa situation, which I hope you could help answer.

 

My situation: I'm a research scientist employed by a university in the Netherlands, and I'm currently visiting the US for a few months for a collaboration with people at a university here (we're writing a paper together). I'm was admitted to the US on a B1/B2 multiple entry visa that's valid through about 2025. My passport is valid until about the same time.

 

When I entered the US in March, the immigrations officer stamped my visa and gave me an i-94 until the day after my flight back home, which is in mid-June. Last week, however, I got accepted for a two-week academic summer program in the US, which starts in late June. Since I can't outstay my i-94, I suppose I have two options:

1. Extending the i-94 by filing an i-539 form, which costs $370 and could be rejected;

2. Leaving the US and coming back after two weeks for the summer program.

 

In case 2, I could go back home for two weeks, but the option of visiting Mexico seems more appealing to me. So my question is: if I leave from the US to Mexico a few days before my i-94 expires, and I try to enter the US a few weeks later from Mexico (not my home country), will I experience any trouble at the border? I will make sure to book my flight back home to the Netherlands in advance and to bring proof of employment in NL to the border, so I can prove that I have no reason to stay after the summer program ends.

 

It's probably important to know that I will not earn course credit or something like that at the summer program, so I shouldn't need a student visa. If I didn't have a tourist visa for the US, I would travel under the visa waiver program.

 

Thanks for any advice you can give!

 

- Jeroen

[Transborderwife 4,666]

Option two will most likely cause you a hassle and possibly an expedited removal home.  I'd try for the extension 

[Mollie09 1,543]

Going to Mexico or Canada doesn't reset your I-94. That won't work.

Edited April 8, 2017 by Mollie09

[Coco8 1,042]

Yeah, going into Canada or Mexico would not work. Maybe one of the Caribbean countries could work, like the Bahamas (I once went there when I had to switch between two visas I had stamped on my passport), but I'm not 100% sure. 

 

With all the hassle, you might be better off finding a cheap flight to the Netherlands. It might turn out to be even cheaper and it you won't get into trouble. It can look suspicious that you are spending so much time in the US. I know a scientist who comes often for conferences and last time he almost didn't get into the country. The officer at the airport said it was suspicious he was coming so often (and this was two years ago) and grilled him with questions, asked for evidence of the conference, funds, etc.

Edited April 8, 2017 by Coco8

[KierenHby 899]

Crossing the border within North America does not reset the i94. 

[KierenHby 899]

Best to return to the home country. Easy to cancel admission, etc if denied US admission. 

South America may or may not work.. and may get hassled at US poe. Or with a Dutch pp try your luck with Aruba, etc. 

[Boiler 45,666]

When did you enter the US?

[jeroen 0]

Thanks everyone for the replies!

 

Just to be clear, by going to Mexico I wouldn't try to extend my current i-94 (i.e. come back before i-94 expiry and hope to 'reset' it); instead my i-94 would simply expire while I'm away and when I come back to the US I would try for a new entry with a new i-94 on my multiple-entry visa. Still, I can well imagine how it would look suspicious/weird to the immigrations officer when someone attempts multiple entries to the US without going home in between. And I already got questioned quite heavily when I first entered the country in March (taken to a separate room and everything).

 

13 hours ago, Boiler said:

When did you enter the US?

I entered in mid-March. So based on the visa I was expecting to be allowed to stay until September or something, but the officer gave me an i-94 until the day after my initially planned return flight. Should've asked for some leeway there perhaps, but I didn't have the heart (or brain) at that moment.

 

I think an extension should work if I explain why I want to stay a few weeks longer, but it will probably be safer and cheaper to forget the holiday, embrace the double jet lag and head back to the Netherlands for two weeks. The Dutch territories in the Carribean are an option that I hadn't considered, but will probably look equally weird to the immigrations officer.

[Transborderwife 4,666]

4 minutes ago, jeroen said:

Thanks everyone for the replies!

 

Just to be clear, by going to Mexico I wouldn't try to extend my current i-94 (i.e. come back before i-94 expiry and hope to 'reset' it); instead my i-94 would simply expire while I'm away and when I come back to the US I would try for a new entry with a new i-94 on my multiple-entry visa. Still, I can well imagine how it would look suspicious/weird to the immigrations officer when someone attempts multiple entries to the US without going home in between. And I already got questioned quite heavily when I first entered the country in March (taken to a separate room and everything).

 

I entered in mid-March. So based on the visa I was expecting to be allowed to stay until September or something, but the officer gave me an i-94 until the day after my initially planned return flight. Should've asked for some leeway there perhaps, but I didn't have the heart (or brain) at that moment.

 

I think an extension should work if I explain why I want to stay a few weeks longer, but it will probably be safer and cheaper to forget the holiday, embrace the double jet lag and head back to the Netherlands for two weeks. The Dutch territories in the Carribean are an option that I hadn't considered, but will probably look equally weird to the immigrations officer.

You'd likely be denied entry.  The general rule is 6 months in 6 months out

[jeroen 0]

26 minutes ago, Transborderwife said:

You'd likely be denied entry.  The general rule is 6 months in 6 months out

My total stay in the US would be about 3.5 months – three months in, two weeks out, two weeks in. But I see your point. If denial of entry is likely after having been home for such a short time, applying for an i-94 extension may be the best option. If it gets denied, at least I'll know in advance and I won't have to fly halfway around the world only to be sent back upon arrival.

[Boiler 45,666]

Any response to an extension would be well after you have left.

[kris&me 572]

Even going to US Virgin Islands is not a good / once you are in internaitonal air or water, you need reentry visa

i, a US citizen by birth, had to have passport for a cruise

[Jojo92122 1,924]

You're not getting it.

 

If you to to Mexico and try to come back, you will get a new I-94 but your time allowed in the US will not reset.  Going to Canada or Mexico and trying to return to the US will not get you more time than your original I-94.

 

http://www.justanswer.com/immigration-law/2hr89-leave-us-travel-canada-mexico-will.html

[Boiler 45,666]

I have seen people border hop and get a new I 94, should not but it does happen.