Hopping out and hopping in, VWP

[piff 46]

5 hours ago, Mollie09 said:

More than 180 days in the US in a year and you have to file taxes as a resident.

Going to Canada and Mexico does not reset the 90 day clock for your stay.

yes it does especially for more than 7 days. I've done it personally multiple times back in a day on B-1\B-2. Just need to mention that you want to get another stamp, that is it. 

[geowrian 22,344]

5 minutes ago, piff said:

yes it does especially for more than 7 days. I've done it personally multiple times back in a day on B-1\B-2. Just need to mention that you want to get another stamp, that is it. 

That does not apply for VWP:

"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."

Edited May 30, 2017 by geowrian

[piff 46]

21 minutes ago, geowrian said:

That does not apply for VWP:

"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."

not true, what you are saying is that if someone travels to the USA for 60 days, then goes to MX or Canada for 35 days then one cannot come back here - seriously? 

[Mollie09 1,545]

Yes. That was directly from CBP.

[Jojo92122 1,925]

10 minutes ago, piff said:

not true, what you are saying is that if someone travels to the USA for 60 days, then goes to MX or Canada for 35 days then one cannot come back here - seriously? 

Yes, seriously.  A foreigner does not have a right to enter the US.  The foreigner must follow the rules, no matter what.

[geowrian 22,344]

14 minutes ago, piff said:

not true, what you are saying is that if someone travels to the USA for 60 days, then goes to MX or Canada for 35 days then one cannot come back here - seriously? 

Yes true. That's exactly what CBP says and is the law.

[piff 46]

6 minutes ago, geowrian said:

Yes true. That's exactly what CBP says and is the law.

yes, but it does not say that once 90 days are up you won't be allowed. SHORT TRIP - keyword here, a 30-day trip is not a short trip. I would cross via air where everything is properly recorded (all I-94s etc). 

[geowrian 22,344]

1 minute ago, piff said:

yes, but it does not say that once 90 days are up you won't be allowed. SHORT TRIP - keyword here, a 30-day trip is not a short trip. I would cross via air where everything is properly recorded (all I-94s etc). 

You're reading way more into it than is implied.

 

Assuming your timeline is accurate, you would have needed to use a visa, not travel via the VWP.

[Jojo92122 1,925]

10 minutes ago, piff said:

yes, but it does not say that once 90 days are up you won't be allowed. SHORT TRIP - keyword here, a 30-day trip is not a short trip. I would cross via air where everything is properly recorded (all I-94s etc). 

US laws is not about how you define short trip.  US laws is about how CBP defines short trip.  

 

Crossing by air doesn't matter.

 

Many people have tried this.  Some people slip through since nothing is perfect.  Most will get turned away and can lose their VWP.  Better to plan well than have an unpleasant surprise.

 

Edited May 30, 2017 by Jojo92122

[Jojo92122 1,925]

4 minutes ago, geowrian said:

You're reading way more into it than is implied.

 

Assuming your timeline is accurate, you would have needed to use a visa, not travel via the VWP.

Piff is not the OP.

[geowrian 22,344]

Just now, Jojo92122 said:

Piff is not the OP.

Right-o. But the user appears to be from Russia or Ukraine and stated B-1/B-2 (so I assume a visa was used and not VWP...normally people would say use the terms ESTA or VWP instead of just stating status).

[Boiler 48,106]

I certainly no people who have had in error been given another 90 days, but you can not expect it.

[A'n'L 735]

If the OP is in the US for 90 days, leaves for Canada/Mexico and returns to the US - his/her original VWP 90 days are already spent. He/she must then hope that CBP will grant her entry for a new period of (up to) 90 days. This might work a few times, especially if the length of stay outside the US is as long or longer than the stay within. Not a long-term strategy though.

 

To me, it seems that most responders in this thread are thinking of a scenario where a VWP person spends less than 90 days in the US and returns from a trip to Canada or Mexico before the original 90 days are over. In that scenario, the correct action by CBP is to let them enter for the remaining time in the original 90 days.