FlyerTalk Forums - View Single Post - US Immigration question for visa-waiver program
Old Jun 3, 2006 | 2:10 pm
  #6  
dodo
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Originally Posted by stimpy
A friend has a Euro passport which is part of the visa-waiver program. He wants to stay in the US for about 5 months, but the visa-waiver program has a maximum of 3 months I hear. If after 2 months he heads across the border for a Canadian weekend and then re-enters the US, does the clock start again for another 3 months?
I believe that this is the answer you were looking from this source

Q: I am in the United States on a tourist visa (no visa, Visa Waiver Program). I heard that if I go to Canada or Mexico, I can come back to the U.S. for another 90 days, is this true?

ANSWER: No, generally, any person going to Canada or Mexico for less than 30 days is readmitted on the same I-94, so if you leave, say, after the 60th day you are in the U.S., you would merely be admitted for the 30 days left on your I-94. If your I-94 is expiring, it is really up to the border patrol to determine if they will admit you into the United States. It depends on if you can convince the CBP that your intent to re-enter is as a tourist, even though you have already spent 90 days in the U.S. as a tourist. We have also heard of persons obtaining new I-94 cards, even though the I-94 is not expired. Although this is not the official policy, the ultimate discretion lies with the CBP and if you convince them or if by error, you do receive a new I-94 with 90 days, consider yourself lucky, since it is far from automatic.
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