FlyerTalk Forums - Clarification on rules for leaving USA to Mexico on B1/B2 visa

Let's unpack your question because there are several layers to tackle within it.

Part 1 (the visa):

- Is your wife's visa for a single visit or multiple visits? (Under "Entries", the visa will either list a number or "M" for multiple.)

- what is the approximate expiration date? (1 year from issuance, 5 years from issuance -- the standard maximum period for Indonesian citizen B visas, or something else?)

Part 2 (VWP):

As for VWP, it's not necessarily accurate that "people on the Visa Waiver Program . . . must leave the US to a non-neighboring country for it count as an exit" and thus to receive a fresh 90 day stay period upon return to the US.

As the former Inspector's Field Manual (FOIA PDF part 4, pages 3-4) notes:

Quote:

Aliens admitted under the VWP may be readmitted to the U.S. after a departure to foreign contiguous territory or adjacent islands for the balance of their original admission period, . . . in accordance with 8 CFR 217.3(b). The inspecting officers also have the discretion to grant the applicants entirely new periods of admission, providing they are arriving on signatory carriers.

In addition, VWP visitors can come back to the US from a neighboring country with a fresh 90 day VWP stay (i.e. counting as a full exit from the US) if they need more time than what's remaining from the original 90 day period.

IFM (PDF page 4):

Quote:

If the alien needs to stay in the U.S. for longer than the original period of admission, the officer can consider granting another 90-day period of admission, provided the alien meets the requisite criteria. These cases are considered new admissions.

And finally, any VWP visitors re-entering the US from a neighboring country after the original 90 day period has expired are automatically considered to be an applicant for a new VWP 90 day period.

IFM (PDF page 5):

Quote:

Officers must treat those aliens applying for entry after expiration of the original admission period as applicants for entirely new admission.

Quote:

Originally Posted by diginomad813 (Post 29341008)

Hi everyone,

So my wife, and Indonesian citizen has just been approved for a B1/B2 tourist visa for the first time. We are very happy!

We also know that there are certain restrictions for people on the Visa Waiver Program that they must leave the US to a non-neighboring country for it count as an exit.

We we are wondering if similar rules apply to the B1/B2 visas.

In in our case, we are planning to fly to the US from Indonesia and then spend a couple of weeks. Then we are planning to fly to Mexico (where we typically spend a few months a year) and can also use the US visa to enter Mexico visa free. Will this still count as an exit on her B1/B2 visa?

Also, if we decide to stay in Mexico for about 6 months, but take a few weekend trips to the US and back to Mexico in that time, will that pose us any problems?

We’ve applied three times now to finally get her accepted for this visa, so we want to make sure we are following the rules 100%. We know that when we go to renew the visa once it expires, it will be infinitely easier to get approved if we can show we are using the visa as intended, not overstaying, and not just hopping over to a neighboring country if that’s not permitted.

Many advice on this would be great! Thanks!