Entry into US for non-Mexicans living in Mexico
Replies: 5 - Last Post: Dec 10, 2012 10:52 AM Last Post By: tiltedflipcurves
Dec 9, 2012 11:13 AM
Entry into US for non-Mexicans living in MexicoWe might have relatives moving to Mexico to work on a long term construction project. One is a Spaniard and his partner and her daughter Brazilian. If leaving the U.S. to Mexico does not count as leaving, how can they come to the to visit us? Would ESTA only work the first time IF they come before the have been in Mexico for too long?
Dec 9, 2012 11:20 AM
1Are they currently in the US? If so. what is their status in the US?
If they have not entered the US, then to go from Mexico to the US for a visit will be subject to rules applicable for their citizenship:
The Spaniard would be eligible for entry under Visa Waiver Program, using the ESTA, subject to the VWP rules.
The Brazilians are going to need visas as Brazil is not a country eligible under VWP.
It is difficult to get work visas in Mexico. I hope they have this all set up before they make any big plans.
Dec 9, 2012 11:28 AM
2They will go to Mexico from Spain. Understand about the Brazilians, let's talk only about the Spaniard. They get the ESTA entry and can only stay 90 days or whatever the time is. They visit us in the US for a week and return to Mexico for more four months more. Could they come back for a second visit? According to the rules the time in Mexico doesn't count as leaving, so he would be looked on as overstaying is time, right? By the way, I am not a troll, this is a real potential situation.
Dec 9, 2012 1:03 PM
3I know you are not a troll, bleen68.
The permission to enter the US is up to the discretion of the immigration agent at the port of entry. I think someone who is legally living and working in Mexico might get more leeway than an itinerant traveler who seems to come back to the US over and over again to avoid having to get a visa.
I can't say for sure what would happen. The worst is that they are turned back and told to get a US visa.
Dec 10, 2012 7:56 AM
4And to go back to the Brazilian situation, there is no guarantee that the mother and daughter would be granted a U.S. visa under the existing situation between the two countries. Brazilians are given a great deal of trouble. "Partner" sounds as if there is no legal bond to show proof of. So they might have to stay in Mexico, even if the Spaniard can travel. Mexico was also making things a bit difficult for Brazilians to get into the country because that was the main illegal entry point to the U.S. used by the "door-to-door" (home in Brazilian city to friends' apartment in U.S. city) schemes sold to tens of thousands in Brazil by organizations of caiyotes. I am not aware, however, of how the legal work situation of the Spaniard would effect any of this, though.
Dec 10, 2012 10:52 AM
5Just summarizing what I've learned from prior threads, for those in the party eligible to enter the US under the ESTA/VWP program, the key would be to do either of the following.
1. Don't enter the US for a visit until they're within 90 days of leaving Mexico for home, or
2. Don't enter the US for a visit until they're within 90 days of leaving Mexico for a side trip to another nation (e.g, Costa Rica or Iceland), that is outside "North America" for ESTA/VWP purposes.
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