ESTA visit more than 90 days but with a 30 day stay in mexico

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It sounds like you're proposing a trip of 80 to 90 days in the US, after which you will go to Mexico for three months or longer, and then go to the US for a few weeks. This falls within a strict reading of the VWP rules, but there could be a problem because the loose expression of these rules has become "travel to Mexico (among other places) does not reset the VWP clock."

If I were you I would ask CBP about this beforehand and do what they say. If they say it's okay to do this with the VWP, then bring a copy of their response with you. If they say it's okay to do it with a visa, you can apply for a visa at any US consulate, but your chances of success are best if you apply at the consulate that serves your place of residence:

You should schedule an appointment for your visa interview at the U.S. Embassy or Consulate in the country where you live. You may schedule your interview at another U.S. Embassy or Consulate, but be aware that it may be more difficult to qualify for a visa outside of the country where you live.

There's also a risk that your visa application will seem odd to the consular staff if they think your travel plans should be allowable under the VWP. It would therefore be a good idea to tell them that CBP advised you to apply for a visa if that is indeed the case.

Upvote:2

this is the respons i got from CBP unclear answer ill try to get it clarified further by the local embassy but for now this is what i got.

Response Via Email (Contractor - PIO) 05/21/2019 10:55 AM Thank you for contacting the U.S. Customs and Border Protection, Traveler Communications Center.

VWP travelers should be able to demonstrate that they are a legitimate visitor to the United States and will comply with the terms of their admission. While there is no explicit limit on how long VWP travelers should remain outside the U.S. before returning, please realize that travelers who are spending significant periods of their time in the United States may have difficulty demonstrating that they are legitimate visitors. This office cannot discuss or provide further advice on specific admission/inspection issues because in the same way that a valid visa does not guarantee admission to the United States, an approved ESTA is not a guarantee of admission to the United States. The admission of all visitors to the United States is determined by the Customs and Border Protection Officers at the port of entry/border. If you have additional concerns and would like further clarity on your admissibility to the United States, you should consider applying for a visa at the nearest US Embassy or Consulate.

Regards, CBP Traveler Communications Center

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