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Ok this might be hard to word but I'll try. My partner and I travelled the US for 7 weeks and then left for Mexico. We have been here for 5 weeks and about to head on to Central America.

I am wondering if we have to leave Mexico before the 90 day time frame is up on our ESTA (VWP) in order to be allowed re-entry to the US (in another 6 weeks after Central America) or if we are fine to re-enter as we left the States before the 90 day period was up and won't be returning until after we have been through Central America.

Any answers on this would be great! :)

  • How are you traveling? Car/plane etc.? – Midavalo Sep 2 '17 at 23:04
  • @Midavalo why would that matter? – phoog Sep 3 '17 at 0:32
  • @phoog Because if they left the US to Mexico by land then the US has no record of them leaving. If they are re-entering by land via Mexico then it could be considered trying to reset the 90 days because of that no record. There are official ways it's supposed to be done, and there are the ways the CBP officers interpret the rules and/or situation at the time of re-entry into the US. I am speaking of my own experience with ESTA and Mexican Residency, but it wouldn't surprise me if situations are similar for people traveling through Mexico & Central America by land. – Midavalo Sep 3 '17 at 16:17
  • @Midavalo I suspect that you are correct. – phoog Sep 3 '17 at 16:37
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I am wondering if we have to leave Mexico before the 90 day time frame is up on our esta (VWP) in order to be allowed re-entry to the US.

No.

or if we are fine to re-enter as we left the states before the 90 day period was up and won't be returning until after we have been through Central.

Yes.

The rules concerning trips to Mexico (among other countries) are intended to prevent people from using such trips to circumvent the 90-day limit on VWP visits, and these rules actually leave quite a lot of discretion in the hands of the immigration officer. The likelihood of your being teamed to the US will depend in part on how long you plan to stay, which you haven't mentioned here, but from the information you've given us there's nothing that would automatically prevent you from reentering. The timing of your travel from Mexico to Central America is not relevant.

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