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My question is similar to this one previously asked, but with some modifications.

I arrived in the US on September 8th, and left for Mexico on October 3rd. I spent 3.5 weeks there and returned to the US on October 27th. 90 days after September 8th takes us to December 7th.

Firstly, is it 90 days after or 90 days from the entry date?

Secondly, does my 3.5 week trip to Mexico reset my clock?

Well, I understand that travel to Mexico shouldn't, but my understanding is that CBP can award a fresh 90-day window on re-entry should it be clear that I am not trying to game the system. For context, I visited friends in the US on both times, and am planning to fly home before Christmas, so I fully intend to leave the country and would be able to convince them of such (with return flights, proof of employment in home country, etc.).

Additionally, is there a way to check when CBP marked me as having entered the country (and thereby started the 90-day timer) or exited the country (and thereby stopped/reset the 90-day timer)?

My I-94 history looks as follows... I-94 history

My most recent I-94... enter image description here

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    As I hope you've appreciated from the answers that have already been posted, "resetting the clock" isn't the best analogy here, but if we stick with it, the reset happens when you reenter the US, and it is not automatic but depends on the discretion of the immigration officer who admits you.
    – phoog
    Commented Nov 29 at 9:15
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    Note that all the official language says "may readmit you on the existing I-94", but in most cases it is taken as "will readmit you...". However some documents restrict this to "short" stays in contiguous territory or adjacent islands, which is of course not defined. I think you should make sure you explicitly ask for a new I-94, and given the length of your stay in Mexico I don't think that should be a problem (we're not talking about a few days), though you should be prepared to change plans should they refuse and require you to depart before the end of your original I-94.
    – jcaron
    Commented Nov 29 at 10:45
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    @jcaron It's been a few years since I used one of those, they were not available on any of my entries to the US since the beginning of the Covid pandemic, which prompted me to check and it seems they have been phased out.
    – Relaxed
    Commented Nov 29 at 12:24
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    @jcaron The kiosks also weren't available during my last entries to the US. On top of that, if you get no entry stamp (more and more common in many US airports), then the only way to know is to check i94 online or to just ask the officer right after they admit the pax.
    – Ozzy
    Commented Nov 29 at 14:15
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    Hi everyone, thanks for the discussion! I have included my I-94 history record. Note that I have already re-entered the US (October 27th) but was unaware of needing to explicitly ask for a new I-94. However, since there are separate entries in my history showing entry, departure, then re-entry, does that mean that I was in fact admitted on a new I-94? Is there a way of checking with CBP if this is in fact the case?
    – Chumbers
    Commented Nov 29 at 15:55

3 Answers 3

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Firstly, is it 90 days after or 90 days from the entry date?

Not sure what you mean. Do you mean whether it is December 6 or December 7? I believe the day of entry counts as a whole day, so you should assume you will be admitted until December 6 (meaning you can stay until the end of December 6).

Secondly, does my 3.5 week trip to Mexico reset my clock? Well, I understand that travel to Mexico shouldn't, but my understanding is that CBP can award a fresh 90-day window on re-entry should it be clear that I am not trying to game the system.

Since you will be returning before December 6, CBP has the choice of either re-admitting you for the remainder of your initial period of admission (i.e. until December 6), or considering you for an entire new VWP admission of 90 days if you tell them of a need to stay longer than December 6. If they are re-admitting you for the remainder of the period, you do not have to be returning to the US on a VWP signatory carrier. If they are considering you for a new VWP admission, you have to be returning to the US on a VWP signatory carrier.

See 8 CFR 217.3(b):

(b) Readmission after departure to contiguous territory or adjacent island. An alien admitted to the United States under this part may be readmitted to the United States after a departure to foreign contiguous territory or adjacent island for the balance of his or her original Visa Waiver Program admission period if he or she is otherwise admissible and meets all the conditions of this part with the exception of arrival on a signatory carrier.

And 9 FAM 201.1-4(C).e(2):

(2) (U) Side Trips Permitted Within 90-day Limit:

(a) (U) Travelers participating in the VWP who make their initial entry into the United States by air or sea must arrive aboard one of the participating carriers. After the initial admission into the United States, under the provisions of VWP, a foreign national may temporarily depart to, and return from, Canada, Mexico, or adjacent islands by car or other carriers if the total stay in the United States and the time accrued in contiguous territory and/or adjacent islands does not exceed 90 days.

(b) (U) In other words, a side trip to Canada, Mexico, or the adjacent islands does not “reset the clock” for VWP travelers, unless the traveler is resident in the country to which they travel. (For further information see Chapter 15.7(i) of DHS Inspectors Field Manual, Readmission After Departure to Contiguous Territory or Adjacent Islands.)

(c) (U) Return from Canada, Mexico, or adjacent islands by air or sea within the 90 days limit does not require transportation by a VWP signatory carrier.

And chapter 15.7(i) of the CBP Inspector's Field Manual (There are various copies of it on the Internet, e.g. here or here. The IFM has reportedly been replaced by different manuals at the CBP, but there isn't a more updated comprehensive manual available online):

(i) Readmission after Departure to Contiguous Territory or Adjacent Islands.

(1) General. 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, provided they are otherwise admissible and meet all the conditions of the VWP, with the exception of arrival on a signatory carrier, 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. The following sections discuss the criteria, procedures, liability ramifications for the carriers, and define the term “adjacent islands” for the purposes of the VWP.

(2) Conditions for Readmission. As discussed above, aliens admitted under the VWP may be readmitted to the U.S. under the VWP after a departure to foreign contiguous territory or adjacent islands provided that:

  • their authorized period of admission has not expired,
  • they plan to depart the U.S. prior to the expiration date of their period of admission,
  • they present valid, unexpired passports which reflect admission to the U.S. under the VWP, and
  • they continue to meet all criteria set forth in 8 CFR 217 and section 217 of the Act, with the exception of arrival on a signatory carrier.

If the alien still has the original endorsed departure portion of the Form I-94W, admit the alien for the balance of his/her original admission period. [...]

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 the officers should follow the applicable procedures provided in Chapter 15.7(c), Air and Sea POE Arrivals, or Chapter 15.7(d), Land Border POE Arrivals. Officers should be aware of the potential for fraud in certain cases of repeated entries, although legitimate cases should be given due consideration.

If the original period of admission has already expired, the alien cannot be considered for readmission and must meet all the requirements for a new admission into the U.S.

Your last question:

Additionally, is there a way to check when CBP marked me as having entered the country (and thereby started the 90-day timer) or exited the country (and thereby stopped/reset the 90-day timer)?

On the CBP's I-94 website, you can look up your current I-94 and travel history (the dates when you entered and exited), although I am not sure what you mean by "marked", because it should be the same as the dates you actually entered and left.

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  • (+1, lots of great info as always) My understanding is that the OP is presently in the US and has been since October 27, would that change your assessment of the situation?
    – Relaxed
    Commented Nov 29 at 7:53
  • "If they are considering you for a new VWP admission, you have to be returning to the US on a VWP signatory carrier": not if you are arriving at a land border; see 217.2(C)(2).
    – phoog
    Commented Nov 29 at 9:11
  • HI there thank you for the detailed response! This is really helpful :)) @Relaxed is correct, I have already re-entered the US on October 27th. At the time, I made no request for extending past December 6th, since I was unaware that travelling to Mexico did not, by default, reset the timer (naive of me). How would this change your assessment of the situation?
    – Chumbers
    Commented Nov 29 at 15:49
  • I've also updated the post with my current I-94 travel history, whether that is useful information or not - This actually showed that I entered on September 7th not the 8th, meaning I would need to leave a little earlier again
    – Chumbers
    Commented Nov 29 at 15:51
  • @Chumbers: So it seems your current I-94 has an admit-until date of January 24, meaning you got a new admission of 90 days from your second entry.
    – user102008
    Commented Nov 29 at 18:09
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In addition to the other excellent answers - you have updated your question with a screenshot of your most recent I-94.

This is an official CBP record, which gives the date you arrived and when you must leave by:

Arrival/Issued Date: 2024 October 27
Admit Until Date: 2025 January 24

So you have been admitted under a new I-94 on October 27, and can remain in the US until January 24. If you're planning to leave by Christmas then you have nothing to worry about.

enter image description here

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  • Thank you - yes, once I checked on the I-94 database it seems very clear cut. Just being a little paranoid on my end!
    – Chumbers
    Commented Nov 29 at 16:54
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I'll be sort of helpful by providing a partial answer, as I believe the first part of your question regarding whether or not CBP would admit you under a new i94 is opinion based. It will likely depend on the CBP officer and whether or not they are convinced. I would assume you shouldn't have issues since it seems you have an extensive travel history, but if a CBP officer smells something fishy then you may have a problem.

So the answer:

Yes you can indeed check your entry/exit records as well as your most recent/current i94 details. Use the official DHS CBP website to look at both of those things at any time. You can search using your personal details (name, DOB, and passport number).

That being said, just because an exit is marked in the system, that doesn't mean the "clock is reset". The important date is the one of the i94. So check the i94 online and see if they issued you a new i94 on your October 27th entry, or whether you were admitted on the September 8th i94.

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    just because an exit is marked in the system, that doesn't mean the "clock is reset": indeed, the actual mechanism here is that the immigration officer "may" readmit the person "for the balance of the initial admission period" (paraphrasing), which has two implications here: first, the rule for resuming the initial period of admission doesn't depend on the departure not being recorded but rather is conceived in terms of departure and return, and second, the decision to reset the clock or not is made by the immigration officer at the point of the second entry to the US.
    – phoog
    Commented Nov 29 at 9:22
  • @phoog regarding the reset of the clock. Yeah, I guess I didn't make it clear in my answer but I tried to address it in the last sentence of my answer. That's also why I say the important date is the one in the i94.
    – Ozzy
    Commented Nov 29 at 12:00
  • I don't think the answer is particularly unclear; I was just trying to underscore the correction of the question's apparent misconception that the resetting of the clock has anything to do with whether or how the departure from the US was recorded.
    – phoog
    Commented Nov 29 at 13:19

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