Asked in Immigration Law for California

Q: Am I able to cross into the US even though I'm no longer eligible for the VWP?

I'm an Australian national currently living in Mexico as a legal resident. I'm planning on returning home to Australia in the near future. However a few years ago I entered the US on the VWP and due to a severe injury suffered while there I was forced to stay around 3 months past my departure date. I know that I'm no longer eligible for the VWP again but I didn't stay over 180 days and left voluntarily. I am wondering if I can cross into the US through Mexico with the I-94w to drive to LAX for a flight or will I have to either apply for a tourist visa or fly to Vancouver or something and bypass the United States altogether?

So basically can I still enter the United States by land with the I-94w even though I no longer qualify for the VWP even though I don't believe I'm actually banned from entering?

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2 Lawyer Answers

Shan Dimitris Potts

  • Immigration Law Lawyer
  • Glendale, CA
  • Licensed in California

A: Hello,

If you plan on entering the US on land via Mexico, you will be stopped at the border and be asked to present proof of legal status to enter the U.S. I would suggest you talk to an immigration attorney to either conduct an immigration legal analysis for you or apply for a tourist visa. A tourist visa is very useful and is usually valid for a long time. Talk to an attorney.

All the best.

-Shan Potts

+1 (323) 803 7147

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15 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered are of a general nature only and are not meant to create an attorney-client relationship.

Carl Shusterman agrees with this answer

1 user found this answer helpful

Carl Shusterman

  • Immigration Law Lawyer
  • Los Angeles, CA
  • Licensed in California

A: You should apply for a tourist visa in order to be able to enter the United States.

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