Immigration Issues/90 day re-entry


QUESTION: My question is that i will soon be at the end of my 90 day stay here in the US, I am in Hawaii, what is the time period I will have to be outside the US and which Countries are closest and classed as being outside the USA before I can re-enter again for a further 90 day's.The reason for this is that i am waiting for my divorce to become final  and apply for a Fiancee Visa.

ANSWER: Dear John,

The law does not require any specific days abroad before you are eligible for re-entry.  Technically you can re-enter right away.  Since it sounds like your stay will be temporary (to finish a pending divorce), assuming that you have not stayed in the US for many days in the last year, you should be readmitted to take care of your legal case.  G'luck on your next re-entry, but you should be fine.

My office handles fiancee visa processing, if you are interested.  Please feel free to contact me should you need assistance with that.


Jack C Sung
attorney at law

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QUESTION: 3 years ago, mexico was not an acceptable country to go to to be deemed outside the US, probably because of not having a passport requirement - to stamp that one has actually been out of the country,   Has this been changed now that a passport is required for entry into Mexico???   Can I go to Cabo for a long weekend and then return for another 90 days?????

Dear John,

Mexico is trickier because CBP can deem that you never left if you came right back from Mexico.  However if you take a long weekend in Mexico and seek readmission I think the 90 day will restart if you are re-admitted.  I believe you have to stay in Mexico for more than 72 hours to qualify for re-stamping when you return.


Jack C Sung
attorney at law

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Jack Sung


Can answer: Immigration and visa issues Can't answer: Everything else


Been a practicing immigration attorney for 4 years.

Taiwanese American Lawyers Association. American Immigration Lawyers Association. Los Angeles County Bar Association

Southwestern International Law Journal

J.D. from Southwestern Univ. School of Law in 2007. Licensed attorney in California

Awards and Honors
LACBA 2011 Outstanding Public Service Award

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