Returning on a VWP

[Jrw]

Hello,

I'm from Australia. I entered the US with the VWP back in September. I left a month later to Guatemala to visit a friend. Now I'm travelling through Mexico for another month and a half. I would like to return to the US for another 5 weeks before returning to Australia. I'm curious as to whether or not it matters when I try enter the US. If I return mid December, I'd still technically be within the 90 days of the first entry. Does that not matter since I left the continent? I want to book my flight into the US, but I'm not sure whether it should be before or after the original 90 days allotted.

Thanks in advance.

 

[lordmuggins]

If you left the U.S. for Guatemala, you would have officially 'left' altogether. The 90-day thing only remains if you travel from the US to Canada, Mexico and I believe Bermuda. In theory, your 90 days should begin afresh from when you enter. If they ask you where you came from, make sure you mention that you 'passed thru' Mexico after spending time in Guatemala. I'd also explain why, i.e. 'backpacking' or whatever you were doing. Those countries otherwise may sound suspicious