# US Visa info needed



## Damo1590 (Aug 6, 2014)

Hi guys!

I'm a 23 year old male and have recently been transferred by an Australian company to lead the engineering department of a manufacturing plant in Tijuana, Mexico.

Because, 1) I don't speak Spanish and 2) Tijuana's bad reputation.
I will be staying in San Diego California and travel across the border daily.

Because I won't be working or earning money in the US, is there any visa I can obtain that will let me stay for longer than 90 days at a time?

Any help would be greatly appreciated!

Thanks in advance!


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## Crawford (Jan 23, 2011)

No, there is no visa to allow you to do what you intend.

Your plan is a non starter.

So, where are you currently "living"?


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## Damo1590 (Aug 6, 2014)

I'm currently staying in San Diego on the visa waiver program. I've had no problems crossing the border everyday, they scan my passport and in my description it comes up what I'm doing in Mexico/US.

Only downside is I have to leave after 90 days and they are very vague on the details of how long I have to leave for before I can enter for another 90 days....


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## Crawford (Jan 23, 2011)

Damo1590 said:


> I'm currently staying in San Diego on the visa waiver program. I've had no problems crossing the border everyday, they scan my passport and in my description it comes up what I'm doing in Mexico/US.
> 
> Only downside is I have to leave after 90 days and they are very vague on the details of how long I have to leave for before I can enter for another 90 days....[/QUOTE
> 
> ...


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## Damo1590 (Aug 6, 2014)

I'm not sure if it is 90 days out of the country as when I entered this time was only around 40 days after the last time I left. I didn't run into any trouble. I made sure I had proof of employment and intentions etc.

I walk across the border and get picked up on the other side. Also I cross at Otay Mesa because the lines are always much shorter. On Average crossing around 6.30ppm I wait 10 minutes.


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## Crawford (Jan 23, 2011)

The rule is not laid in stone but is the one we advise since entry into the US is at the discretion of the border official, and if they suspect you are trying to live in the US on the VWP they can stop entry.

At the end of the day there is no visa to allow you to do what you are doing and live in the US.

Where did you go for the 40 days and how did you continue your job?


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## Damo1590 (Aug 6, 2014)

Ok, point taken.
Because they are a registered company in the US also, does that mean I can obtain an E3 visa? I have a degree in mechanical engineering.

When I left, I went back to Sydney (where I was working before I flew overseas)


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## twostep (Apr 3, 2008)

What visa are you working in Mexico under?


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## Damo1590 (Aug 6, 2014)

Because It has only been temporary up until now. I have just been operating with a 6 month FMM visa. I'm now in the process (through the company) of getting a proper work visa (not sure what kind it is).


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## Crawford (Jan 23, 2011)

Damo1590 said:


> Because It has only been temporary up until now. I have just been operating with a 6 month FMM visa. I'm now in the process (through the company) of getting a proper work visa (not sure what kind it is).


I must say that I am very surprised you are allowed daily journeys between San Diego and Mexico when you don't have permission to work there.

While the FMM can be used where the person has permission to work, you don't appear to have such permission.

Sounds all very underhand.


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## Damo1590 (Aug 6, 2014)

The company has spoken with their attorney and apparently on the FMM it's ok to conduct temporary business. Note that I'm not getting paid through Mexico, that is all taken care of through Australia.

I've never even had my passport checked going to Mexico, and coming back they just ask if I'm bringing anything back from Mexico and what I was doing there.


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## twostep (Apr 3, 2008)

Damo1590 said:


> The company has spoken with their attorney and apparently on the FMM it's ok to conduct temporary business. Note that I'm not getting paid through Mexico, that is all taken care of through Australia.
> 
> I've never even had my passport checked going to Mexico, and coming back they just ask if I'm bringing anything back from Mexico and what I was doing there.


My personal opinion - what looks like a rat, smells like a rat is likely to be a rat. And something does not sit right with you or you would not ask questions.

a) It does not matter who pays you where. What matters is where do you provide the service.
b) VWP is for tourist purposes. 
c) And what have you been telling "they" that you were doing in Mexico?
d) Is it "apparently" or is it legal to work in Mexico as Australian over 180 days on FFM


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## Crawford (Jan 23, 2011)

Seems like a very odd way to do business.

"Transfer" someone to work in another country (where they don't speak the language and the area considered so dangerous they "live" in the country next door) but don't get them a work visa; then call it temporary because they have to leave (from the other country) every 90 days because they are there on tourist status.

How do you cope the health insurance while in the States for the 90 days? Don't say your Australian company covers you because that won't fly.

Am wondering if there is an Australian company at all.


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## Damo1590 (Aug 6, 2014)

Wow, I came here for advice and from the get-go I've received very condescending comments.

I haven't worked in Mexico for a full 180 days, nor have I stayed in the US for a full 90 days.

My visits have been short so far (2-3weeks) as we are trying to establish what is needed to get me over here working full time.

For the record I never said Tijuana was Dangerous at all. It definitely has a reputation if you ask people, especially from the US. It is my preference to stay North of the border mostly for ease of getting around the language barrier.

Everyone in the engineering department I am working for speaks fluent English so the language barrier isn't an issue at work. 

In answer to your question the company does cover my insurances. At this point in time because it has been short visits over here they have covered it in the form that any traveller would going on an overseas Holiday. Comprehensive travel insurance.

To question if the company even exists is a completely bogus remark. Because it's a unique case we are trying to work things out before anything is set in concrete.


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## Crawford (Jan 23, 2011)

OK then.

To cut to the chase. There is no visa for you to do what you want - live in the States and work in Mexico, sorry.


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## Damo1590 (Aug 6, 2014)

OK that's all I needed. Now it's up to the company whether they want to get me working visas for both.


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## twostep (Apr 3, 2008)

Crawford's concern has merit - you work with FFM traveler's is not likely to cover anything.
What you have in writing you can work with. Read the small print. Check behind attorney based visa decisions:>)


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## Meritorious-MasoMenos (Apr 17, 2014)

Damo, the situation is that dozens of countries run maquiladoras in Mexico and have headquarters on the U.S. side, companies from Japan, China, and many in Europe. They all have their national executives living in the U.S. and crossing over to Mexico. As a journalist in Mexico, I covered the maquiladora industry for years. Now, I don't know anything about what visas these foreign nationalists got that allowed them to live in the U.S. and work in both the U.S. and Mexico, as that was never a part of any conversations, but I doubt they were doing anything outside the law. I also know plenty of American executive who work in industries that have plants in Mexico, live in San Diego and cross the border several times a week without problem or delays. 

Whether the U.S. has special visas for people in the maquiladora industry, which employs several million Mexicans, I don't know. It is crucial to the economy of both countries, however. It's up to your company to arrange a visa for you, if they are a legitimate company. You shouldn't have to come on a message board and have to ask people who just give their opinion.


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## Damo1590 (Aug 6, 2014)

Thanks for your input.
They are definitely a legitimate established business in both Mexico and the US.
The only reason I'm asking on here is because they'd never had to deal with a situation like this until now.

As it stand they are just going to have process work visas for both countries if they want me to work there full-time.
Thanks!


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## Meritorious-MasoMenos (Apr 17, 2014)

You're in like flynn if that's the case, Damo. They probably will only have to set you up with a U.S; visa, though I'm not sure. I believe that U.S. residents can enter the border region of Mexico without any visa as long as they are only there for, I think, three days or less at a shot. If the firm is really a babe in the woods at this, they, or you, can find out at other foreign-owned firms that operate in both border regions. As I said, there are dozens and dozens, a real economic powerhouse for both countries. They don't want to make troubles for the factory owners.


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## Damo1590 (Aug 6, 2014)

Top advice! Much appreciated. I'll look into it.


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## ForeignBody (Oct 20, 2011)

Damo1590 said:


> Wow, I came here for advice and from the get-go I've received very condescending comments.
> 
> In answer to your question the company does cover my insurances. At this point in time because it has been short visits over here they have covered it in the form that any traveller would going on an overseas Holiday. Comprehensive travel insurance.


I'm not sure anyone is wishing to be condescending, but they are concerned that you appear to be in a vulnerable position.

I would check the insurance extremely carefully. You say it is holiday insurance, but the reality is you are not on holiday. An excellent get out for any insurance company.


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## Damo1590 (Aug 6, 2014)

Thanks for your concern.
I made sure well before I left that I was covered in all aspects of insurance.
The travel Insurance policy has been tailor made for a business trip and covers me in both countries.


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## twostep (Apr 3, 2008)

Damo1590 said:


> Thanks for your concern.
> I made sure well before I left that I was covered in all aspects of insurance.
> The travel Insurance policy has been tailor made for a business trip and covers me in both countries.


Once you work as expat - triple check! Another site recently had a similar situation, a rattle snake bite and a bill to boot.


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