Can you extend your stay after entering the US under ESTA/VWP? [duplicate]

I had an old friend come to visit me in USA. He is retired and 65 years old. He came over on ESTA, but now would like to stay on longer. How can he stay here without having to travel all the way back to Germany and returning again?

Best Answer

Note that the ESTA is not a visa, it is merely an authorisation to travel to the USA by air or sea and request entry under the Visa Waiver Program (VWP)

He can't apply for an extension of status because he entered on the VWP.

He could try leaving the USA, coming back and requesting another entry under the VWP but he runs the risk of being denied entry. There is no hard and fast rule on time in VS time out but the VWP is "intended for short occasional visits". If you do use this tactic it is probablly advisable to go to somewhere other than the countries that have special rules regarding re-entry (Canada, Mexico, some islands).

He could leave the USA and apply for a visa but visas take time and again there is no guarantee he will get it.

All in all if you want to spend more time together your best option is probablly to take a holiday together somewhere other than the USA.

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Can I use the same ESTA twice?

An ESTA can be used for multiple entries into the United States. Should an individual find themselves in a situation where they wish to visit the United States repeatedly beyond the 90 days permitted by ESTA, then a B-1 Business Visa or B-2 Tourist Visa may be a more suitable alternative.

Can you extend an ESTA visa while in the US?

No. Unfortunately, there's no method for extending your ESTA to stay longer. Normally, if a traveler enters the U.S. on a B-1/B-2 visa, for example, and needs to extend their visit, they can file an extension of status petition with USCIS (Form I-539).

Can you extend VWP?

VWP travelers are not permitted to change or extend their temporary immigration status. The only mechanism to request a longer VWP stay requires an emergency which prevents a timely departure from the United States. In that case, the Department of Homeland Security can grant a 30-day period of Satisfactory Departure.

Can an ESTA be extended?

It is not possible to extend your ESTA but you are able to renew your ESTA. Your ESTA is valid for a maximum period of two years from issue, or until your passport expires if that is sooner. To renew your ESTA, you must submit a new application,in the same way that you submitted your previous one.

Immigration Lawyer talks about How to extend Your stay if you are a non immigrant (LIVE)

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