ESTA 90 day problem

ESTA 90 day problem - African American woman standing in light room

I am visiting Florida from UK on an ESTA and have mistakenly booked return flights 92 days after arrival.

Is there an easy trip to make to a nearby country which will allow me back to Florida and stay till the 92 days and catch these flights?



Best Answer

Unfortunately you made a pretty bad mistake. Firstly you'll have to go at least as far as Guatemala to restore the clock, and secondly when returning to the US so soon after such a long visit (even if only to catch a connecting flight home) the immigration officers will highly likely assume you're trying to live in the US. And if they make that assumption, it is fully up to you to convince them otherwise, which will be hard.

Have your boarding pass/flight confirmation back home+documentation proving ties to the UK ready for this, and even then there is no guarantee. Once deemed inadmissible, you'll never get in visa-free again.

If at all possible, I would seriously re-book the flight home.

Another option would be getting a B2 visa, which usually allows for multiple entries within 10 years, with a 6-month leave being given on each entry. However, be warned that, although a granted visa would solve the problem, you will be placed under closer scrutiny by the embassy than by the CBP if travelling visa-free, and if you're ever denied a visa, you can never enter visa-free again and will have a harder time obtaining a visa in the future.

As pointed out by Dorothy, in all likelihood it'll be cheapest and easiest to just modify your ticket.




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What happens if I stay more than 90 days with ESTA?

Cases of overstaying a period of stay in the U.S. by 180 or more days but less than one year are punishable by prohibition of travel to the U.S. for three years. Overstaying for one year or longer is punishable by prohibition of travel to the U.S. for 10 years.

How do I reset my ESTA 90 days?

Where must you travel to in order to before returning on an ESTA to get a new 90 days? You must leave the whole North American region completely to reset this. You can't just pop to Canada or Mexico to try and reset the 90-day counter.

Can I stay more than 90 days with ESTA?

If you plan to stay longer than 90 days, you must obtain a visa at the nearest U.S. Embassy or Consulate. If you obtain a new passport or change your name, gender or country of citizenship, you will be required to apply for a new travel authorization.

How long do you have to leave the US before returning on an ESTA?

Minimum waiting period between two trips to the USA with an ESTA. Travellers are not allowed to leave the United States for a short while and then come back solely to refresh the 90-day validity period. Even so, there is no official minimum required waiting period between two trips to the USA with an ESTA.



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