Going to a border to get another 90 days of visa waiver
If I went to a border to renew my 90 days after expiration of a visa waiver, would I be denied access back into the US?
I am over the 90 day limit and need to get another 90 days what can I do? I am a French citizen here on the waiver program. I have filed numerous applications for a work visa with immigration while I have been here and still am attempting to do so.
Best Answer
I think you are in trouble. The VWP page specifically states:
May I apply for a visa instead of using the VWP?
Travelers who are eligible for the VWP may apply for a visitor (B) visa, if they prefer to do so. If you do not meet all of the criteria explained in this webpage, then you must apply for a visa. Additionally, you need to apply for a visa if you will be traveling on a private aircraft or other non-VWP approved air or sea carrier. Review the approved carriers list. Also, if you intend to extend your stay beyond 90 days or change your status once in the United States (for example, you intend to request change of status to student or temporary worker, etc.), then you need to apply for a visa.
So currently, you're out-of-status because you have overstayed and you entered the US under false pretenses.
Pictures about "Going to a border to get another 90 days of visa waiver"
How often can I travel to the USA under the Visa Waiver Program?
The Visa Waiver Program (VWP), administered by the Department of Homeland Security (DHS) in consultation with the State Department, permits citizens of 40 countries to travel to the United States for business or tourism for stays of up to 90 days without a visa.When can you visit the US again after 90 days?
There is no limit on the number of times you may enter the U.S. under either ESTA of a visa. However, if reentering the U.S. using ESTA soon after staying for nearly 90 days, you can expect to be questioned in detail by the immigration officer about the purpose of your visit.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?
Therefore, the length of time of your total stay, including the short trip, must be 90 days or less.What is the Visa Waiver Program in USA | ESTA | Stay for 90 Days in the U.S.A | Zavala Texas Law
More answers regarding going to a border to get another 90 days of visa waiver
Answer 2
Unfortunately the answer is that there is nothing you can do to extend your current stay.
What's more, as you've overstayed your allowed 90 days, your current ESTA is now invalid, and you will likely not be approved if you attempt to apply for another one. If you attempt to re-enter the US with your current ESTA you WILL be denied entry.
Your odds of being able to obtain a visa in the near future are also low. If you have overstayed by more than 180 days then you will be automatically banned from the US for 3 years. If you've overstayed by more than 1 year, the automatic ban is 10 years.
At this point I would suggest leaving the US as soon as possible to minimize the period of your overstay, but one way or another your chances of obtaining a work visa for the US in the near future are somewhere between extremely low and zero.
Answer 3
If you try to do this at the Mexican or Canadian border, you will almost certainly be denied. They do not count as traveling outside of the USA for VWP/ESTA purposes.
Anywhere else, most likely you will still get denied. Your best bet is to return to your home country (France/EU) for a month, then try to return. Even then, the border agent may want you to prove that you are truly coming here for the purposes listed on your ESTA and not trying to immigrate.
Sources: Stack Exchange - This article follows the attribution requirements of Stack Exchange and is licensed under CC BY-SA 3.0.
Images: Ron Lach, Karol Czinege, Alice Castro, Erik Mclean