I have a B2 visa for the US, but I was admitted under the Visa Waiver Program. Now my ESTA will expire before I leave the US. What should I do?
My dilemma is that I was admitted to the US under my B2 visa on October 27 2017, my passport was stamped with a end of stay of April 26, 2018. (see first picture).
I then went to Iceland for 10 days and when I re-entered my passport was stamped again, but this time it was stamped with 'WT' not 'B2'. The departure date on this stamp was April 6, 2018 (he only gave me 90 days as he admitted me under the VWP and not my B2 visa). (see second picture)
My issue now is that my ESTA will expire at the start of March but I plan to stay in the US until mid April. Am I allowed to stay? Do I need to extend my ESTA or is my B2 visa enough? Can I depart on April 26th like my first stamp says, or do I have to depart before April 6th?
I hope this makes sense. Please help. Thank you.
Best Answer
Your ESTA expiring in March is of no consequence. You must leave by April 6 unless you get your admission record corrected. You can ask at a deferred inspection site to have this done.
The Deferred Inspection Site staff is also available to review and issue the necessary documents to remedy errors recorded on arrival documents issued at the time of entry to the United States relating to improper non-immigrant classification, inaccurate biographical information or incorrect period of admission, if appropriate. Any designated deferred inspection location or CBP office located within an international airport should be able to assist you, regardless of where the actual document was issued.
If they do it, they should give you until July 6, six months after your second entry, but they might also give you until April 26th.
In the future, when you enter the US, present your passport open to the visa page. Also, people who are traveling with a visa should not have ESTA, so if you don't get one in the future it will reduce the chance of similar confusion.
Pictures about "I have a B2 visa for the US, but I was admitted under the Visa Waiver Program. Now my ESTA will expire before I leave the US. What should I do?"
Do you need an ESTA if you have a B2 visa?
Do I need to apply for an ESTA? If you already have a B1/B2 or any other valid visa and you are traveling for the purpose in which it was issued, you do not need to apply for an ESTA authorization.What happens if my ESTA expires while I am in the USA?
As long as you received an ESTA authorization to travel, you do not have to reapply during the validity period. If your ESTA expires while in the United States (U.S.) it will not affect your departure. It is important to PRINT a copy of the document for your records.How long can you stay in US on 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.Can I stay in the US after my B1 B2 visa expires?
You will be able to remain in the United States during your authorized period of stay, even if your visa expires during the time you are in the United States.What 10 things YOU must to know about ESTA travel authorization. Visa Waiver Program
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