Is it possible to extend your stay after entering the US under VWP?
I am currently holidaying in USA and have entered the states on a ESTA visa waiver, I booked my return ticket two weeks after the 90 day ESTA expires (my fault) naively thinking it wasn't a big deal, I went on a short visit (3 days music festival) to Quebec from Maine, upon re-entering the states the border protection official made it quite clear that I would have to return to Australia when the 90 days are up.
Now I am only on holidays and have no medical emergency, but I am having a great time sailing here, is there anything I can do to extend my stay (14 days) to the date of my pre purchased plane departure ?
Best Answer
ESTAs and VWP are not the same thing, I invite to read up more on that.
Since ESTAs are generally valid for 2 years and they only need to be valid when you enter the US and not for the whole stay, I'm guessing that you probably want to extend your stay under VWP. If that's the case, then the answer is no you cannot extend your stay.
You may not apply to extend your stay if you were admitted to the United States in the following categories:
Visa Waiver Program
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Can I extend my stay under ESTA?
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 I extend my VWP?
U.S. Citizenship and Immigration Services (USCIS) can grant extensions of VWP stays, up to 30 days more, if you are hospitalized for an urgent matter or similar circumstances, including to do with the coronavirus. (See 8 C.F.R. Section 217.3.) Such extension requests cannot be made by mail.How do I extend my stay in USA on Visa Waiver Program?
To request this extension of stay, you should schedule an InfoPass appointment with a USCIS officer using USCIS' website, uscis.gov. At this appointment, you should provide documentation and any other evidence to the USCIS officer to support your need to extend your Visa Waiver stay.How can I extend my stay while in the United States CBP?
If you are eligible to extend your authorized period of stay based on your class of admission, you will need to file an application to Extend/Change Nonimmigrant Status (I-539 Form) with USCIS. You can find additional information at https://www.uscis.gov.What is the Visa Waiver Program in USA | ESTA | Stay for 90 Days in the U.S.A | Zavala Texas Law
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Answer 2
As blackbird correctly says, you cannot extend a VWP stay. Your options are therefore:
- Change your flights to fly home within 90 days.
- Fly to another country before the 90 days are up and then back to the US. However note that nearby countries specifically do not reset the visa clock, and won't work for this purpose.'Nearby' is a specific list of countries, including Canada, Mexico and Caribbean countries. The nearest countries that will work for this are in Central America. Also be aware that flying there and then straight back runs the risk of being refused re-entry. Anything that looks like you are trying to game the system can get you refused.
- It is possible, but not guaranteed, that the US might let you back into the country for transit. In other words, go to Canada (or Mexico) before the 90 days are up, spend time there (Canada is well worth a couple of weeks) and then book a connecting flight from Canada (or Mexico) to the airport your original home flight departs from, so it arrives as soon as possible before your home flight takes off. There is a certain amount of discretion the CBP officials have, and if it is clear that you intend to re-enter the US only for transit purposes they might allow it. Be aware that this is a high risk option. CBP would have every right to disallow you re-entry to the US, and then you would have lost the flight tickets. You should have the best possible documentation proving that you have a flight out of the US, and intend to use it. It would probably help your cause not to leave the US right on the 90th day. Anything that makes it looks like you are trying to stay longer in the US will weaken your case.
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