Overstaying ESTA Visa waiver in the US
I recently discovered that I will be over-staying my 90 day visa waiver by 2 days. My question is about leaving the country as I fly from NYC to LA before flying home to Australia and I'm wondering that if because the Visa has technically expired will I be allowed to fly from one US state to another or will I be forced to fly directly out of the US from NYC?
Best Answer
There is no requirement for visa to be valid for travelling within the US as long as your identification is valid you will be allowed to board the flight. The problem will come if you decide after flying back to Australia to re-enter the US. More likely then not you will not be able to enter under a VWP, since you have overstayed your visa. Whether or not it results in all out entry ban remains to be seen.
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What happens if you overstay your visa waiver in the US?
If the visitor accrues unlawful overstay under the Visa Waiver Program, the visitor will be permanently barred from the program. In order to travel to the United States thereafter, such individuals would have to apply for a visa at the U.S. Embassy and may face with the refusal of their visa application.What happens if I overstay my ESTA in USA?
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.Can you travel within the US If you overstay your visa?
The answer to your question is Yes. You can travel on domestic and the risk is very little although present. Depending on which state you are traveling to and from, you could be at a higher risk of removal.Can an ESTA overstay be forgiven?
There is no waiver or forgiveness for this. But if you did, in fact, submit an application to USCIS for a change or extension of status before the departure date, and USCIS eventually grants it, none of your overstay will count against you.What is a Visa Overstay? Consequences and Solutions to Over staying a Visa
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Answer 2
Overstaying the Visa Waiver Program means that you will face more difficulty trying to return to the US. You will be ineligible for the Visa Waiver Program in the future, because you overstayed. You will have to apply for a B-2 visitor visa to visit the US.
If you overstay the time that you were given on the visa waiver program you will start accruing unlawful presence. You may be barred from returning to the US for 3 or 10 years depending on your length of overstay.
So long story short, you'll be breaking US law by overstaying. And that's NEVER a good position to be in. Sure, you'll likely to be able to fly to LA, as they're just looking for ID (eg passport) - you don't go through immigration. But when you exit the country (LA), they're going to be asking questions, and you may find yourself with a flag on your passport, or worse.
Remember, even if you're not ever intending to return to the US, having this on your record may impact your ability to travel / immigrate to other countries in the future as well. Even if you think you won't need it, never say never, and if at all possible, fly earlier, or call the CBP or your consulate and ask for the best possible course of action.
Answer 3
Overstaying your visa duration is definitely a frowned upon offence and can damage your chances of being allowed reentry into the United States. Whilst doing the visa wizard on the immigration visa website one of the questions is: "Have you ever overstayed a visa, even by one day?"
The United States takes such violations VERY seriously, so I would tread carefully. I think your situation can't really be answered on this site, I recommend speaking with an immigration lawyer who can assist with obtaining the right information and what your options are.
Sources: Stack Exchange - This article follows the attribution requirements of Stack Exchange and is licensed under CC BY-SA 3.0.
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