Overstaying US Visa Waiver Program
I have a tricky question regarding an overstay of the Visa Waiver Program.
I'm an Australian citizen who's spent the last 5 months or so in Mexico, and will be heading back home soon. In order to get to Mexico, I travelled through the US (LAX international), and did so through the Visa Waiver Program.
Having recently discovered that my time in Mexico counts towards my 90 day limit under the VWP, this will complicate things.
My question is if I can travel back home through South America (particularly, through Santiago, Chile) without entering the US, will they still have it on their records that I have overstayed my VWP, as in through some international record-keeping? In other words, if I manage to avoid passing back through US CBP, will they be none-the-wiser so to speak?
Any advice on this would be much appreciated.
Thanks in advance!
Best Answer
You have not overstayed. You are fine to go back to the US on this trip or on any other trip.
Time in Mexico does count under the 90 days that you are allowed spend in the USA, however only if you return to the US within that same 90 days. Once day 91 rolls around, your "maximum 90 days" entry to the US is completed - regardless of whether you are still in Mexico or not.
When you re-enter the US after that occurs it will be treated as a new entry. The immigration officer will look at the details of your previous travel (specifically, ONLY time that you were in the US itself), and decided if you should be granted another 90 day entry to the US under the VWP. In your case, where your trip to Mexico was clearly not a "visa run" you will be granted a new entry, and the 90 days will start again.
If you had, for example, left the US on day 89 and was trying to re-enter on day 91 then it would be a very different story. Technically the immigration official would have the option of granting you another 90 days entry, however it's unlikely they would do so due to the appearance that the trip to Mexico was simply a "visa run". This obviously isn't relevant in your case.
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What happens if I overstay visa waiver program?
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.Can my U.S. visa overstay be forgiven?
Can my U.S. visa overstay be forgiven? Yes, there are cases where the government will forgive your visa overstay, and you can obtain a waiver.Do I need a waiver if I overstayed my visa?
Automatic Visa Revocation After Overstay of Any LengthThere 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.How long can you stay in U.S. 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.What is a Visa Overstay? Consequences and Solutions to Over staying a Visa
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