What happens if I'm forced to overstay in the U.S. because my flight is delayed or cancelled?

What happens if I'm forced to overstay in the U.S. because my flight is delayed or cancelled? - Grey Cargo Plane Flying

What generally happens if I am forced to overstay my legal stay in the USA because my flight gets delayed, cancelled, or diverted? Will I be banned from entering the USA? Will I still be able to use the Visa Waiver Program to enter?

Some examples:

  • Amy entered the U.S. on a visitor visa. She was supposed to travel out of the USA on a flight that would leave one day before the date on her I-94. However, that flight was cancelled due to severe weather at her origin airport, and she was rebooked onto another flight that leaves one day after that date.

  • Beatrice is a Japanese national returning on the 90th day of her Visa Waiver Program, traveling back to Japan on All Nippon Airways Flight 175, which diverted to LAX four hours after it departed.

  • Colleen also entered the U.S. on a visitor visa. She was scheduled to leave on a flight that would depart late at night on the last day of her I-94. However, that flight was delayed by a few minutes / one hour, which pushes the departure time into midnight, which technically means she's overstaying.

Note: Some of the foregoing is already covered in the answer to this related post. However, that post is specific to the Visa Waiver Program, and editing it would change its meaning completely; I'm looking for a general answer for both VWP and those traveling on standard visas.

This is also not a duplicate of Legal status in the US on an H-1B visa if flights are delayed by a day?, as that is specific to H-1B visas and the answer there may not apply to other visa types.






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Can I come back to the US if I overstayed?

Overstays & Unlawful Presence If you enter the United States with a valid visa (for example, a tourist or student visa) and overstay by less than 180 days, your visa will be considered void and you'll need to get a new visa in your home country if you want to come back to the United States.

Can you go to jail for overstaying your visa in USA?

\u201c[U]under current law, illegal entry into the United States makes an alien subject to a Federal criminal misdemeanor with a maximum penalty of 6 months in prison. However, unlawful presence itself, such as by overstaying a visa, is not a criminal offense, but only a civil ground of inadmissibility\u2026

What happens if you overstay your US visa by one day?

Even an overstay of one day will result in your visa being automatically cancelled. So if you had a multiple entry B-2 visa, you are out of luck; it will no longer be valid for U.S. entry.

What should you do if you risk overstaying your US visa due to Covid 19?

Apply for an Extension. Most nonimmigrants can mitigate the immigration consequences of COVID-19 by timely filing an application for extension of stay (EOS) or change in status (COS). USCIS continues to accept and process applications and petitions, and many of our forms are available for online filing.



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