Will I face problems if staying 91 days in the US visa-free?

Will I face problems if staying 91 days in the US visa-free? - Woman in Blue and White Crew Neck Shirt

I am going in less then a month to the United States for a 3 month period. I already have an ESTA that's valid until the end of the year.

I already have my flight tickets, but I read somewhere that I am allowed to stay 90 days, but unfortunately I counted the days I am staying are 91.

Do you think I will have problems? My ticket its not refundable, so I really didn't want to pay for the excessive fees they charge for changing the dates.



Best Answer

You have 3 options:

  1. Rebook your return ticket / Buy an additional one-way return ticket (might be less expensive than re-booking a non-refundable ticket)

  2. Get a visa (costs USD 160)

  3. Overstay, be banned from entering without a visa ever again, and get a black mark in the US systems.

Personally I would go with option 1, but it's up to you.




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What happens if you stay more than 90 days 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.

What happens if you overstay VWP?

Those who overstay the terms of their entrance on the VWP are automatically deported from the United States.

What happens if I stay longer than 180 days in USA?

If you overstay by 180 days or more (but less than one year), after you depart the U.S. you will be barred from reentering for three years. If you overstay by one year or more, after you depart the U.S., you will be barred from reentering the U.S. for ten years.

How long can you legally stay in the US without a visa?

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 the Visa Waiver Program in USA | ESTA | Stay for 90 Days in the U.S.A | Zavala Texas Law




More answers regarding will I face problems if staying 91 days in the US visa-free?

Answer 2

Other options:

  • Leave the country and re-enter at some point. You may have to go further than Canada, Mexico, or the Caribbean to satisfy the VWP requirements, but if you can get cheap flight to South America it might be worth spending some time there.
  • Depending on the flight times, baggage and airport opening hours, you might be able to go through security on the evening of day 90, and wait air side until your flight.

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