Will I overstay my Visa Waiver if I fly from Mexico to catch a flight in New York back home on the same day?
I read a lot of things here but couldn’t figure out a clear and safe answer to my own question. Thank you for your help!
I will go in 3 days to the US, where I will stay exactly for 90 days (I have an ESTA). I recently made the mistake to buy a flight to go home with a date that happens to be approximately 3 weeks after the date I am allowed to stay in the US.
Since I can’t cancel that flight and would like to avoid to lose money for nothing and buy a new flight on top of it, I thought I could go to Mexico for these 3 weeks after my 90 days, and then come back by plane to New York in order to catch my flight home on the same day. Which means I would have to pick up my luggage and therefore cross the border to do the check-in for the flight home.
Will I be in trouble at the border (or already at Mexico airport) because it would mean exceeding my stay, even though it’s just for a layover/stopover and I have the proof I’m leaving the country on the same day?
Also, since Mexico doesn’t count as a foreign country, does that mean I’m exceeding way more than 1 day, but in fact 3 weeks of overstay?
Thank you very much for your help!
Best Answer
Going to Mexico (or Canada or many Caribbean countries) won’t reset your VWP timer and there’s a possibility you won’t be allowed back in the USA to catch your flight if the immigration control officer thinks you’re trying to game the system.
Which, to be fair, you are. Showing the ICO your ticket for your same-day flight out of the USA and expressing willingness to be escorted to the gate and onto the departing plane may help (as that’s what they’d have to do anyway to deport you) but if the ICO is in a bad mood, they could still enter a black mark in your entry record which will make it difficult to ever visit again.
As a commenter pointed out, you’ll likely be able to change your flight date for cheaper than flying to Mexico. Telling the agent your sob story on the phone will increase the likelihood they will bend the rules to allow this (such as waive or lower the change penalty).
Footnote: Even if you travel to an country where the ESTA would reset (i.e., South America, Asia, Europe), you would have been in the USA for 89+ days, then travelled out for 3 weeks and are returning. Most ICOs will look at such a quick return after a long trip rather skeptically. You'll still be at risk for being denied, which would be a black mark on your travel record and IMHO not worth doing.
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Can I travel within the US if I overstayed my visa?
The answer to your question is Yes. You can travel on domestic and the risk is very little although present.Does Mexico reset ESTA?
Where must you travel to in order to before returning on an ESTA to get a new 90 days? You must leave the whole North American region completely to reset this. You can't just pop to Canada or Mexico to try and reset the 90-day counter.What happens if you overstay your visa by one day?
Automatic Visa Cancellation After an Overstay 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. (See Section 222(g) of the Immigration and Nationality Act (I.N.A.)How does the US know if you overstay your visa?
Travel Records It's pretty easy for foreigners in the U.S. to know if they've overstayed their visas. All they need to do is look at their I-94 arrival and departure cards, which clearly state how long they can stay.What is a Visa Overstay? Consequences and Solutions to Over staying a Visa
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