esta overstay

[lisa cranley 0]

looking for advice my mam is currently in miami on an esta visa and was due to fly out today feb 28th but weather conditions here in ireland her flight could be cancelled. what im asking is here visa is up on friday 2nd march if she doesnt get out on time will she be penilised?

Edited February 28, 2018 by lisa cranley

[geowrian 22,338]

Yes. One day of overstay makes you permanently ineligible to use ESTA (and makes the current one invalid). She would need to apply for a tourist visa to return to the US.

[Crazy Cat 42,245]

If she stays beyond her authorized ESTA stay , yes.  She will lose her ESTA PRIVILEGE.  No one should ever wait until the last minute to leave.

[JFH 12,191]

Depends how much she values the VWP. If she never wants to come here ever again then it won't be a problem. If she is counting on being able to return, then even a minute overstay will be a problem and she will need to apply for a B-2 visa in the future as the VWP path will be permanently closed to her. I assume she is retired if she is able to take such long holidays? If so, she has a good chance of being granted a B-2. 

 

Did she contact her travel insurance to get her policy extended? 

[Used to be broken 147]

I think the most sensible way to avoid a ban on future ESTA use would be to have her get out on any flight overseas and wait the weather out in Ireland. Also at the connecting Airport have her go out and come back in Passport Control and get a Stamp with the date so she can prove she left US when she was supposed to.

[JFH 12,191]

The airport in Dublin or Shannon won't be closed that long. Bearing in mind the pilot and crew will have seen much worse snow than they currently have in the U.K. and Ireland - they probably even live in cities that see far more snow. Airports are cleared and re-opened pretty quickly.

 

It has been quite amusing for me seeing the news of the "severe" weather and "heavy" snow over there and then looking at the window here in the Cascade mountains where we have had snow since October. 

[WeGuyGal 1,052]

And this is why it is recommended to spare a few days for things that are not under your control. 

[Used to be broken 147]

Also, likely if there is a weather situation in parts of Europe the airlines will probably be pretty flexible with moving connections around at the stateside end of things. Just don't go check in for the flight and hand in luggage. Only use carry on and volunteer for any connection that will get her out on time. Its easy to get a inter-Europe cheap flight once she gets over there..if she is not going to ever use ESTA again..ie coming on family visa etc, it really doesn't matter as the bars for overstay kick in after a year. take a picture of the weather for today and keep it handy if you ever apply for a dfferent visa and it comes up explain it and show the details of the weather. Should be no big issue

[Crazy Cat 42,245]

 

4 minutes ago, Used to be broken said:

take a picture of the weather for today and keep it handy if you ever apply for a dfferent visa and it comes up explain it and show the details of the weather. Should be no big issue

Are you serious?

[AshMarty 360]

13 minutes ago, missileman said:

 

Are you serious?

hmmmm..

 

25 minutes ago, Used to be broken said:

Also, likely if there is a weather situation in parts of Europe the airlines will probably be pretty flexible with moving connections around at the stateside end of things. Just don't go check in for the flight and hand in luggage. Only use carry on and volunteer for any connection that will get her out on time. Its easy to get a inter-Europe cheap flight once she gets over there..if she is not going to ever use ESTA again..ie coming on family visa etc, it really doesn't matter as the bars for overstay kick in after a year. take a picture of the weather for today and keep it handy if you ever apply for a dfferent visa and it comes up explain it and show the details of the weather. Should be no big issue

I know a couple that had to hire a lawyer because of a cancelled flight and leaving the US 12 hours late on a ESTA back to England. Getting their K1 approval took an extra 18 months because of the hitch of a 12 hour over stay due to a cancelled flight.

 

I don't think that couple would describe  their experience as no big issue...  ??

[JFH 12,191]

17 minutes ago, AshMarty said:

hmmmm..

 

I know a couple that had to hire a lawyer because of a cancelled flight and leaving the US 12 hours late on a ESTA back to England. Getting their K1 approval took an extra 18 months because of the hitch of a 12 hour over stay due to a cancelled flight.

 

I don't think that couple would describe  their experience as no big issue...  ??

So they spent 89 days here and booked to go home on day 90? They were pushing their luck even without the weather. 

[AshMarty 360]

1 minute ago, JFH said:

So they spent 89 days here and booked to go home on day 90? They were pushing their luck even without the weather. 

We only met the couple briefly but I think they regretted booking a flight so close to the expiration of the ESTA. When the flight was cancelled they had to wait until the next day to leave. The wife let us know the hassle of going through the K1 with an overstay by 12 hours and after they started the process they needed to hire a lawyer because of it. 

 

They did not make it sound like it was a no big issue, kinda of thing.

[Londonergirl 133]

1 hour ago, JFH said:

Depends how much she values the VWP. If she never wants to come here ever again then it won't be a problem. If she is counting on being able to return, then even a minute overstay will be a problem and she will need to apply for a B-2 visa in the future as the VWP path will be permanently closed to her. I assume she is retired if she is able to take such long holidays? If so, she has a good chance of being granted a B-2. 

 

Did she contact her travel insurance to get her policy extended? 

I have heard of people not being able to get a tourist visa after they overstayed their Esta.

If I was the person in questions who couldn't get back to Europe, because of the weather. I would just leave the US, go to Mexico or Canada.

[SusieQQQ 11,587]

14 minutes ago, Londonergirl said:

I have heard of people not being able to get a tourist visa after they overstayed their Esta.

If I was the person in questions who couldn't get back to Europe, because of the weather. I would just leave the US, go to Mexico or Canada.

That only works if she then flies home directly from Mexico or Canada.  

Actually, I’m not even sure about that. Some of the ESTA wording makes it sound like any time spent in Mexico or Canada even if not returning to the US has to be within the 90-day limit. Anyone know for sure? What is definite is that she can’t re-enter the US, even in transit, from Canada or Mexico. 

 

Edit: no, it definitely won’t work at all to go into these countries. The various faqs on Canada/Mexico here make that plain. https://uk.usembassy.gov/visas/non-immigrant-visa-faqs/visa-waiver-program-and-esta/ if you want to go to Mexico or Canada after and then go home, you need to already have had your onward ticket before entering the US.

 

 

Edited March 1, 2018 by SusieQQQ

[Londonergirl 133]

6 minutes ago, SusieQQQ said:

That only works if she then flies home directly from Mexico or Canada.  

Actually, I’m not even sure about that. Some of the ESTA wording makes it sound like any time spent in Mexico or Canada even if not returning to the US has to be within the 90-day limit. Anyone know for sure? What is definite is that she can’t re-enter the US, even in transit, from Canada or Mexico. 

Whaaaaaat? Can that really be right? Where does it say that time spent in Mexico and Canada is included in the 90 days? Never heard. 
Why couldn't she enter the US again?