esta overstay

[SusieQQQ 11,587]

12 minutes ago, Londonergirl said:

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?

Did you read the link I posted? Which is an official US embassy website, by the way. It says it all in there, so I don’t know why you “never heard”. VWP is a privilege and has a number of conditions attached to it that tourist visas don’t.

[SusieQQQ 11,587]

I realize there’s a lot of text in that link so here are some extracts to help you find what you didn’t know before.

 

If I enter the United States visa free under the Visa Waiver Program, can I then travel to Canada/Mexico/ Bermuda or the islands in the Caribbean?

Yes, provided you have a return or onward ticket. If your return journey will take you back through the United States, even if only in transit, the total trip, including both periods of time spent in the United States/Canada/Mexico Bermuda, or the islands in the Caribbean cannot exceed 90 days. If it does, you will require a visa

 

What if I want to stay in Mexico, Canada, Bermuda or the islands of the Caribbean?

If your ticket terminates in Mexico, Canada, Bermuda or the islands of the Caribbean, you must be a legal resident of the area in order to qualify for visa free travel. If you are not and your stay will extend beyond 90 days from the date on which you first entered the United States, you will require a visa. Legal Permanent residents include diplomats, students or temporary workers at companies located in these areas

 

 

If I am transiting through the United States to Mexico, Canada, Bermuda or the islands in the Caribbean under the Visa Waiver Program, does the 90 day period begin on my initial entry into the United States, even though I am there for only a couple of hours? If I fly into the United States and out of Canada or Mexico, do I need a visa?

The regulations are the same as if you entered the United States for a holiday. If you will transit the United States to Mexico, Canada, Bermuda or the islands of the Caribbean the total trip, including both periods of time spent in the United States, Canada/Mexico, Bermuda, or the Caribbean islands cannot exceed 90 days. If it does, you will require a visa, unless you are a legal permanent resident of the country

 

 

If I fly into the United States and out of Canada or Mexico, do I need a visa?

It will depend on your itinerary. If you have an onward ticket for each stage of your journey, including the journey between the United States and Canada or Mexico, you may travel without a visa. Should you choose to travel this way, you must be in possession of the tickets for each stage of your journey on your initial entry into the United States. You cannot buy the ticket for the journey between the United States and Canada or Mexico on your arrival in the United States. If you will depart the United States for Canada or Mexico by private transport, you will require a visa.

 

 

 

 

[Londonergirl 133]

1 hour ago, SusieQQQ said:

I realize there’s a lot of text in that link so here are some extracts to help you find what you didn’t know before.

 

If I enter the United States visa free under the Visa Waiver Program, can I then travel to Canada/Mexico/ Bermuda or the islands in the Caribbean?

Yes, provided you have a return or onward ticket. If your return journey will take you back through the United States, even if only in transit, the total trip, including both periods of time spent in the United States/Canada/Mexico Bermuda, or the islands in the Caribbean cannot exceed 90 days. If it does, you will require a visa

 

What if I want to stay in Mexico, Canada, Bermuda or the islands of the Caribbean?

If your ticket terminates in Mexico, Canada, Bermuda or the islands of the Caribbean, you must be a legal resident of the area in order to qualify for visa free travel. If you are not and your stay will extend beyond 90 days from the date on which you first entered the United States, you will require a visa. Legal Permanent residents include diplomats, students or temporary workers at companies located in these areas

 

 

If I am transiting through the United States to Mexico, Canada, Bermuda or the islands in the Caribbean under the Visa Waiver Program, does the 90 day period begin on my initial entry into the United States, even though I am there for only a couple of hours? If I fly into the United States and out of Canada or Mexico, do I need a visa?

The regulations are the same as if you entered the United States for a holiday. If you will transit the United States to Mexico, Canada, Bermuda or the islands of the Caribbean the total trip, including both periods of time spent in the United States, Canada/Mexico, Bermuda, or the Caribbean islands cannot exceed 90 days. If it does, you will require a visa, unless you are a legal permanent resident of the country

 

 

If I fly into the United States and out of Canada or Mexico, do I need a visa?

It will depend on your itinerary. If you have an onward ticket for each stage of your journey, including the journey between the United States and Canada or Mexico, you may travel without a visa. Should you choose to travel this way, you must be in possession of the tickets for each stage of your journey on your initial entry into the United States. You cannot buy the ticket for the journey between the United States and Canada or Mexico on your arrival in the United States. If you will depart the United States for Canada or Mexico by private transport, you will require a visa.

 

 

 

 

I had no idea about that! Is that new rules? 

[SusieQQQ 11,587]

18 minutes ago, Londonergirl said:

I had no idea about that! Is that new rules? 

No.

[Unlockable 7,315]

9 hours ago, Londonergirl said:

I had no idea about that! Is that new rules? 

The old just-go-next-door-to-Canada-or-Mexico-for-a-few-days trick has been played out a long time ago. 

 

The more you learn about immigration the more you see that it isn't as seamless as many believe. Many rules and policies that have to be strictly adhered to.

[Sunya and Tim 55]

Our family has experience with this.  Yes, as some have said even a minute overstay will cause the person to lose the right to use the ESTA program.  My now husband had a 4 hour overstay due to a flight delay.  Yes, we know it was crazy to stay that long but we wanted to spend every minute together that we could and we regret that choice every day.  We have had to deal with this every step of the way in his immigration journey.  It was reviewed when he went to get the B2, in the interviews for K-1 and AOS and I am sure they will talk to us again about it at ROC.  They have asked him about it every time we go thru immigration since he got the B2 and sometimes (even with a Green Card) he gets pulled to secondary to be further interviewed.  Before he got the Green Card he was pulled to secondary almost every time, enough times that he knew the folks in secondary at Dublin Airport.  We fly there 4 to 5 times a year to visit my stepson.  We have been told by many IO that this will be a problem for him until he becomes a citizen.  

 

So please give yourself at least a week or so to get back before the ESTA expires.  There are no exceptions to this rule. 

 

I hope your mother gets home soon. Safe travels to her.     

[Crazy Cat 42,057]

2 minutes ago, Sunya and Tim said:

Our family has experience with this.  Yes, as some have said even a minute overstay will cause the person to lose the right to use the ESTA program.  My now husband had a 4 hour overstay due to a flight delay.  Yes, we know it was crazy to stay that long but we wanted to spend every minute together that we could and we regret that choice every day.  We have had to deal with this every step of the way in his immigration journey.  It was reviewed when he went to get the B2, in the interviews for K-1 and AOS and I am sure they will talk to us again about it at ROC.  They have asked him about it every time we go thru immigration since he got the B2 and sometimes (even with a Green Card) he gets pulled to secondary to be further interviewed.  Before he got the Green Card he was pulled to secondary almost every time, enough times that he knew the folks in secondary at Dublin Airport.  We fly there 4 to 5 times a year to visit my stepson.  We have been told by many IO that this will be a problem for him until he becomes a citizen.  

 

So please give yourself at least a week or so to get back before the ESTA expires.  There are no exceptions to this rule. 

 

I hope your mother gets home soon. Safe travels to her.     

That is very, very useful information.   Thank you for posting your experience.  Your post will not only help the OP, but it will also allow others to find your experience using the search function of this site as well as google.......Well done!!!

[Crazy Cat 42,057]

@lisa cranley Was your Mom able to leave the US?