Overlapping US admissions under the Visa Waiver Program - how long can I stay?
I arrived in the US on September 2, on an ESTA. I got my (European) passport stamped as admitted under the Visa Waiver Program as a tourist (WT), valid for 90 days, until November 30th. My original plan was to leave the US on November 25.
On October 11th, I left the US for a short visit to Europe; I returned to the US on October 22nd. To my surprise, my passport was stamped again with a WT status for 90 days, valid until January 19, 2019.
Now I'm trying to figure out whether I can stay in the US until December 5th. The situation looks a bit contradictory:
- December 5th is more than 90 consecutive days of my first admission, so NO.
- I was away for 11 days, so by December 5th I will not have been in the US for 90 days, so YES, but I think the limitation is about consecutive days, so NO.
- I have a stamp in my passport saying I can stay until January 19th, and the previous admissions are irrelevant. So YES.
What's the correct way to think about this?
Best Answer
Your passport is stamped for a stay until January 19 of next year so you can stay until then. By leaving the USA to a country outside the immediate vicinity, your timer reset. Your status is valid for that duration so you don’t have to be worried about being considered an overstayer.
If you’re worried that your passport was mistamped with the wrong date you can look up your I94 record here and make sure it corresponds with what you have: https://i94.cbp.dhs.gov/
The only concern with your long stay is if you plan to travel much again to the USA in 2019. If you do stay through December, you’ll have been in the USA for four months. If you try to come again in 2019 for a multi-month stay, you may get questioned how you can afford to stay away from your home country so long, whether you’re trying to work in the USA, and so forth. For safety’s sake, it’d be good to have a gap of 6 months to a year before you decide to visit the USA again for multiple months.
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How long can you stay in U.S. on Visa Waiver Program?
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.Can I stay more than 90 days with ESTA?
If you plan to stay longer than 90 days, you must obtain a visa at the nearest U.S. Embassy or Consulate. If you obtain a new passport or change your name, gender or country of citizenship, you will be required to apply for a new travel authorization.How many times can you visit the USA on a visa waiver?
There is no limit on the number of times you may enter the U.S. under either ESTA of a visa. However, if reentering the U.S. using ESTA soon after staying for nearly 90 days, you can expect to be questioned in detail by the immigration officer about the purpose of your visit.What happens if you stay more than 90 days in USA?
If you change your plans during your trip and plan on staying for more than 90 days, you cannot obtain the needed Visa while in the USA. You will have to return home and only then can you apply for the Visa and travel back to the USA.What is the Visa Waiver Program in USA | ESTA | Stay for 90 Days in the U.S.A | Zavala Texas Law
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