RobDunford

I came over to the States on the Visa Waiver programme to visit friends, I booked my flights for there and back but made the error of making the actual length of stay 92 days instead of the legal 90 days. What to do? My friends have suggested we go over to Mexico for a few days and get the Visa renewed but I don't know if that will work. I am a UK citizen, resident in the UK. The immigration officer at LAX somehow missed this overstay. Any suggestions, apart from changing my flight which could be expensive, but is a last resort I suppose.
Thanks
Rob

CarlM

Rob,

if it were me, id pay anything to leave before the 90 days is up. Overstay is overstay.. theres no grey area here.

scrubbedexpat099

Well you have not overtayed, yet.

If you want to use the VWP in future, change your flight details.

If you do not, well you are are very unlikely to be picked up and deported in a couple of days.

RobDunford

No-one seems to have commented on going to Mexico to get the Visa renewed.
Thanks
Rob

Rete

It is no longer valid to visit Mexico and/or Canada for the purpose of entry and thereby restarting the visiting time clock. So, no, going to Mexico will not help you.

crg

Going to Mexico/Canada is risky. They aren't supposed to give a new 90 day period of admission to you unless you leave contiguous and adjacent territory. Changing the flight may cost money, but having to fly home directly from Mexico would be more expensive. The officer at LAX doesn't have to spot the 92 day ticket, but you still have to be out in 90 days or less.

meauxna

Leave before your 90 days are up or you may not be able to use the VWP in the future. The officer is not responsible for checking your flight dates; change your ticket.

RobDunford

Well it seems that rules are there to be broken and that there are two sides to the bureacratic face.
I went down to Mexico and on the return went through this long wait to have my visa reissued. Well, the first response was 'no way' the officers there said this was just not possible. But by some chance, they had asked for my drivers licence and when they returned my passport, they forgot the licence. Well, we drove off, feeling a bit peeved at the refusal, but resigned to getting another flight, when my friend pointed out they still had my licence. Back we went, but this time we walked over to avoid the huge car queue. Got my licence and some other papers, then we had to find our way back into the USA and just by some weird chance we went through a different door that made us go through the walk-by immigration controls and it was there we started talking to this woman officer, explaining the situation. She said 'no problem, come this way' so back we went to the same office that refused us (by now they had gone through a shift change) and the lady simply filled out a new card, got it stamped and away we went.
So there you have two entirely different faces of authority. Clearly getting the visa reissued is quite possible, it just depends on who you talk to.
Just thought you might like to hear my little story.

scrubbedexpat099

Not sure if it is the same for a B as a VWP but I have a friend who has done this many times on a B.

Unless the rules have changed, the POE has the option on a VWP, you were lucky and got a fortunate second bite.