okay

Am a Brit in the US on an ESTA. On arrival 13 Dec 2016 they stamped in my passport Class WT ending 15 March 2017.

That looks like the standard ESTA allowance of three months, which afaik according to the rules cannot be renewed by travelling to Mexico and back.

However I did just travel to Mexico and back, and I had a new stamp on return to US 4 Feb 2017, when they stamped in my passport Class WT ending May 4 2017.

So was that a mistake by the official which I should ignore, and still get out of here by 15 March?

Or did he have the power to extend my allowed stay to May 4, with that stamp?

ian-mstm

Yes, 90 days (not 3 months).


Correct.


On the surface it would seem to be a mistake, but...


... yes, he does. The I-94 (not the stamp) determines how long you can stay in the US. I suggest you get online and check the I-94. If it shows May 4, then I suggest you got lucky!

Ian

okay

Thanks! I didn't even know that the I-94 is online. And that anyone online can access it if they know our passport numbers. Went and checked it and it confirms your thought that I got lucky.

I can't understand why an official would do this though. Kind of interesting. Guessing one of: (i) We had a kind of friendly, jokey conversation so maybe that helped. (ii) It was in California, just a day after Trump's travel ban got overturned and all the demos and news about it. (iii) Or maybe he had a record that I had to step out of line on my last entry due to an overzealous rookie official sending me up to her superior, and he wanted to make it up to me. Or (iv) He just didn't bother to check my passport for other stamps properly. Or (v) knew exactly what he was doing and felt generous.

tom169

I vote (IV), but nonetheless happy vacationing.

MsElui

just know that it will show in the future as 2 trips close together so you likely should leave a long gap before trying the next to ally any of their suspicions

okay

Thanks but I have nothing to hide as I am self employed with European clients and European bank accounts, and work at home from my laptop, receive no US income and can prove it. They can be as suspicious as they like, interrogate me for as long as they want and they won't find that I've broken any rules. AFAICS there's no rule that says that with an ESTA I can't return to the US for another 90 days, as soon as I've popped back to Europe. I simply like being in the US and have the benefit of carrying on my normal employment wherever in the world I go.

I guess what might be different is if I wanted to stay a total of more than 6 months in a year on an ESTA, which might be against the rules I guess. That time-frame tends to be the trigger for income tax liability - it is in the UK anyway.

tom169

Woah! Hold on for a second... You cannot work on the VWP! This includes working remotely / from home. You should stop working right away whilst here in the USA.

It doesn't matter where your clients are, where your bank accounts are, where money is, what matters is where you physically are.

You are allowed to do certain business activities, such as attending a conference or meeting.

There is no rule specifically stating that you can't have back to back 90 day visits (as long as the timer is reset). However, all entries are at the discression of the CBP agent and so it could raise red flags if you are visiting too often.

Also, you don't want to pass the substantial presence test and get on the IRS's radar!

ian-mstm

With respect, you seem to think that any of this makes a difference. The CBP officer can deny you entry simply because he thinks you're coming to the US too often. It doesn't actually matter whether you are or not... and there is no appealing his decision.


True - but there is a rule that says you can't work while you're in the US on the VWP. It doesn't matter that you use a laptop, or who the clients are, or where they're located, or whether you have US income, or even where the money ends up. The sole criterion is whether or not you're inside the US while you're working.


With respect - no, you don't.


... except, apparently, working illegally in the US.

Ian

ian-mstm

Yup, that's for sure! Most people think US immigration is a bear to deal with... but the IRS makes US immigration seem like a pleasant walk in the park.

Ian

ian-mstm

Except you've just admitted to working illegally.

Ian

okay

No, British company owners going to Miami for a month on an Esta can still email their chief of operations back in London to see how things are going - or for that matter, send them a project plan that they wrote on their laptop on the beach. That is not defined as working in the US because you have not taken a US job, you are continuing your normal job outside the US.

tom169

Honestly, you don't have a clue. You're in the scary zone where you have read a few things incorrectly and think you know what you're on about.

In your example, the person is carrying on their day job in the USA on the beach - writing a project plan and sending it back to their chief. This is working.

It doesn't matter one bit if that is a UK job or a US job, if the person's butt cheeks are in the USA and they are on the VWP then they are in breach.

okay

FYI I'm actually writing a book. That is not working illegally. Steady on with the personal attacks, which are against the rules of this forum.

ian-mstm

If your job is to create project plans, then bzzzt... wrong. Don't confuse what's allowed with what you might get away with. They're not the same thing.


With respect, taking a US job is not the criterion for whether or not you're working in the US. You really don't have a clue do you?

Fortunately, ignorance can be cured. Alas, stupidity is forever!

Ian

ian-mstm

If you were an author, it would be.


I don't call myself a sanctimonious prick for nothing. When I attack you personally... believe me, you'll know it. I haven't started yet.

Ian