inn0min4t3

Hey there,

I am a bit confused about my current stay in the USA. I'm hear on the visa waiver program and after quite a long interview (-_-) I was allowed in for the 90 days.

However, yesterday my grandfather died and I really would like to be back in the UK for his funeral. I arrived on the 20th Jan and the date in my passport says 19th April (90days).

From what I've read, when I leave the USA and come back 12 days or so later, I'll still have to leave on the 19th April?

I'm asking because I made a slight mistake when I booked the tickets of calculating the date NOT INCLUDING the last day so I booked the return flight for the 20th April which of course means I'll be overstaying my welcome which I really don't want.

If needs be, I will have to pay to change my flight to the previous day (the 19th) but I was wondering if I have any other options.. I was thinking I could maybe apply for the ESTA again and hope to be let back on for the period of time upto the 20th April or maybe the time I'm outside the USA wouldn't count towards the 90days.

Thank you.

DavidLemon

When you leave the US and as long as your departure is not to a contiguous country, then your stay is considered complete. The next time you come back its a new trip and 90 new days.

scrubbedexpat099

Do you think after that long interview you will be successful next time so close.

The clock restarts if you are able to re-enter.

md95065

When you leave the US and come back 12 days or so later you may quite possibly not be admitted - or you may be - it is impossible to know in advance.

If you are admitted then you will almost certainly be admitted for another 90 days (although, in theory, you could be admitted under the VWP for less than 90 days I believe that it pretty much never happens).

inn0min4t3

Yes, that's what I'm worried about. Although I will still have the return flights and if they were sure I had enough money to stay for three months, I'd like to think that they'll let me back for the remainder of the stay as I would have been here anyway.

To be honest the interview wasn't too long, it was mostly the waiting around plus we'd been delayed in Paris for three hours so I was also really tired which made things drag on. He seemed to question most why I wrote Sacramento for my address when I landed in San Francisco and seemed confused to the fact that someone would be picking me up from there to take me to my address. Also, my girlfriend has literally just became a resident so I guess they wanted to check about that also.

If I do go ahead, I'm assuming I do need to apply for the ESTA again? Would a death certificate help in proving why I went home for two weeks and then returning to complete my trip?

scrubbedexpat099

Depends if ESTA is current.

You are supposed to go home.

inn0min4t3

Well I did the ESTA application a day before I travelled to the USA like I said, I know it's valid for two years from the date I applied but when I return to the UK does it end completely? Or can I try to enter the US without filling in the on-line form again.

I know I'm supposed to go home and stay there, but because of certain circumstances I'll be going home for two weeks. So I'll be in the US less time than they originally gave me permission for, even if they extend the visa for another 90 days there's no way for me to actually stay that long.

To be honest, normally I wouldn't mind overstaying and not visiting the US again, but now my girlfriend of two years is living here with her family, if we carry things on I'm going to be coming to the USA more recently, and don't want to go through the hassle of a visa every visit so I won't overstay under any circumstances.

RICH

US immigration is concerned with the reason for you entering, not the reason for you leaving. If you can get a new ESTA to come back, no reason to worry.

inn0min4t3

Ok I'm confused again. I thought that the ESTA was the application process to go the US and "apply" for the visa waiver. The ESTA is the thing where I went to the website and filled in my details and paid 14$ or so.

If I leave part way through my trip and want to go back, do I need to do that again?

RICH

I'd say yes. If you leave part way through your trip, your trip is over. Start a new trip.

md95065

As you said, ESTA is valid for 2 years - it is good for multiple trips - there is no need to apply for ESTA again before the 2 years is up unless something has happened that would require you to answer the questions differently.

Noorah101

If you go all the way back to the UK, they won't be letting you back in "for the remainder of your stay". They'll be letting you back in on a new VWP trip, for a new 90-day period. However, with only 12 days outside the USA, it's possible you will not be allowed to enter the USA again so soon.

You don't need to apply for ESTA again, if nothing has changed (i.e. your passport number or a VWP overstay or committing a CIMT). ESTA is valid for 2 years if nothing has changed.

You don't need to prove why you went home; it's actually good that you're not staying your whole 91 days in the USA, otherwise it would be an overstay. You won't be returning "to complete my trip", you'll be making a NEW trip.

Rene

Noorah101

NO. You do not need to re-do ESTA. It's valid for 2 years, UNLESS something changes, such as your passport number, you commited a crime of moral turpitude, or you overstayed the VWP.

Rene

slummymummy

I think it's a good idea to show proof of the death and funeral, to show the reason for your return to the USA so soon. (To complete your previously planned vacation which was interrupted by the funeral.) Sorry for your loss and good luck.

Even though technically yes it's a new trip.

Noorah101

Not "technically", but "actually".

Rene