JEN82

Visiting U.S. for 90 days on the visa waiver program and got 2 queries:

1- I know its illegal to do any type of paid employment while I'm there, but can I do volunteer work? I'm an ESL English teacher and I know there are loads of opportunities to teach English as a volunteer in Chicago (where I'll be). Am I able to legally volunteer over the 3 months?

2 I've booked my return flight to the UK on the 90th day after my flight out there. After reading another thread in which it was advised to book max of 88 days after outward flight (in case of flight delays), I've gone into a slight panic! Can you really get into trouble for being over the 90 days if its a case of a flight delay?

Cheers for help!

dbj1000

1 - I'd say it's highly risky to do volunteer work, but others may have more direct experience. If you're volunteering, you need to be able to PROVE that you're not doing a job that an American could/would be paid to do. In the case of teaching, that's going to be damned near impossible, even if you're working for a charity, in my opinion.

2 - Yes, one day overstay beyond 90 days is an overstay, regardless of the cause of the overstay. However, I'm sure many, many people do what you've done, without incident. You're just running slightly more risk than if you were leaving well within the 90 day limit.

J. J. Farrell

On Sep 4, 12:09 am, JEN82 <[email protected]> wrote:
> Visiting U.S. for 90 days on the visa waiver program and got 2 queries:
>
> 1- I know its illegal to do any type of paid employment while I'm
> there, but can I do volunteer work? I'm an ESL English teacher and I
> know there are loads of opportunities to teach English as a
> volunteer in Chicago (where I'll be). Am I able to legally volunteer
> over the 3 months?

You're not allowed to "work" as defined by USA immigration law. "Work"
is roughly anything a USA citizen would be paid to do if in the same
position, It's got nothing to do with whether or not you're paid
(though it's almost certainly work if you are paid). What you're
suggesting is pretty questionable; it might be OK if your "employer"
were to declare that they woud never pay anyone to do the same thing,
but I'd get an immigration attorney's opinion before doing it.

> 2 I've booked my return flight to the UK on the 90th day after my flight
> out there. After reading another thread in which it was advised to book
> max of 88 days after outward flight (in case of flight delays), I've
> gone into a slight panic! Can you really get into trouble for being over
> the 90 days if its a case of a flight delay?

Yes, an overstay is an overstay. One of the consequences is that you
wouldn't be able to use the Visa Waiver again.

English Muffin

I don't want to make you panic even more but I'll share my experience with you. Last year I went to the US on the Visa Waiver Scheme before I had discovered this forum. My flights were 89 days apart. The day I was due to return home my flight from Boston to Newark was delayed, resulting in me missing my flight from Newark to London. It was the last flight of the day so they put me up in a hotel and I flew the following morning.

I was extremely lucky and just scraped in for the 90 day limit. Transatlantic flights are nearly always in the evening and often the last flight of the day - so bear that in mind. I would now always recommend someone giving themselves a couple of days leeway. If it's possible to change your return flight I would.

Gillian