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Extending holiday in USA past 90 days

Extending holiday in USA past 90 days

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Old Aug 1st 2013, 8:54 pm
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Default Extending holiday in USA past 90 days

I came to Newark NJ airport via London on May 23rd through visa waiver (I'm a British citizen, born in UK).

I understand that I need to be out by August 23rd as this will be 90 days since entry.

How do I extend my stay? Can I just buy a return flight to Canada? Or should I apply to extend my stay another way?

Thank you from a Londoner
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Old Aug 1st 2013, 8:59 pm
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Default Re: Extending holiday in USA past 90 days

You can't.

To restart a new 90 period you would need to travel to a non-contiguous country plus it is recommended to spend as much time out of the country as in, so 90 days in 90 days out otherwise you are likely to be denied entry.

Alternatively, what are you really trying to do? Why do you want to extend?

Last edited by sir_eccles; Aug 1st 2013 at 9:01 pm. Reason: Added question
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Old Aug 1st 2013, 9:02 pm
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Default Re: Extending holiday in USA past 90 days

Is there any official source for this? (the 90 days in/out rule)
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Old Aug 1st 2013, 9:07 pm
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Default Re: Extending holiday in USA past 90 days

Originally Posted by Lit Up
Is there any official source for this? (the 90 days in/out rule)
As Sir Eccles says, it is recommended that you spend as much time out of the USA, and not in Canada or Mexico, you can try it with less, but you greatly risk being denied entry, and once you have been denied entry you can NEVER use the VWP again and you would be sent straight back to the UK as immigration would suspect you might be wanting something more than a holiday visit. If you were sent straight back, then you couldn't apply for an ESTA for at least 6 months as you would almost certainly be denied.
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Old Aug 1st 2013, 9:10 pm
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Default Re: Extending holiday in USA past 90 days

Originally Posted by Lit Up
I came to Newark NJ airport via London on May 23rd through visa waiver (I'm a British citizen, born in UK).

I understand that I need to be out by August 23rd as this will be 90 days since entry.
By my calculations, that's more than 90 days? So you'd need to leave earlier than that, and ideally give yourself a bit of leeway just in case your flight is delayed or similar.

Last thing you want to do is overstay, so do be very careful with dates.
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Old Aug 1st 2013, 9:10 pm
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Default Re: Extending holiday in USA past 90 days

Originally Posted by Lit Up
Is there any official source for this? (the 90 days in/out rule)
No, intentionally so to give the officer at the POE the greatest latitude in deciding your case on its merits or lack thereof.
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Old Aug 1st 2013, 9:12 pm
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Default Re: Extending holiday in USA past 90 days

Originally Posted by christmasoompa
By my calculations, that's more than 90 days? So you'd need to leave earlier than that, and ideally give yourself a bit of leeway just in case your flight is delayed or similar.

Last thing you want to do is overstay, so do be very careful with dates.
by my calculations as well, it's 91 days, OP you need to count the day you arrive AND the day you leave in the 90 days.
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Old Aug 1st 2013, 9:13 pm
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Default Re: Extending holiday in USA past 90 days

Originally Posted by Lit Up
Is there any official source for this? (the 90 days in/out rule)
No, it's just a general rule of thumb for the best chance of a successful VWP visit.

You can certainly try coming back the very next day, but you can't just go to Canada, Mexico, or adjacent islands for a new 90-day stay. You have to go further away than that. And this rule IS in writing, you can google it.

Rene
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Old Aug 1st 2013, 9:32 pm
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Default Re: Extending holiday in USA past 90 days

Originally Posted by mikelincs
by my calculations as well, it's 91 days, OP you need to count the day you arrive AND the day you leave in the 90 days.
I made it 92 days, but didn't include the last day as I wasn't sure it counted! Either way, it's more than 90.
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Old Aug 1st 2013, 9:33 pm
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Default Re: Extending holiday in USA past 90 days

I only really want to stay another fortnight so that I can go to Burning Man festival. Can I not extend it for just another fortnight? I don't want to stay another 90 days!

Also, I only have a US stamp in my passport dated May 23rd, I do not have any further documentation other than the ESTA confirmation of receipt I received after applying, before I reached the border.
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Old Aug 1st 2013, 9:39 pm
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Default Re: Extending holiday in USA past 90 days

There isn't a "just one fortngiht" exception, unfortunately. Entering on the VWP is a trade-off: you don't need a visa, but you can't stay past 90 days and you can't extend your stay.
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Old Aug 1st 2013, 9:40 pm
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Default Re: Extending holiday in USA past 90 days

Well, what's the advantage of visa waiver program then? If I want total flexibility, should I not just apply for a visa the old fashioned way next time, and then have the option of extension?
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Old Aug 1st 2013, 9:43 pm
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Default Re: Extending holiday in USA past 90 days

August 21st is certainly 92 days. Leave on the 19th.

Originally Posted by Lit Up
Well, what's the advantage of visa waiver program then? If I want total flexibility, should I not just apply for a visa the old fashioned way next time, and then have the option of extension?
If you're elligable for the VWP you're likely to be denied a B2, and that means no travel to the US for at least 6 months.
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Old Aug 1st 2013, 9:43 pm
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Default Re: Extending holiday in USA past 90 days

Originally Posted by Lit Up
Well, what's the advantage of visa waiver program then? If I want total flexibility, should I not just apply for a visa the old fashioned way next time, and then have the option of extension?
The advantage is not having to pay to apply for a visa, travel to London for an interview and all that fun. You'd have difficulty extending a tourist visa too probably. Also if you are otherwise eligible for the vwp you won't get a B2.
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Old Aug 1st 2013, 9:47 pm
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Default Re: Extending holiday in USA past 90 days

Originally Posted by Lit Up
I only really want to stay another fortnight so that I can go to Burning Man festival. Can I not extend it for just another fortnight? I don't want to stay another 90 days!

Also, I only have a US stamp in my passport dated May 23rd, I do not have any further documentation other than the ESTA confirmation of receipt I received after applying, before I reached the border.
Please, please, please read the answers to your posts, 90 days is the limit for a stay on the VWP, 91 days is an overstay, there is no 'extension' available, it's set in stone. You could leave, fly back to the UK, and then return, but it wouldn't matter to the immigration officials at the POE that you ONLY wanted to stay for 2 weeks, they would look at you details, see you had only just spent 90 days in the US, and immediately alarm bells would start ringing. They would then deny you entry, and send you straight back, and you would be unable to use the VWP EVER again. Why not go home, save up some money and return next year after ensuring your 90 days would allow you the go to the burning man festival, it's on every year
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