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Can I overstay ESTA by 8 hours?

New York, NY |


I am currently in the US from the UK on the 90-day ESTA visa waiver program.

I arrived on July 23rd in San Francisco at 1.20PM local time, and I am due to depart from NYC on October 21st at 6.20PM local time.

I have worked out that this means I am actually in the USA for 90 days and 8 hours - so 8 hours over the ESTA limit. Does this count as me overstaying my ESTA? If so, would it be best to change my flight so that I leave within the time constraint?

Thank you,

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Attorney answers 4


No! Don't even try that. You'll never be able to come back on the visa waiver program and will need to apply for a B1/B2 visa at your home country's US consulate. Those visas are easily denied.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


ESTA is counted in DAYS, not hours.

Does your arrival stamp say that you need to leave by October 21st? If so, you have until midnight.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- -- -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


90 days is the limit. Do no risk your privilege.


If you are overstaying, you should be prepared for the risk of not getting ESTA again.

Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes. Law Office of Alena Shautsova , New York Immigration Attorney Blog:

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