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?
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.
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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.
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Employment / Labor Attorney
If you are overstaying, you should be prepared for the risk of not getting ESTA again.
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