Can I overstay ESTA by 8 hours?

Asked about 1 year ago - New York, NY

Hello,

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,

Attorney answers (4)

  1. Giacomo Jacques Behar

    Pro

    Contributor Level 20

    4

    Lawyers agree

    1

    Answered . 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... more
  2. Alena Shautsova

    Pro

    Contributor Level 20

    Answered . 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... more
  3. F. J. Capriotti III

    Contributor Level 20

    1

    Lawyer agrees

    Answered . 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 -- franco@capriotti.com -- www.capriotti.com -- This blog posting... more
  4. Daniel Patrick Hanlon

    Contributor Level 20

    1

    Lawyer agrees

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

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