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How many days can a tourist visit america?

Los Angeles, CA |

My boyfriend lives in U.S.A so I've been frequently visiting
In 2011 I visited America from the 25th May untill 24th the trip was 91 days long.
I was on a trasnfer flight home that took me to Washington (IAD) back to London (Heathrow)
Ever since that trip I have been taken into a secondary interrigation room when I have reached LAX and on my last visit in November 2012 the border patrol officer told me not to return without a visa or I would probubly be rejected and sent home...

on the way out I flew with BMI airlines and on the way home I flew with UNITED airlines

I know the problem stems from the trip i mentioned above and I was wondering what I had done wrong and if there was a way to resolve the issue?

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Attorney answers 3

Best Answer

Given the border patrol comments regarding obtaining a visa, it appears you entered as part of he Visa Waiver Program. Tourists traveling on passports from certain countries do not need to obtain visas, BUT are limited to a 90 day stay that cannot be extended. If you entered without a visa and overstayed, that could be the cause of your problem.

Samuel Ouya Maina, Esq. 415.391.6612 Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104



thank you for the reply, yes I was on the visa waiver program,right... so then I stayed 1 day over my legal allowed time, is there any way I could fix this problem, as it was a genuine mistake?

Samuel Patrick Ouya Maina

Samuel Patrick Ouya Maina


There is nothing you can do to "fix" what has happened already. If you want to travel in the future and do not want to risk being refused entry, apply for the visa as suggested by border patrol. Alternatively, if you and your boyfriend are considering a long term future together in the US, you may consider having him petition for you as his fiancee or spouse.


Go to the US consulate to get your visa renewed and make sure of the dates of travel in the future

My name is Stephen R. Cohen and I have practiced over 38 years and can be reached at 213-819-1171. I practiced mainly in Los Angeles and Orange County, California. I am not seeking clients from existing relationships with other attorneys, and give only limited advise over the phone (the phone is primarily used to set appointments), these services do not create an attorney client relationship


Sounds like they're unhappy that you violated the visa waiver program by one day. Perhaps it's time to apply for a B visitor visa to avoid future complications.

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