Hypothetically Speaking

MiCrOMaN1

This may or may not have been asked before:

If someone were to fly to the USA under the Visa Waiver Program (VWP) and stay past the 90 days by "missing" there flight, and possibly staying a further 90 days what would be the implications of doing this?:p

lil_lisa

You'll have issues with future US visas, if you ever want to go again. You're better off going to Canada or Mexico (whichever end of the country you're nearest) before the 90 days are up and then redoing it. At least its legal...hypothethically speaking of course!

MiCrOMaN1

Are you sure you can just go to Mexico on a "visa run" and get another 90 days straight away?

ArseBurger

As long as you're not working and you can prove you are there for tourist reasons and can support yourself financially, it's all good.

If you are working there you're breaking your visa conditions and aren't legally allowed to be there for the first 90 days.

silja

It is unlikely anything would happen while you are there for the second 90 days, unless you come to the attention of the police (ie traffic stop etc. Even then they may let you go). The problem comes later; you cannot ever use the VWP again as you breeched its conditions, so will need to apply for a tourist visa, and to get that, you will need to explain your reason for overstaying.

Visa run to Mexico/ Canada can work, but it is up to the border agent. If they have a good day, you can get back in for another 90 days. If they have an average day, you may get back in but they'll only give you a few more weeks. If theyhave a bad day, they will deny you and you'll need to buy a flight back to Ireland from Mexico.

lonestargirl

silja wrote: »

Visa run to Mexico/ Canada can work, but it is up to the border agent. If they have a good day, you can get back in for another 90 days. If they have an average day, you may get back in but they'll only give you a few more weeks. If theyhave a bad day, they will deny you and you'll need to buy a flight back to Ireland from Mexico.

Travel to Mexico and Canada is different, they don't take your I-94 and thus it doesn't reset the clock on the VWP.

An overstay of < 1 year is an automatic 3 year ban from the US, > 1 year is a 10 year ban. If you abuse the VWP you will never be able to use it again and will require a visa for all future trips.

InTheTrees

A friend of mine did this in WasshingtonDC. Call the Homeland security office at the closest airport and ask them. They'll direct you to an office where you can extend it.

But try to do it before the visa expires.