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Can you extend Visa Waiver program once in the US on the grounds that you were arrested and awaiting trial?

My court date is coming up at a time when I would have exceeded 90 days allowed and I am distraught at the implications of further violating immigration laws.

phoog
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Bright
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    The short answer is no, you can't extend your stay. The long answer (what to do instead) is probably best put to your lawyer. –  Mar 19 '20 at 20:36
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    @Arthur'sPass is correct. Your lawyer (or you, if you do not have a lawyer) should explain to the court that you are required to leave the US by a certain date. If the court won't allow you to do that, then I don't think you have much choice but to overstay. An immigration lawyer ought to be able to confirm that. – phoog Mar 19 '20 at 20:38
  • The judge already ruled that I would have to be detained if I am unable to get an extension. This seem an unfair rule to foreigners visiting this country – Bright Mar 20 '20 at 02:22
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    @Arthur'sPass Could you make that an answer? – DJClayworth Mar 20 '20 at 03:28
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    @Bright An unfair rule to foreigners visiting the country as a whole or just to those who have been arrested and are awaiting trial? – Traveller Mar 20 '20 at 07:48
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    Ask a lawyer. If you are arrested, there are other rules, and you cannot be accused to wilfully overstay, but "extension" is a different thing: it will give you right to remain also for other reasons. And in any case it will not matter much: for subsequent entries it is not the "overstay" that may cause much problems. – Giacomo Catenazzi Mar 20 '20 at 10:39
  • @GiacomoCatenazzi what if OP is acquitted? – phoog Mar 20 '20 at 13:01
  • @phoog: In that case, "you" have a valid motivation, like hospital recovery. Laws are hierarchical, you are obeying the law enforcement, so in that case, you just add the proof that you well held in US, but you need an official document. – Giacomo Catenazzi Mar 20 '20 at 13:14
  • @GiacomoCatenazzi "satisfactory departure" is available only for up to 30 days, and only upon prior application, but there does not seem to be any way to apply at the moment -- it's not possible to make appointments with USCIS. – phoog Mar 20 '20 at 13:49
  • @phoog: It is basic law: you cannot be charged for following laws enforcement. If you are in arrest, you cannot be charged to overstay. It can happen that it remain some administrative record, but if you have documents, it doesn't matter. Do not look administrative laws in case of arrest (penal law) – Giacomo Catenazzi Mar 20 '20 at 14:28
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    @GiacomoCatenazzi there is no such principle in US law. – phoog Mar 20 '20 at 15:08

1 Answers1

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You can't extend your stay in the US if you've been admitted under the visa waiver program (source)

Note that there are limited circumstances in which a short extension might be granted, but these relate to things outside your control that render it impossible for you to leave.

I speculate that the judge is planning to lock you up to ensure that you can't be deported for overstaying.

In any case, it's not travel advice you need, but legal advice. You should ask your lawyer.