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My non-immigrant visa allows me to stay in the US for 90 days, but I made an error calculating those days when purchasing my ticket. At the time of entering the US I was told that I am a day off the limit and need to leave at least a day early. My ticket is not changeable and a new ticket costs a lot of money. If I arrive a day before my departure (24 hour prior check-ins are allowed) to be at the international transit area of the airport - would I avoid overstaying my visa without having to buy a new ticket?

AdayOff
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    The U.S. does not have exit control, so the time you arrive at the airport is irrelevant, and there is no international departures area in any legal sense (some airports designate a terminal or concourse for international flights, but others use the same gates as domestic flights). I don't have time to research a full answer, hence the comment; hopefully someone knowledgeable in addressing this as far as future visas are concerned will chime in. – choster Jun 09 '17 at 22:45
  • @choster I can be corrected on this, but I believe it happens as part of the airline check in and having the passport scanned for int'l flights; the carrier collects the info and transmits it to CBP. Checking in online doesn't do it, nor does going through security at the airport. OP would have to see whether the carrier would allow it that far in advance of the flight, as flight check ins have 'open' times in their system. Then, going past security and staying in the departure terminal would probably be okay, particularly if it's a large airport. – Giorgio Jun 09 '17 at 23:18
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    As a general comment on this and similar questions, it would be much better to plan to leave a few days before the 90 day point. There is less risk of miscalculation, and a margin for issues such as transportation problems making you miss your flight. – Patricia Shanahan Jun 09 '17 at 23:34
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    @Dorothy but the departure is surely recorded as of the aircraft's departure. I would be very surprised if the time of check-in or of arrival at the airport would make any difference whatsoever. – phoog Jun 09 '17 at 23:37
  • Are you actually in the US with a visa? The 90-day period suggests that you are instead using the visa waiver program. – phoog Jun 09 '17 at 23:42
  • Also, on what date did you enter, what date was stamped in your passport, (and when is your flight scheduled to depart)? I ask mainly because we've recently discussed the proper calculation of 90 days in US immigration law, and I'm curious whether your experience is consistent with our conclusions. – phoog Jun 10 '17 at 00:16
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    Are you certain your flight is 100% not changeable? Some are, but many fares out of the US are changeable with the payment of a hefty change fee and difference in fare. That could cost quite a bit (sometimes more than a new ticket), but it's worth calling the airline to confirm the relevant rules if you haven't already. Failing that, I'd start searching for the best deal on a new ticket so you can leave on time. – Zach Lipton Jun 10 '17 at 00:22
  • @phoog indeed, you must be right; surely 'departure' happens with manifest and that closes with the aircraft doors. So this is just an interesting discussion, with everyone trying to help and OP just has to fix it, however. You might add an answer, making it clear that VWP/overstay=visa app in future. And, if you know, if that situation could affect future CN visas... – Giorgio Jun 10 '17 at 00:47

2 Answers2

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The comment from @choster is right on it. Basically the airline passenger manifest submitted to immigration/CBP will show the departure date and time the airline left. So even if your airline allows 24 hour check in, it's not going to help you because your departure date will pop up on your electronic I-94 record showing you overstayed.

CASE 1: IF YOU ENTERED VIA VWP

Make sure you leave latest by the last day you're supposed to. Overstaying on VWP essentially means you will never be able to use VWP to enter again and will always have to go for a visa.

CASE 2: IF YOU ENTERED WITH A VISA

Now if your current visa is expiring and the cost to get a new ticket is too high, personally I might do the one day overstay. It shouldn't be too much of problem when you go for renewal if you have an otherwise strong immigration profile and history. Disclaimer: My older brother overstayed by a couple of days previously and had his renewal without a problem.

However if your visa is a long term multiple entry visa and it is not close to expiring, overstaying even by one day automatically voids it and you would have to apply for a new visa so I would think twice or thrice about it.

What the Visa Expiration Date Means

It is important to note that there are circumstances which can serve to void or cancel the period of visa validity. If you overstay the end date of your authorized stay, as provided by the CBP officer at a port-of-entry, or United States Citizenship and Immigration Services (USCIS), your visa will automatically void or cancel unless;

You have filed an application in a timely manner for an extension of stay or a change of status;

That application is pending and not frivolous;

You can file to extend your status by a week with a good reason however it will cost $370 and it takes up to three months or more to be adjudicated by which time you will likely have left, and immediately you leave the petition to to extend status becomes void.

CONCLUSION

As with most immigration matters, sticking religiously to the rules is the safest way to go so you don't have to rely too much on the leniency/discretion of immigration officers. Find the cheapest ticket you can get and exit before the last day of valid stay. If you know someone with a bunch of airline miles, you can get him/her to get you a one way award ticket for a very reasonable price, maybe one third or less of a return ticket.

Augustine of Hippo
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    Despite the terminology in the question, it seems likely that the traveleris using the VWP. An overstay will make the traveler permanently ineligible to use it in the future. – phoog Jun 09 '17 at 23:40
  • You are likely right on that, the 90 day most likely would be a VWP national. – Augustine of Hippo Jun 09 '17 at 23:43
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    Could the OP fix the problem by finding a cheap round trip to somewhere far enough away (not Canada, Mexico, or the Caribbean)? Leave well before the 90 days are up, spend a few days sightseeing somewhere else, and return to the US as a new visit. – Patricia Shanahan Jun 10 '17 at 03:47
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As chister said, there is no international area, and no exit controls. The duration you stayed, if needed for a further visa, will be calculated by the flight you left on.

That means the only way to avoid the overstay is to leave early.

As a wild idea, maybe you can leave the US a day early, flying (or driving) to Canada or Mexico, buy a flight back to your airport, basically doing a 'transfer' onto your original flight. I don't know if this can even work - just as a wild idea, as said.

Aganju
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    Exit to Canada/Mexico doesn't affect the 'clock.' – Giorgio Jun 09 '17 at 23:22
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    It doesn't reset it, yes, but he would leave in time and not come back (just transit) – Aganju Jun 09 '17 at 23:24
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    Unfortunately the US doesn't really have the concept of "just transit". If you land in the US you enter the US. The OP could try applying for a transit visa for the extra day. Don't know if it would work. – DJClayworth Jun 09 '17 at 23:31
  • But transit requires coming back, because, as you note, there's no international transit area. All US transit passengers have to pass through passport control. A new admission would be within the letter of the law, butit's risky: the chance of being denied entry seems high. – phoog Jun 09 '17 at 23:36
  • @DJClayworth one cannot apply for a transit visa when one is in the US. – phoog Jun 09 '17 at 23:36