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I visited the USA with an ESTA Visa Waiver 3 years ago and I left the country one day late; instead of 90 days I left on the 91st day, because the flight was bought like this. I do not have any stamp in my passport showing when I left the country. Can I re-enter the USA in the future? Should I write to the embassy to ask?

Robert Columbia
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Ramóna Bob
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1 Answers1

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You did not acquire either a three year or a ten year ban because you overstayed by less than 180 days, but you are barred from using the ESTA again because any overstay prevents you from using it again. You can apply for a visa. Be ready to show why you are unlikely to overstay again.

Robert Columbia
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    This is correct, you will need to apply for a visitor visa... had your flight been delayed, weather or natural disaster you could use the ESTA and explain to the border guard with proof... this is what a border guard told me when I was using the full time of the VW program – BritishSam Jun 27 '17 at 13:07
  • thank you and how they now when I left the country? I do not have any stamp in my passport... – Ramóna Bob Jun 27 '17 at 13:45
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    @RamónaBob they may already know about it through airline records. If not, you can let them know. If there is no record of your departure, it is even more important to inform them because otherwise they might assume that you overstayed even longer. – Robert Columbia Jun 27 '17 at 13:50
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    The question says "flight was booked like this" so the OP left by air. Almost certainly the airline reported the OP's departure as usual. – Patricia Shanahan Jun 27 '17 at 16:36
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    This happened to me. If they have no record if your departure, they will round up your estimated departure date to the next time they have a record of you entering/leaving the country. (hence they thought my 3 day stay was a 95 day stay, because I left by driving across the border, and then re-entered 92 days later. The re-entry was allowed because my H1B trumped the apparent 5 day overstay, but once my H1B expired years later, that 5 day overstay prevented me using ESTA again, until I demonstrated to them that I hadn't actually overstayed, using bank statements, etc to prove my location) – Jonathan Hartley Jun 27 '17 at 17:20
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    @RamónaBob If you left by plane, it will normally have been recorded. You can see if there is an I-94 record of departure on the CBP website https://i94.cbp.dhs.gov/I94/#/home – Tom Carpenter Jun 27 '17 at 17:50
  • @JonathanHartley: Thanks for sharing that. Can I ask how bank statements prove your location? – user541686 Jun 27 '17 at 22:30
  • @Mehrdad My bank statements show the locations where my debit card was used. – Russell Borogove Jun 27 '17 at 23:27
  • @RussellBorogove: Oooh, I totally forgot about that! Thanks!! – user541686 Jun 28 '17 at 00:18
  • @Mehrdad Yeah, and locations of ATMs I used. – Jonathan Hartley Jun 28 '17 at 02:10
  • @JonathanHartley That makes me wonder: Why did they not have record on your intermediate departure, but supposedly do have records of the OP leaving? Isn't the implementation of effective checks on all feasible borders part of "border control 101"? – Hagen von Eitzen Jun 28 '17 at 05:13
  • @HagenvonEitzen: I drove across the border to Canada, and wasn't stopped. I didn't hand in the paper they staple into your passport, I didn't realise it was important. – Jonathan Hartley Jun 28 '17 at 15:06
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    @HagenvonEitzen They are less concerned about collecting departure information because they can just assume continuous overstay until the visitor proves otherwise. The airlines do report visitor departures by air, which is why they should know the OP only overstayed one day. – Patricia Shanahan Oct 28 '17 at 15:48