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USA Visa Waiver, Number Of Days In Country.  
User currently offlinereadytotaxi From United Kingdom, joined Dec 2006, 4283 posts, RR: 2
Posted (2 years 10 months 4 weeks 1 day 14 hours ago) and read 3759 times:

I travel a number of times a year to the USA and before the current system we filled in our green form had it stamped and then handed in when we left the country. How to immigration now calulate the number of days you have stayed in the country under the ESTA system? What checks do they do?

you don't get a second chance to make a first impression!
4 replies: All unread, jump to last
User currently offlineicanfly From Australia, joined Aug 2011, 102 posts, RR: 0
Reply 1, posted (2 years 10 months 4 weeks 1 day 5 hours ago) and read 3683 times:

In general, the United States has no exit controls. Therefore, when you leave the US, there are no checks for how long you have stayed and whether you have exceeded the 90-day maximum stay allowed under the Visa Waiver Program. The enforcement rationale seems to be that even if you have broken the law and overstayed, you're leaving the country anyway so there's no point in seeking to punish you (and the punishment would likely be deportation).

However, if you depart the United States by air, your airline electronically notifies US Customs and Border Protection (CBP) of your date of departure. In this way, CBP will know how long you have stayed in the US. While an overstay is usually not a problem when leaving the US, it WILL certainly be a problem when you next enter. The overstay will flash up on your record with CBP and the officer will not be happy. You will likely be arrested and jailed or deported on the next flight to your home country. You can also forget about ever getting ESTA approval again, you will have to apply for a visa each time you want to visit the US again.

If you leave the US by one of the land borders, CBP isn't notified of your departure like if you leave by air. However, they can probably still work out how long you stayed, for example by comparing the date of your US entry stamp against the entry record for the next country you entered.

United: please start SYD-IAH!
User currently offlinereifel From Germany, joined Feb 2005, 1563 posts, RR: 1
Reply 2, posted (2 years 10 months 3 weeks 2 days 12 hours ago) and read 3444 times:

A passport stamp/boarding pass proving you have been in another country within 90 days should be sufficient though to solve the situation at your next time you try to enter the US.

Actually on one of the governmental websites, I believe the one of DHS, but not sure, it is clearly explained in which scenarios you need to regulate your situation, and if you are in such a situation how you can do that.

User currently offlinereadytotaxi From United Kingdom, joined Dec 2006, 4283 posts, RR: 2
Reply 3, posted (2 years 10 months 3 weeks 1 day 12 hours ago) and read 3380 times:

Quoting reifel (Reply 2):

It did happen to me a few years back that I left the USA with the green card part still in my passport, airline mistake.
Went to the Website and had to fill in a form and send proof of my return to the UK, ie wage payment slips that I had returned to work in the UK. Next time arriving in the USA they knew,note on file, no problem.  

you don't get a second chance to make a first impression!
User currently offlinereifel From Germany, joined Feb 2005, 1563 posts, RR: 1
Reply 4, posted (2 years 10 months 3 weeks 1 day 11 hours ago) and read 3373 times:

Yes, that said it is difficult to tell this is the fault of the airline nowadays. Nowadays you would get the green slips only by entering by land. If you exit by air, especially since you would usually need to check in at a kiosk in the US, the airline will never knew that you had a green slip, and even if they knew, they couldn't tell if you plan to come back within 90 days to use the slip again, or if this is your definite exit. Same happens on the land borders. When exiting to Canada, you need to return it to a Canadian officer, when exiting to Mexico, you need to return it to a US officer. When I exited to Canada last week I forgot to mention it, and when I went back to the border checkpoint to give it back they told me that they assume that in Niagara Falls most passengers would return to the US and it's my responsabilty to tell them that I want to return the slip... Oh my...

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