# 90 day esta .... Overstay



## Dickey (Jan 23, 2012)

Hi,
Hopefully someone will have the answer on this as struggling to find it....

I'm moving to America on an L1 in September, I need my parents to come with me to assist with my kids. There is not enough time to get them a B2 nor do they want to travel to London . They will fly over with me on a 90 day esta end of September but would love to stay and see the new year in with me and kids but that will put them about 8 days over there 90 day esta.... Will they get in trouble and will it hinder there return which is planned in February 2013.

Hope someone can help and thank you in advance.


Dickey


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## twostep (Apr 3, 2008)

Dickey said:


> Hi,
> Hopefully someone will have the answer on this as struggling to find it....
> 
> I'm moving to America on an L1 in September, I need my parents to come with me to assist with my kids. There is not enough time to get them a B2 nor do they want to travel to London . They will fly over with me on a 90 day esta end of September but would love to stay and see the new year in with me and kids but that will put them about 8 days over there 90 day esta.... Will they get in trouble and will it hinder there return which is planned in February 2013.
> ...


unfortunately us law supercedes an individual 's convenience. overstay and reentry a few weeks later may not work out.


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## Bevdeforges (Nov 16, 2007)

Dickey said:


> Hi,
> Will they get in trouble and will it hinder there return which is planned in February 2013.


Yup. An overstay is an overstay - and the VWP rule of thumb is 90 days out of any 180 day period.
Cheers,
Bev


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## Dickey (Jan 23, 2012)

Thanks for the answers guys and girls,

Another question....if travelling on an esta do you have to have a return flight to show customs upon entry into the US.?

Thank you.
Dickey


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## Bevdeforges (Nov 16, 2007)

Dickey said:


> Thanks for the answers guys and girls,
> 
> Another question....if travelling on an esta do you have to have a return flight to show customs upon entry into the US.?
> 
> ...


Only if they ask to see it. If you don't have one, and they've asked to see it you could be on the next flight back home, with a "denied entry" history on your record.
Cheers,
Bev


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## mamasue (Oct 7, 2008)

When I first came on the VWP, I didn't have a return ticket....the reason was, husband and I (USC) were on a 'discovery mission' and didn't know where we wanted to settle, so we didn't know when or where we would be returning to the UK.....although it was going to be within the 90 days. we were going to look for a property, then go back to the UK and file DCF, which I don't think you can do any more. (This was 2006)
We were on our way to Atlanta, but POE was Detroit.
I was truthful about this to the officer.... he sent me into secondary..where the officer insisted I buy a return ticket before I was allowed in. He also warned me not to try and adjust status from the VWP.
No problem.... we got a return ticket for 87 days later, fell in love with Georgia, and bought a house...visited Vegas and had some fun, and returned to the UK in a timely manner to file papers.


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## Davis1 (Feb 20, 2009)

not having a return or forwarding ticket is a breach od 
vw rules and will get you denied entry 

overstaying by a week wil not get you a ban as such 
what you will lose is the right to use the VW for ever 

then you have to get a B-2visa to go to the 
US ... of course it will be denied ...

alwaya play by their rules .. they never lose


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