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I accidentally booked my flights to the US a day longer than I should have on the visa waiver program - current time between arrival and departure is 91 days. It's likely that I will go to Italy for a week that will essentially solve the problem. However, these flights won't be booked until after I arrive in the US - without these tickets it will look like I am overstaying. Will it be a problem on entry? I imagine they might have an issue without the Italy tickets.

Appreciate any help.

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1

There are three possibilities. No one can predict which one will happen.

  1. You are not asked to show the onward ticket. You are admitted to the US.
  2. The immigration official is bad at math and doesn't catch the 91 days. You are admitted.
  3. The immigration official sees the problem. you are not admitted.

There is also the possibility that an airline clerk will notice and you will not be allowed to board the plane. Unlikely, but also not predictable.


Nutrax
The plural of anecdote is not data.
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2

Two other thoughts - check the International Date Line, to ensure that you are 91 days ... do all the calculations from the US point of view of course. And secondly - can't you book and pay for a fully refundable (no questions asked) return ticket to Italy, and as soon as you get to the US (and satisfy border control presumably, and get in) you can cancel that ticket, and buy a cheaper no-refund ticket that suits you.

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3

Mad Max is full of crazy ideas, but if the cleaners and security don't move you on, this one just might work. Take a good book and a pillow.

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4

The biggest concern is if you actually stay 91 days. You will have violated the VWP and can never use it again (unless you lie and they don't know -- but if you fly in and out they should know).

It is unlikely that CBP will notice. Contrary to popular belief, you do not need a return/onward ticket to apply for entry, and they very rarely ask for it. More likely that the airline will give you problems.

A few options:
- Re-book your trip to 90 days or less. Usually doable for a fee even for nonrefundable tickets.
- Book your Italy trip before you fly in.
- Book a fully refundable ticket that you later cancel. You can use this to show the airline/CBP if needed.
- Apply for a US B2 visa. I would advice against this.

Do NOT stay 91 straight days!

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5

Actually, here's an interesting idea. Assuming the airline let's you board, when you arrive in the US, hang out in the pre-immigration area until after midnight... should put you at 90 days, not 91 :)

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6

they still have your flight information on your immigration information, so not such a great idea.

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7

I knew a magical solution from Mad Max would have a logical flaw.

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8

I would not stress, I think you will be fine...not a big deal. Even if Immigration does ask for return ticket, and its 1 day, like they would really care to hassle someone over 1 day, especially if you say you are going to Italy for a week..

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9

Contrary to popular belief, you do not need a return/onward ticket to apply for entry

Where are you getting that information? Customs and Border Protection says
>At the time of application for admission, a VWP applicant must:

Be in possession of a round-trip ticket that will transport the individual out of the United States to any other foreign port or place as long as the trip does not terminate in contiguous territory or an adjacent Island; except that the round trip ticket may transport the traveler to contiguous territory or an adjacent Island, if the traveler is a resident of the country of destination or if arriving at a land border, provide evidence of financial solvency and a domicile abroad to which the traveler intends to return.

The State Dept. says
> [You may be eligible for VWP travel if you can answer “YES”]
>If arriving by air or sea, are you traveling on an approved carrier and do you have a return ticket abroad?
>Travelers with onward tickets terminating in Mexico, Canada, Bermuda, or the Caribbean Islands

must be legal permanent residents of those areas.


Nutrax
The plural of anecdote is not data.
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