91 days in the US

Something to check:
The day you arrive is "Day 0," not "Day 1."
If you are counting in that manner, are you still at 91 days?

They count the day you enter. They do NOT count the day you leave. So if in fact you leave on day 91, you have not overstayed. So in effect, what they are really counting is how many NIGHTS you spent in the USA.

{quote:title=max_mexico wrote:}{quote}
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 :)

That's a great idea but I have a connecting flight. Good tip

{quote:title=travelinstyle46 wrote:}{quote}
They count the day you enter. They do NOT count the day you leave. So if in fact you leave on day 91, you have not overstayed. So in effect, what they are really counting is how many NIGHTS you spent in the USA.

Where did you find this info?

they still have your flight information on your immigration information, so not such a great idea.
I knew a magical solution from Mad Max would have a logical flaw.

Hmm, well, I can tell you for sure that the date used to calculate your 90 days is when you go through US immigration, not when the airplane was supposed to hit the tarmac. But sure, it might be suspicious if the immigration officer realizes it took you 16 hours to make it to immigration... or if someone notices you loitering in the pre-immigration area. It might not be the best solution.

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

I don't know for sure, but I think+ it might be a big deal if you plan to overstay even 1 day. I +think they will consider you inadmissible, because they can't let someone in who intends to violate the VWP.

It used to be no biggie at all. Pre-2001, people overstayed and otherwise violated their VWP's all the time and were allowed back in. My understanding is that things are much stricter today.

Where are you getting that information?

Where do I start?

• 30+ own entries to the US of which I can only recall immigration asking once for onward/return ticket: when I had an overnight transit (Mexico-US-China) and claimed that I would sleep on the airport floor.
• A guy I know in Europe travels to the US each year on one-way tickets on the VWP (against my recommendation) and he has never experienced any issues.
• Icelandair is known for not requiring a return/onward ticket to the US. I have written confirmation from them that they don't.
• When directly asked if one can enter on a one-way ticket, CBP answers the following: Please be advised A round trip ticket is not required to apply for ESTA or apply for entry, however upon entry you will need to provide proof of residency, solvency, and intent to return.
• CBP rulebook states that a return/onward ticket is not required and normally not asked for, although it might become relevant in case your admissibility is at question.

The day you arrive is "Day 0," not "Day 1."

What is your source for this? For such a basic question, it is remarkable how hard it is to find a reliable source.

They count the day you enter. They do NOT count the day you leave.

Incorrect. It's the last day that counts, the first doesn't.

At the end of the day, I'd strongly advise against pushing it to the last day. The consequences for overstaying are very harsh (possibly never being able to use VWP again -- not sure how this is enforced in practice though). What happens if you miss your flight on the last day? Why isn't 88 days enough?

Q: What happens if you miss your flight on the last day? Why isn't 88 days enough?

A: 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.

I didn't 'find' the info sqww, I just 'know' about it.

Think about it. What does the visa waiver say? It says you may stay 90 days. So when do you start to count days? Obviously you count the day you arrive since you will 'stay' overnight. But on the last day, you do not 'stay', you leave. You do not stay the night in the country. Understand?

They actually count each 24 hour period or each night you 'stay'. So how many nights will you stay? 90 or 91?

In any case if you do go to Italy for a week the issue becomes moot. When you leave for Italy you will hand in your Visa Waiver. Visit ended. When you return you will get a new Visa Waiver, new visit begins.

I didn't 'find' the info sqww, I just 'know' about it. Think about it.

LOL. This is how you give immigration advice? We here try to base our arguments on the law, not guesses and flawed logic. OP, please do not trust a word this poster says.

Think about it. What does the visa waiver say? It says you may stay 90 days. So when do you start to count days?

My local garage charges $20 per day. Yet, when I park from 4pm until 2pm next day, they charge $40.

When you leave for Italy you will hand in your Visa Waiver.

This shows that you don't know what you're talking about, because there's no visa waiver to hand in. OP, please entirely disregard any posts from this poster if you want to stay safe!

In any case if you do go to Italy for a week the issue becomes moot.

Besides, it's not moot if the airline refuses to let him board in the UK because he doesn't comply with VWP! Lollicopters!

You can also buy a cheap ticket to Guatemala or Costa Rica from the USA and thus reset your visa waiver if you don't mind spend 3 days flying somewhere. You can often find a ticket for under $200 roundtrip via Spirit Airlines for example.

Yes, you don't hand it in anymore Max, it's all done online. I forgot about that as it doesn't apply to me as a Canadian. Only when I fly on my UK passport or with my wife on her UK passport. Nevertheless, going to Italy will in fact mean he is not going to be in the US for 90 days.

All this to me is a tempest in a teapot. Bear in mind that Immigration is not in the business of denying tourists entry into the USA. They are looking for illegal workers, etc. If the Border Officer notices the date of return, a simple explanation of what you are planning to do is all that is needed.

But you do bring up one intersting point Max. If he applied for his VWP online, he had to have entered the dates. If they accepted it, not rejected it, then it is moot. LOL