Overstaying an ESTA has consequences, and those who do not leave the US before their visa waiver expires should be aware of the penalties.
ESTA allows eligible citizens to stay in the US for periods of up to 90 days, and no more than 180 days in a year if multiple trips are made).
If a single stay exceeds 90 days, or multiple trips amount to over 180 days in a year then this counts as a visa waiver overstay.
Main Consequences of Overstaying a United States ESTA
The consequences of overstaying a tourist visa in the USA are quite serious as they are designed to deter people.
If you overstay, a removal process will begin and if you are caught you are likely to be deported.
Your passport will receive an automatic ban, which means that you cannot leave the country without issues.
The ban from entering the US lasts for 3 years if you overstay your ESTA visa by less than a year (but more than 180 days).
It is a ten-year ban if you overstay by a year. However, even after the ban finishes, your overstay will count against you in any future ESTA or US visa applications.
You may never be allowed to enter the US again if you overstay.
In addition, there are other, serious legal consequences, depending on the length of the overstay. The longer you overstay, the more serious the consequences.
Overstays of Less Than 180 days
If you overstay the ESTA validity by less than 180 days, you are not automatically legally banned from making visa applications in the future.
However, when applying for a temporary (nonimmigrant visa) you have to show evidence that you intend to leave on time.
If you have previously overstayed, it will count as evidence against you.
Overstays of More Than 180 days
The ESTA visa overstay penalty becomes more severe for overstays longer than 180 days.
You will be automatically barred from returning to the US for three years.
This increases to ten years after 365 days. You can even be banned for life in some circumstances if you are deported or if you try illegally entering the USA.
Exceptions to the 3-year and 10-year bans
There are some exceptional circumstances which do not count as ‘unlawful presences’.
In these cases, the automatic 3-year and 10-year bans from the US do not apply.
The following are just a few of the circumstances which are not legally ‘unlawful presences’:
- Minors under the age of 18
- Those with a genuine pending asylum application on file
- Victims of trafficking
- Green card applicants waiting for a decision
- People who receive temporary protected Status (TPS)
Steps to Take If You Have Overstayed Your ESTA for the USA
You must avoid overstaying their ESTA and have travel arrangements in place to depart the US within 90 days.
If you realize that you are about to overstay your ESTA visa waiver, you should depart the country as soon as possible, within the 90-day limit.
If you have already overstayed the ESTA, you should contact the US Citizenship and Immigration Services (USCIS) who will inform you about how to proceed.
How Long Can You Stay After Your ESTA Expires?
An ESTA visa waiver is generally valid for multiple trips to the US over 2 years. However, ESTA automatically becomes invalid if the associated passport expires.
The ESTA must be valid when entering the United States. If it expires during your stay in the US, it will not affect your departure.
You will still be granted the full 90-day allowance, even if the ESTA expires sooner.
It is not possible, however, to enter the United States with an expired ESTA.
When planning a trip to the US, you must check that your passport and ESTA visa waiver will be valid on the day you wish to travel.
If the passport or ESTA will expire before the departure date, a new ESTA application must be made.
Can I renew my US ESTA after it expires?
You need to renew your ESTA as soon as one of the following occurs:
- The associated passport expires
- The ESTA expires (after 2 years)
To renew ESTA, you should simply make a new online application. The process is the same as when making the initial request, and the new ESTA will be valid for up to 2 years.
It is not possible to renew ESTA to stay more than 90 days in the United States.
A US visa must be obtained from a United States embassy or consulate to remain for longer than 3 months.
Can I extend my ESTA while in the U.S.?
Unfortunately, the answer is no. The department of U.S. citizenship and immigration services specifies that you may not apply to extend your stay if you were admitted to the United States under the visa waiver program.