I have been travelling in the US on an ESTA (for holidaying purposes and to see family); I entered on 08 June 2019. I purhcased tickets to depart the US on 04 Sept. 2019, and I was due to depart JFK via LAX to Australia on 04 Sept. 2019. Due to unforeseen and unexpected flight delay on the flight from JFK to LAX (overated by Delta Airlines myself and 16 passengers missed our connecting/2nd flight from LAX to Australia. Consequently the next available flight from LAX to Australia was the next day, 05 Sept 2019, and the earliest flight time was 2100, so I took that flight.  On the I94 site, I am lawfully admitted until 05 Sept 2019 (screenshot attached) - thus I indeed leave LAX for Australia on 05 September 2019. However, the I94 site now states I departed on 06 Sept 2019 - why is that the case, it is a mistake, unless it considers leaving the US ocean borders as the determination of departure? The Delta flight delay was through no control of my own or the pilot's. I have the boarding pass for the flight departing LAX to Australia on 04 Sept 2019. Delta have issued a Written Statement to me acknowledging the delay which was due to an unexpected passenger emergency.

I am seeking to obtain an E3 later this year. I hope I can still successfully obtain one? On the this website (https://www.estavisaus.org/news/overstay-esta-visa-usa), under the header 'Overstays of less than 180 days' it says the person is not automatically legally banned from making visa applications in the future. However, when applying for a temporary (non-immigrant visa) you have to show evidence that you intend to leave before the time period of the visa - which I have.

Much appreciate any comments or similar stories.

  • 4
    I think you may be able to ask for the information to be corrected travel.stackexchange.com/questions/143643/… – Traveller Sep 7 '19 at 14:23
  • 3
    Getting the information corrected before filing the E3 application would simplify the situation. – Patricia Shanahan Sep 7 '19 at 17:03
  • @Traveller It would be very difficult to go to a deferred inspection site after already having left the US. – Michael Hampton Sep 7 '19 at 18:46
  • Which flight did you actually leave the US on? – Michael Hampton Sep 7 '19 at 18:47
  • I flew out of LAX on 05 Sept 2019 2100. I have the proof of airline ticket for 04 Sept and the boarding pass dated 04 Sept. I also have Delta Airlines' Written Statement stating the flight delay from JFK to LAX was due to a medical emergency onboard. But my I94 states my departure was 06 Sept, why I don't know! Am very perplexed about this. – JoW Sep 8 '19 at 4:23

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