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I m travelling to the US in June on the VWP and have a return flight 10 days later but I may want to extend this but still well within the 90 day limit. what are the implications on re entering later in the year if I actually extend once im over there ??

  • Just so I'm sure: You intend to travel to the US, with a return ticket for 10 days later - however, some circumstances may see you remaining longer. You also intend to make subsequent visits this year to the US. You wish to know if telling the CBP officer at the border ("I'm leaving in 10 days") and then leaving at some point later will cause any sanctions against you? Where will you be returning to? – CMaster Apr 8 '16 at 14:35
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    There are none. Normally, you are admitted for 90 days even if you ask only for 10 days). After that, you can indeed stay for 90 days, and there is nothing wrong with that. When re-entering later in the year, it must be clear to the immigration officer must however not have the impression that you are actually trying to move to the US. If you don't overdo it and have documentation that both of your stays are within the rules of the VWP, then you should normally be fine. – DCTLib Apr 8 '16 at 14:36
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    @DCTLib Why is that a comment and not an answer? – CMaster Apr 8 '16 at 14:39
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    Why not simply tell it as it is to the officer at the border when he asks when you're going to leave? "I'm booked to go back Thursday next week, but it's possible I'll have to stay on a few weeks beyond that if problems develop". It is routine for VWP travelers to be granted 90 days even through their booked return flight is only a few days after they enter, so your only worry ought to be not to actively lie about your intentions. – Henning Makholm Apr 8 '16 at 15:08
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    See alsp: travel.stackexchange.com/questions/66243/… – CMaster Apr 8 '16 at 15:24
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Travel plans are subject to change, and the CBP know this. Indeed one can even apply for an ESTA with provisional, if not indefinite, plans. If admitted for entry in the US under the Visa Waiver Program, you'll be authorised to stay for a maximum of 90 days. The important thing is not overstaying, rather than extending a provisional travel plan.

When the immigration officer asks you about your plans be honest and you should be fine. Mention that you thought of staying X days when you applied for the ESTA, but are now thinking of staying more than that for whatever reason. As long as the reason is valid for admission under the VWP you should have no problems. Should you be question upon re-visiting the US, the advice is always the same: be honest.

For more information on the VWP and ESTA, see our canonical question on the topic.

  • Is one even asked about length of stay when applying for an ESTA? I don't remember answering such a question the times I've needed one, (but it is difficult to get to see the non-first pages of the questionnaire without actually starting an application -- which I'm wary of doing on false pretenses just out of curiosity). – Henning Makholm Apr 8 '16 at 18:13
  • @HenningMakholm Maybe not the length of stay but the travel details for sure. Although one can say "unknown". – JoErNanO Apr 8 '16 at 19:12

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