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I visited the USA with an ESTA Visa Waiver 3 years ago and I left the country one day late; instead of 90 days I left on the 91st day, because the flight was bought like this. I do not have any stamp in my passport showing when I left the country. Can I re-enter the USA in the future? Should I write to the embassy to ask?

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  • There's some confusion about how to count the days. Did youleave onthe date stamped in your passport or the day after?
    – phoog
    Jun 27, 2017 at 17:45
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    There were only two flights in the 91-day period? Jun 27, 2017 at 23:59

1 Answer 1

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You did not acquire either a three year or a ten year ban because you overstayed by less than 180 days, but you are barred from using the ESTA again because any overstay prevents you from using it again. You can apply for a visa. Be ready to show why you are unlikely to overstay again.

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    This is correct, you will need to apply for a visitor visa... had your flight been delayed, weather or natural disaster you could use the ESTA and explain to the border guard with proof... this is what a border guard told me when I was using the full time of the VW program
    – BritishSam
    Jun 27, 2017 at 13:07
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    @RamónaBob they may already know about it through airline records. If not, you can let them know. If there is no record of your departure, it is even more important to inform them because otherwise they might assume that you overstayed even longer. Jun 27, 2017 at 13:50
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    The question says "flight was booked like this" so the OP left by air. Almost certainly the airline reported the OP's departure as usual. Jun 27, 2017 at 16:36
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    This happened to me. If they have no record if your departure, they will round up your estimated departure date to the next time they have a record of you entering/leaving the country. (hence they thought my 3 day stay was a 95 day stay, because I left by driving across the border, and then re-entered 92 days later. The re-entry was allowed because my H1B trumped the apparent 5 day overstay, but once my H1B expired years later, that 5 day overstay prevented me using ESTA again, until I demonstrated to them that I hadn't actually overstayed, using bank statements, etc to prove my location) Jun 27, 2017 at 17:20
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    @RamónaBob If you left by plane, it will normally have been recorded. You can see if there is an I-94 record of departure on the CBP website i94.cbp.dhs.gov/I94/#/home Jun 27, 2017 at 17:50

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