Did you know that the US Department of Immigration and Customs Enforcement has a visa waiver program that allows citizens of a few countries to enter the US without a visa?
So much so that if you are a citizen of any of the 39 countries listed in the Visa Waiver Program, you do not need a visa for New York if it is for business or leisure. But then again, what happens if your ESTA expires while you are still on American soil?
Let’s find out.
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What Happens?
Suppose your ESTA (Electronic System for Travel Authorization) expires while in the United States; you will not be able to remain legally in the country. The ESTA is valid for a period of two years or until the expiration date of your passport (whichever comes first), and it cannot be renewed while you are in the United States.
Suppose your ESTA expires while in the country; you must leave the United States and reapply for a new ESTA before returning. You will also need to ensure that your passport is still valid and that you meet all the other eligibility requirements for the Visa Waiver Program.
The Consequences of an Expired ESTA on New York Soil
It is important to note that overstaying your ESTA can have serious consequences. If you are found to have overstayed your ESTA, you may be denied entry to the United States in the future, and you could face other penalties as well. It is always best to ensure that your ESTA is valid for the entire duration of your stay in New York.
The good news is that you cannot be arrested for having an expired ESTA if you come forward. Typically, it is unlikely that you would be arrested simply for having an expired ESTA. Overstaying your ESTA is a civil offence, not a criminal one, so you would not be arrested unless you also committed another crime.
If you are found to have overstayed your ESTA, you may be required to appear before an immigration judge, who will determine what action should be taken. This could include being ordered to leave the United States, being issued a fine, or being banned from reentering the country in the future.
Steps To Ensure Your Esta Stays Valid During Your Visit
We understand that things can get too busy that you forget your ESTA is about to expire. However, here are a few steps you may use to ensure you remain legal through the ESTA:
- Make sure you have a valid passport during and after your stay.
- Check the expiration date of your ESTA and mark it on your calendar, and set a reminder weeks before expirations.
- Have a return ticket set before the expiration date.
Bottom Line
In conclusion, if your ESTA expires while in the United States, you will need to leave the country and reapply for a new ESTA before returning. Overstaying your ESTA can have serious consequences, so it is essential to ensure that your ESTA is valid for the entire duration of your stay in the United States.
