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I left on the last day, did i overstay?

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  • I left on the last day, did i overstay?

    Hello, so some background, last summer i left the US after staying 90 days on the VWP, i originally had an earlier flight schedules but due to a miss i was unable to take it, i had to arrange to take a flight on the last possible day my passport was stamped for, i know this was not good and i wasnt too happy about it.
    Now my questions is, my flight was scheduled to leave merely an hour before midnight on my last day in the US, i went through the passport control and boarded the plane before midnight, ie while it was still my last day there. due to a runway delay the flight didnt depart from the runway until, 15 mins after midnight(i looked up the records i could find online) how ever it did leave the gate before midnight. Am i at a risk for this counting as an overstay?
    Do the US track exit based on when they scan your boarding pass at the departure gate? or when the flight actually lifts off the ground?

    I am looking to re-enter with a VWP soon and would like to avoid getting deported at entry. any help appreciated.
    Last edited by estahelpoverstay; 05-05-2016, 02:05 PM.

  • #2
    Looks like you are good

    I am assuming you checked in with your passport on the "last" day, which is your official departure record. The flight departure time does not apply. Just don't unecssarily pose that question to a US official on re entry.

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    • #3
      Airlines usually track departures based on when flights leave the gate, have no idea how it works for CBP records. Regardless, it's never a good idea to wait till the last minute.. precisely to avoid potential glitches like the ones you described.

      Any 90/91-day VWP stay could invite scrutiny at next POE. VWP is a privilege; use it, don't abuse it.

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      • #4
        Originally posted by estahelpoverstay View Post
        Hello, so some background, last summer i left the US after staying 90 days on the VWP, i originally had an earlier flight schedules but due to a miss i was unable to take it, i had to arrange to take a flight on the last possible day my passport was stamped for, i know this was not good and i wasnt too happy about it.
        Now my questions is, my flight was scheduled to leave merely an hour before midnight on my last day in the US, i went through the passport control and boarded the plane before midnight, ie while it was still my last day there. due to a runway delay the flight didnt depart from the runway until, 15 mins after midnight(i looked up the records i could find online) how ever it did leave the gate before midnight. Am i at a risk for this counting as an overstay?
        Do the US track exit based on when they scan your boarding pass at the departure gate? or when the flight actually lifts off the ground?

        I am looking to re-enter with a VWP soon and would like to avoid getting deported at entry. any help appreciated.
        Your departure is recorded when the gate agent records your information. However, i agree with the other member - don't plan for the last day.

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        • #5
          Thank you very much for the quick replies, and yes i did indeed check in and board while i was still allowed to be in the US, the only thing that happened after midnight was the actual liftoff from the runway.
          The fact that it happened the way it did was very unfortunate, and i did understand the negative impacts it could have had in case of a severe delay or cancelation, def wont be cutting it remotely that close again!

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          • #6
            Originally posted by estahelpoverstay View Post
            Hello, so some background, last summer i left the US after staying 90 days on the VWP, i originally had an earlier flight schedules but due to a miss i was unable to take it, i had to arrange to take a flight on the last possible day my passport was stamped for, i know this was not good and i wasnt too happy about it.
            Now my questions is, my flight was scheduled to leave merely an hour before midnight on my last day in the US, i went through the passport control and boarded the plane before midnight, ie while it was still my last day there. due to a runway delay the flight didnt depart from the runway until, 15 mins after midnight(i looked up the records i could find online) how ever it did leave the gate before midnight. Am i at a risk for this counting as an overstay?
            Do the US track exit based on when they scan your boarding pass at the departure gate? or when the flight actually lifts off the ground?

            I am looking to re-enter with a VWP soon and would like to avoid getting deported at entry. any help appreciated.
            You do not have an overstay problem. You left on the last day. Make sure that you keep proof of when your plane was suppose to depart and the delay that was out of your control.

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