Definition of the Visa Waiver Program's 90-Day Stay Period (as opposed to 3 months)

[manozi]

Hello!

First post here, so greetings to everyone

I have a straightforward question about the Visa Waiver Program's stay period.

I have a visitor from Finland coming over on VWP from December 28, 2007-March 27, 2007.

This is exactly 90 days (they're leaving on the 90th day of their stay) and that is within the legal limit. This should be OK, but I just wanted to see if someone knows what the definition of 90 days is. And 90 days IS different than 3 moths as I found out

Can you stay 90 days and leave on the 91st, etc.
Or do you have to vacate the country on the 90th day (as in this case)?

Also, is there a chance the authorities at the Port Of Entry might have a problem with the flight back to the home country being on the last day of the person's legal stay period in the US?

Just want to check beforehand, to avoid any last minute mishaps.


Thanks so much!
-Manol

[PraetorianXI]

You must leave on the date (or before) when your allowed stay expires (found stamped/written on the I-94W).

If there isn't an annotation on the I-94W, then you assume that you are allowed to stay the maximun amount of time: 90 days.

For as long as you leave before your allowed stay expires. Even on the same day it expires, you are fine. Later than that, even by 1 hour, you will have some explaining to do when you return to the US.

[manozi]

Thank you

Something else: once the person is in the US, is it OK for them to change their departure (leaving the US) ticket for an earlier date, to allow some security with plane cancellations, if they decide to do so?

Seeing as how they are not leaving on the same date that they stated they would be leaving on (even though the new date is earlier than the original one).


Thanks a lot!

-M

[PraetorianXI]

You are allowed to leave the US and make changes of plans.

It is a good idea to try to leave 1 or 2 days before the I-94 date expires for that same reason. Not a problem.

USCIS has no control over Airlines Selling you a ticket.

[manozi]

Thank you very much for your help!


Cheers,
Manol