Q: My gf entered the US as a tourist on an esta visa. We changed plans and we'd like for her to stay. Can it be done?
I am a us citizen and can prove beyond reasonable doubt the relationship is genuine and we honestly had no previous plans for this to happen.
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- Florida
- (239) 770-7910
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- Answered
A:
ESTA (Electronic System for Travel Authorization) Travel Authorizations are an approved travel authorization only, and not a visa under United States immigration law. Since ESTA authorizations are not visas, your girlfriend cannot request an extension of stay through Form I-539 or any other means. YOur girlfriend can stay up to a maximum of 90 days per visit. She is able to come back on the ESTA authorization for the remainder of its validity, which is normally 2 years. However, a reasonable amount of time must elapse between visits as to not raise any suspicions of her attempting to stay permanently.
She could return to her country, request a B1/B2 tourist visa to the United States, and once she is here she can apply for an extension, allowing her to remain in the country for the permitted length of time.
Please keep in mind, if your girlfriend overstays, she will be ineligible for the ESTA in the future and will start accruing unlawful presence in the United States. This might cause her to be barred from returning to the United States for 3 or 10 years depending on the length of her overstay.
Remember to seek the assistance of an immigration attorney, as immigration issues can become very complex if not adequately handled.
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