Cary, NC asked in Immigration Law and International Law for North Carolina

Q: LOST PASSPORT please help! How to extend stay over 90 days with an ESTA, whilst awaiting a new passport?

I have just arrived at the airport to leave USA after a 90 day tourist visit on an ESTA visa waiver program. I was due to leave for 4 days to allow my visit time to renew and then return to the states to finish my trip for another 2 months. But I have arrived at the airport and lost my passport!! I obviously can not fly, and my government says it can expedite a passport to me in 3 weeks! I could get an emergency passport from a US embassy in 5 days , but I can't get a new ESTA on an emergency passport so would not be able to return to the USA unless I get a different type of Visa to travel with, which could take months! I need to be back in the USA for a medical appointment at the end of November, and am supposed to be spending the holidays with family in the USA, as well as completing a volunteer program! I need to know who to contact to explain my circumstances and extend my stay past 90 days legally whilst I wait for a replacement passport and can update my ESTA? Thanks for advice.

2 Lawyer Answers
Alexander Ivakhnenko
Alexander Ivakhnenko
Answered
  • Immigration Law Lawyer
  • Wheeling, IL

A: You will need to comply with the reality. Obtain your expedited foreign passport and then apply for a new visa in that document.

There is no way around it.

Linda Liang
PREMIUM
Linda Liang
Answered
  • Immigration Law Lawyer
  • Boca Raton, FL

A: Go to https://esta.cbp.dhs.gov/, follow the instructions to answer all of the required questions and submit a new application for travel authorization - just like you did the first time you applied.

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