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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 88812
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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An adult family member (nephew) is visiting us here in the

Resolved Question:

An adult family member (nephew) is visiting us here in the US from Greece on the Visa Waiver program...At his point of entry (air travel), the Border and Customs agent stamped his passport and wrote Dec. 5, 2013...Can he changed his departure from August to later this year and extend his visit with us without consequence?
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

On this website, I do not always get to give good news, and I am afraid that this is one of these times.

Can he changed his departure from August to later this year and extend his visit with us without consequence?

I am afraid not. A VWP holder is technically allowed to enter the country for up to 90 days. However, at entry, the U.S. Customs and Border Protection can limit his visit to shorter than 90 days at their discretion. This may be done for a variety of reasons, and they may be subjective. I have once seen someone had their stay shortened from the original 90 days to 30 days due to them having a lot of gold teeth and being muscular (the border agent thought that they may be in the mafia).

In short, once they stamp the visa to expire on Dec 5, 2013, there is no way to change this, I am sorry to say. A VWP allows for no extensions. A visa is not a right, but a privilege, which may be curtailed/limited at the government's decision. There is no extension, and he must leave by that date. Of course, he can then reenter after several months again, and perhaps this time he would not be limited and can stay out the full 90 days.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

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Customer: replied 1 year ago.


Did not answer my questions as asked...and did not answer my reply to clarify and answer the question asked....

Customer: replied 1 year ago.
Relist: Inaccurate answer.
Customer: replied 1 year ago.
Relist: Inaccurate answer.
Answered as if the his 90 days were shortened at point of entry when the date in fact is six months out...
Customer: replied 1 year ago.
Relist: Inaccurate answer.
The Expert did not read my question well and therefore did not answer accurately...the visa was stamped and dated at point of entry with date that was six months out...was not limited to 90 days according to date written but extended.... can nephew stay until date written or is still limited by Visa Waiver Program (ESTA)
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response. I am afraid that you have opted out your previous expert so he could not respond to you and in fairness to him your first response to him with the clarification never posted here as you can see by scrolling above.

Under the tourist visa program VWP, he is limited to 90 days. If CBP marked the visa for 6 months, you need to look to see if he was given a b1-b2 visa and not a VWP tourist visa, because those visas are 6 month visas. If he came in on the VWP and overstays even if the CBP agent made a mistake and put 6 months, he could be still denied future readmission for overstaying on the VWP.



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Customer: replied 1 year ago.


Where do I look to see if he has a B-1 or B-2 visa?

Expert:  Law Educator, Esq. replied 1 year ago.
You need to read the actual visa document that the CPB agent wrote on and it would state if it is a tourist visa under the VWP or not. If it was a b1-b2, he would have had to applied for that prior to entry.

If this is a VWP, then with Greece the stay is only 90 days regardless of what CPB wrote on the visa when they stamped it and whatever the CPB agent wrote is invalid because it is contrary to what the statute states, 90 days. The CPB agent does not have authority to extend that 90 days on a VWP.

Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 88812
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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