Return to Question

What generally happens if I am forced to overstay my legal stay in the USA because my flight gets delayed, cancelled, or diverted? Will I be banned from entering the USA? Will I still be able to use the Visa Waiver Program to enter?

Some examples:

• Amy entered the U.S. on a visitor visa. She was supposed to travel out of the USA on a flight that would leave one day before the date on her I-94. However, that flight was cancelled due to severe weather at her origin airport, and she was rebooked onto another flight that leaves one day after that date.

• Beatrice is a Japanese national returning on the 90th day of her Visa Waiver Program, traveling back to Japan on All Nippon Airways Flight 175, which diverted to LAX four hours after it departed.

• Colleen also entered the U.S. on a visitor visa. She was scheduled to leave on a flight that would depart late at night on the last day of her I-94. However, that flight was delayed by a few minutes / one hour, which pushes the departure time into midnight, which technically means she's overstaying.

Note: Some of the foregoing is already covered in the answer to this related post. However, that post is specific to the Visa Waiver Program, and editing it would change its meaning completely; I'm looking for a general answer for both VWP and those traveling on standard visas.

 

This is also not a duplicate of Legal status in the US on an H-1B visa if flights are delayed by a day?, as that is specific to H-1B visas and the answer there may not apply to other visa types.

What generally happens if I am forced to overstay my legal stay in the USA because my flight gets delayed, cancelled, or diverted? Will I be banned from entering the USA? Will I still be able to use the Visa Waiver Program to enter?

Some examples:

• Amy entered the U.S. on a visitor visa. She was supposed to travel out of the USA on a flight that would leave one day before the date on her I-94. However, that flight was cancelled due to severe weather at her origin airport, and she was rebooked onto another flight that leaves one day after that date.

• Beatrice is a Japanese national returning on the 90th day of her Visa Waiver Program, traveling back to Japan on All Nippon Airways Flight 175, which diverted to LAX four hours after it departed.

• Colleen also entered the U.S. on a visitor visa. She was scheduled to leave on a flight that would depart late at night on the last day of her I-94. However, that flight was delayed by a few minutes / one hour, which pushes the departure time into midnight, which technically means she's overstaying.

Note: Some of the foregoing is already covered in the answer to this related post. However, that post is specific to the Visa Waiver Program, and editing it would change its meaning completely; I'm looking for a general answer for both VWP and those traveling on standard visas.

This is also not a duplicate of Legal status in the US on an H-1B visa if flights are delayed by a day?, as that is specific to H-1B visas and the answer there may not apply to other visa types.

What generally happens if I am forced to overstay my legal stay in the USA because my flight gets delayed, cancelled, or diverted? Will I be banned from entering the USA? Will I still be able to use the Visa Waiver Program to enter?

Some examples:

• Amy entered the U.S. on a visitor visa. She was supposed to travel out of the USA on a flight that would leave one day before the date on her I-94. However, that flight was cancelled due to severe weather at her origin airport, and she was rebooked onto another flight that leaves one day after that date.

• Beatrice is a Japanese national returning on the 90th day of her Visa Waiver Program, traveling back to Japan on All Nippon Airways Flight 175, which diverted to LAX four hours after it departed.

• Colleen entered the U.S. on a student visa. She was scheduled to leave on a flight that would depart late at night on the last day of her I-94. However, that flight was delayed by a few minutes / one hour, which pushes the departure time into midnight, which technically means she's overstaying.

Note: Some of the foregoing is already covered in the answer to this related post. However, that post is specific to the Visa Waiver Program, and editing it would change its meaning completely; I'm looking for a general answer for both VWP and those traveling on standard visas.

This is also not a duplicate of Legal status in the US on an H-1B visa if flights are delayed by a day?, as that is specific to H-1B visas and the answer there may not apply to other visa types.

What generally happens if I am forced to overstay my legal stay in the USA because my flight gets delayed, cancelled, or diverted? Will I be banned from entering the USA? Will I still be able to use the Visa Waiver Program to enter?

Some examples:

• Amy entered the U.S. on a visitor visa. She was supposed to travel out of the USA on a flight that would leave one day before the date on her I-94. However, that flight was cancelled due to severe weather at her origin airport, and she was rebooked onto another flight that leaves one day after that date.

• Beatrice is a Japanese national returning on the 90th day of her Visa Waiver Program, traveling back to Japan on All Nippon Airways Flight 175, which diverted to LAX four hours after it departed.

• Colleen also entered the U.S. on a visitor visa. She was scheduled to leave on a flight that would depart late at night on the last day of her I-94. However, that flight was delayed by a few minutes / one hour, which pushes the departure time into midnight, which technically means she's overstaying.

Note: Some of the foregoing is already covered in the answer to this related post. However, that post is specific to the Visa Waiver Program, and editing it would change its meaning completely; I'm looking for a general answer for both VWP and those traveling on standard visas.

This is also not a duplicate of Legal status in the US on an H-1B visa if flights are delayed by a day?, as that is specific to H-1B visas and the answer there may not apply to other visa types.

What generally happens if I am forced to overstay my legal stay in the USA because my flight gets delayed, cancelled, or diverted? Will I be banned from entering the USA? Will I still be able to use the Visa Waiver Program to enter?

Some examples:

• Amy entered the U.S. on a visitor visa. She was supposed to travel out of the USA on a flight that leaves one day before the date on my I-94. However, that flight was cancelled due to severe weather at her origin airport, and she was rebooked onto another flight that leaves one day after that date.

• Beatrice is a Japanese national returning on the 90th day of her Visa Waiver Program, traveling back to Japan on All Nippon Airways Flight 175, which diverted to LAX four hours after it departed.

• Colleen entered the U.S. on a student visa. She was scheduled to leave on a flight that would depart late at night on the last day of her I-94. However, that flight was delayed by a few minutes / one hour, which pushes the departure time into midnight, which technically means she's overstaying.

Note: Some of the foregoing is already covered in the answer to this related post. However, that post is specific to the Visa Waiver Program, and editing it would change its meaning completely; I'm looking for a general answer for both VWP and those traveling on standard visas.

This is also not a duplicate of Legal status in the US on an H-1B visa if flights are delayed by a day?, as that is specific to H-1B visas and the answer there may not apply to other visa types.

What generally happens if I am forced to overstay my legal stay in the USA because my flight gets delayed, cancelled, or diverted? Will I be banned from entering the USA? Will I still be able to use the Visa Waiver Program to enter?

Some examples:

• Amy entered the U.S. on a visitor visa. She was supposed to travel out of the USA on a flight that would leave one day before the date on her I-94. However, that flight was cancelled due to severe weather at her origin airport, and she was rebooked onto another flight that leaves one day after that date.

• Beatrice is a Japanese national returning on the 90th day of her Visa Waiver Program, traveling back to Japan on All Nippon Airways Flight 175, which diverted to LAX four hours after it departed.

• Colleen entered the U.S. on a student visa. She was scheduled to leave on a flight that would depart late at night on the last day of her I-94. However, that flight was delayed by a few minutes / one hour, which pushes the departure time into midnight, which technically means she's overstaying.

Note: Some of the foregoing is already covered in the answer to this related post. However, that post is specific to the Visa Waiver Program, and editing it would change its meaning completely; I'm looking for a general answer for both VWP and those traveling on standard visas.

This is also not a duplicate of Legal status in the US on an H-1B visa if flights are delayed by a day?, as that is specific to H-1B visas and the answer there may not apply to other visa types.