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I am a British citizen and I entered America on 6/19/2017 and left on 9/17/2017 which overall is 90 days, I was on ESTA waiver program, my passport return stamp said I had to return 9/16/2017 that is 89 days I left the 17 of September. When I tried to come back on January 30th I was denied access to America because I apperently overstayed by 1 day. Why was my passport return stamp dated 1 day early from my 90 days?
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Immigration and Naturalization Attorney serving New York, NY
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CBP was of the opinion that it was over 90 days not under 90 days. They do have the discretion to do what they did. You can seek a visitor's visa at the US consulate now and there, at the consulate, fight this fight by presenting your arguments and explanations to the contrary. Depending on the manner in which you departed the US airport - allowed to withdraw your application for admission or ordered deported, if you succeed to convince the consulate, you could be issued a visitor's visa.
Answered on Feb 08th, 2018 at 10:44 AM