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I have a stamped B2 in my passport but only applied for an ESTA

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  • I have a stamped B2 in my passport but only applied for an ESTA

    I've been to the U.S. multiple times on my ESTA, however, when I flew into Houston earlier this year the officer stamped me with a B2 that lasts 6 months, even though I don't have an official B2 visa in my passport.

    I went on to Canada afterwards as a tourist, and then was approved for a work holiday visa there (I'm Australian) and so needing to do a visa run at the U.S. border to recieve my work visa, the U.S. official stamped my visa again with the ESTA, that lasts only 3 months. He didn't say anything about my B2 stamp though. I was confused as to what this meant.

    Fast forward to today, and after crossing the borders multiple times without any extra stamps or concern from the officers. This time I came back into the U.S. on the day of my ESTA stamp expiring, I asked if the officer was going to stamp me in again but he said it's valid for another 2 months (the B2).

    My question is will I be considered overstaying now? Or was that last officer correct? It makes sense that if someone stamped me with that originally that it should be valid. But I'm worried that if I try and leave, that another officer might see that as me overstaying. It's stessing me out, does anyone have any info on this happening before? Should I call and ask an agency about this?

  • #2
    If you entered the US on ESTA, you should not stay for more than 90 days. Otherwise, you will still be held responsible for overstaying, even though it was officer's mistake.
    Immihelp Support
    No legal advice. Use at your own risk.

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