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Immigration Issues/Re-entry into US with Visa waiver


I entered the US on the visa waiver program (UK citizen). I came for a holiday but fell ill and am having ongoing, daily treatment. My treatment needs to be for longer than anticipated so my doctor wants me to stay past the 90 days. I don't believe this is a possibility, legally speaking.

If I leave the country before my 90 days is up what is the best way to return? As my treatment should not be interrupted, I cannot be away for long. It is a daily treatment. My doctor says he will write me a letter which should make re-entry easier.

Under the older laws, I could re-enter if I left even for a day and went to my home country (UK). Are there any new changes like 'number of days before re-entry'? Also, I was never asked any questions. Lately, immigration officers do ask many questions. If I declare that I have a medical condition (non-communicable) will that actually make it harder to re-enter and held against me (If not now, then in the future)?
I am assuming that going to Canada or other closer places (than the UK) are still not seen as workable options, even for medical reasons.
Are there any other tips you could give me?
Thanks so much

You cannot re-enter on the ESTA visa waiver again if you have violated its terms.

You should actively look for alternative treatment options in your home country.

You can return for medical treatment after you ovestay the 90 day period, but you will need a visa from the US Embassy and I think the officer will naturally wonder why you can't do treatment in your home country.

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Jack Sung


Can answer: Immigration and visa issues Can't answer: Everything else


Been a practicing immigration attorney for 4 years.

Taiwanese American Lawyers Association. American Immigration Lawyers Association. Los Angeles County Bar Association

Southwestern International Law Journal

J.D. from Southwestern Univ. School of Law in 2007. Licensed attorney in California

Awards and Honors
LACBA 2011 Outstanding Public Service Award

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