8 C.F.R. § 217.3

Maintenance of status

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(a) Satisfactory departure. If an emergency prevents an alien admitted under this part from departing from the United States within his or her period of authorized stay, the district director having jurisdiction over the place of the alien's temporary stay may, in his or her discretion, grant a period of satisfactory departure not to exceed 30 days. If departure is accomplished during that period, the alien is to be regarded as having satisfactorily accomplished the visit without overstaying the allotted time.

(b) Readmission after departure to contiguous territory or adjacent island. An alien admitted to the United States under this part may be readmitted to the United States after a departure to foreign contiguous territory or adjacent island for the balance of his or her original Visa Waiver Program admission period if he or she is otherwise admissible and meets all the conditions of this part with the exception of arrival on a signatory carrier.

[62 FR 10351, Mar. 6, 1997, as amended at 87 FR 18980, Apr. 1, 2022]

Notes of Decisions

Cited in 2 cases, 1992–2007 · leading case: Zundel v. Gonzales, 230 F. App'x 468 (6th Cir. 2007).

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Zundel v. Gonzales, 230 F. App'x 468 (6th Cir. 2007). “The government notes that if he departed the country for a contiguous territory during that 90-day period, he could be readmitted to the country for the balance of the 90-day period pursuant to 8 C.F.R. § 217.3 (b), which provides as follows: An alien admitted to the United…”

McGuire v. U.S. Immigr. & Naturalization Serv., Dist. Dir., 804 F. Supp. 1229 (N.D. Cal. 1992). “-2(a)(2) (1992), and no extensions of this period, except in the case of emergency, are allowed, 8 C.F.R. § 217.3 (a)-(b) (1992). Nor may the alien become employed in this country.”

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