Leaving the country and immediately returning in order to renew your ESTA is a commonly asked question on community forums and Facebook pages and always receives a wide range of answers. So what is the rule? How long do you have to be outside the US before you can return and where do you have to travel to, to reset your 90 days?
First things first, what are we referring to?
What is the ESTA Visa Waiver Program?
As always, the best advice is to go straight to the source:
ESTA is an automated system that determines the eligibility of visitors to travel to the United States under the Visa Waiver Program (VWP).
https://www.cbp.gov/travel/international-visitors/visa-waiver-program
The Visa Waiver Program (VWP) is:
… administered by the Department of Homeland Security (DHS) in consultation with the State Department, [and] permits citizens of 38 countries to travel to the United States for business or tourism for stays of up to 90 days without a visa. In return, those 38 countries must permit U.S. citizens and nationals to travel to their countries for a similar length of time without a visa for business or tourism purposes.
https://www.cbp.gov/travel/international-visitors/visa-waiver-program
Why are there questions about returning to the US on an ESTA?
The main reason is that the Visa Waiver Program is very strictly for tourism and business (not working in the country but “doing business” in the US from abroad).
These things don't normally run longer than three months, so when you use up three months and then try to come straight back, some questions get asked.
Like everything with immigration:
Authorization via ESTA does not determine whether a traveler is admissible to the United States. U.S. Customs and Border Protection officers determine admissibility upon travelers’ arrival.
So basically, you need to show the person at the border that you are legitimately still just in the US for tourism or business. This isn't a trick, you genuinely need to show this. If this is part of some elaborate plan to stay in the US for longer than 90 days at some point, you're going to have a tough time showing that you're not planning to stay, and I do not recommend that whatsoever.
Do not overstay, do not even get close.
Where must you travel to in order to before returning on an ESTA to get a new 90 days?
You must leave the whole North American region completely to reset this. You can't just pop to Canada or Mexico to try and reset the 90-day counter.
In fact, a short trip to Canada, Mexico or nearby islands are included in your 90 days if you attempt to return to the US:
If you are admitted to the United States under the VWP, you may take a short trip to Canada, Mexico, or a nearby island and generally be readmitted to the United States under the VWP for the remainder of the original 90 days granted upon your initial arrival in the United States. Therefore, the length of time of your total stay, including the short trip, must be 90 days or less.
https://travel.state.gov/content/travel/en/us-visas/tourism-visit/visa-waiver-program.html
Which countries count to reset my ESTA visa waiver?
You must travel outside of the contiguous territories and adjacent islands to have been considered as “leaving” the United States for the purposes of the ESTA.
“Contiguous Territories” are any country sharing a common boundary with the United States. Canada and Mexico are contiguous to the United States.
“Adjacent Islands” are a more broad category and are as follows (according to ICE.gov):
- Saint Pierre
- Miquelon
- The Dominican Republic
- Haiti
- Bermuda
- The Bahamas
- Barbados
- Jamaica
- The Windward and Leeward Islands
- Trinidad
- Martinique
- Other British, French, and Netherlands territory or possessions in or bordering on the Caribbean Sea
You can find the original source of this list here in 8 USC 1101.
If it's not on these lists, it should count to reset your ESTA.
How long must you stay outside the US before you return on an ESTA?
So, ultimately, how long must you stay abroad? There is no hard and fast rule and no set number of days that reset the counter. It all comes down to perception.
If you are in the US for 90 days, leave for 3, then attempt to return, that really doesn't look right and doesn't pass the ‘sniff test'.
It would therefore be a good rule to stay abroad longer than you were in the United States, and always have a plan (with printed proof) to leave within 90 days of arriving. This could include flights, accommodation, or other forms of confirmation that you've got plans to leave the US within the legal amount of time you are allowed.
It's also highly recommended not to stay for the full 90 days at a time if you plan to leave and come back because this really looks like you're trying to max out the ESTA and will raise suspicions.
Act conservatively, be honest, and you'll be fine!
5 Tips for returning to the US on an ESTA
- Don't stay for the full 90 days on any visit, because staying for the full time and then returning certainly looks like you're putting down roots or trying to stay longer than you're allowed;
- The general advice is to stay out for longer than you were in. If you're in for 60 days, then 60 days is a good marker for where you should be aiming. You'll hear advice both greater and shorter but this is one way to really show that you're traveling around;
- Have travel plans back to your home country within the 90 days at all times;
- Have itineraries ready to show your plan for the 90 days (i.e. Sitting in one city and renting an apartment for the full time doesn't look good for you on your second ESTA to show that you're there for tourism);
- Be honest – This one is a no-brainer. If you have no intentions to outstay your ESTA then you should not have a problem! Put yourself in the officer's shoes, this isn't some magic trick. If you look suspicious and your story doesn't add up, they won't permit you!
Hey, we are 60 days on an esta in the US and Plan to stay 25 days in mexico. We will pass the Border with a canadian car, and have to drive back to canada afterwards. We are from Germany. We can proove a working and living contract in Germany.
Can we get another 90 days esta ?
Should we stay in Mexico till the esta expire?
Can we get only 2 weeks ?
Thank You
YOu may have a tough time, I’m not 100% sure
My home country is Australia can I go to the US on my ESTA stay 89 days then go to the UK for 95 days. Then return to the US to restart my ESTA 90 days. I might only visit Australia once during my ESTA 2 year validity
Hi Maureen, please read the article. It’s not as simple as ticking off a number of days—and I highly recommend NOT staying 89 days.
Hi Josh,
How many days should I stay in the US on my ESTA before going to the UK
Hi Josh,
Is it harder to apply for a business ESTA compared to a tourism ESTA? I plan on not working, I only want to apply to jobs while I am over there and attend conferences. Am I able to apply for the business ESTA and make myself clear to the border agent that I will not be working and I am only in the US looking for potential jobs for the 3 weeks while I am there?
Thank you,
Joel
Thank you so much Josh for this article! It was very helpful to me.
Hey Josh!
I’m here to say thank you to your hard effort & time you’ve put into this article that helped me find clarity in my situation!
I’ve visited the USA a few times with ESTA. I traveled here in Dec 2022, May 2023, November 2023 – for only a week for each time I visited.
I recently visited again in June 2024, I was stressed because I thought I was nearly near the “90 day” mark from visiting since 2022 aha😅. Little did I not know it was “90 days per trip”
Thank you for that clarification & information you’ve put out for those that need help as well !! Keep up the amazing work man!!
From your kiwi neighbor 🥝 !
Thanks Jono! Great to hear you got some peace of mind from it, thank you!
Hi Josh, thanks so much for your help! If I enter the US with ESTA, will I be able to travel from the US to another country (e.g. Japan) during the 90-day period on the same ESTA? Or, will I need to apply for another ESTA when traveling back to the US from Japan?
You can certainly travel within the 90 days but how long do you plan to stay after that?
Hi Josh,
I’m currently in the US on a J1 Visa and wish to travel the US for a few months after it runs out. Is it possible for me to just go to Tijuana by land and come back on the ESTA, or must I leave North America fully first?
Hi Josh
I travel to us in June 2023 stayed 13days to visit my partner, at customs when asked I said pleasure and then asked do know anyone here I said family and friends and sent on my way, I returned this year 25th Feb stayed 9 days same ordeal but purpose of stay I just said visiting family, my partners birthday is in may I want to go be with him for his birthday is the amount of time out of the us valid for re-entry, and should I now be mire accurate with detail when asked purpose of stay. Ie.. partners birthday
I initially wanted to take him to Hawaii in may and then go back to Ca for our anniversary in July but as hawaii is also classified American soil I don’t think it will make a difference if I go to Ca as it’s still only 2-3 months between visits either way your opinion with be greatly appreciated
Hi Josh,
Thank you for this article. I entered the US for 14 days in January and then went to Japan for 17 days. Did this reset my 90 days ESTA visa? I’m now back in the US, and entry was not a problem.
Check your I-94!