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!
Hi Josh,
I am planning to visit my husband in the US with ESTA and stay for 80 days and return back to my home country (Germany). Can I stay for 2 weeks in Germany and return back to the US for another 70-80 days?
thanks
Hi Ayd, as this article says it’s not a hard and fast rule. If you were going to do that you would want to carry proof of your flights out, how you will support yourself, and an explanation of what you were doing there. It shouldn’t be a problem if you do actually plan to leave again though.
Hi! I am planning to visit Miami this month for 6 days to spend my daughter’s birthday. Then come back to Ecuador then planning to go to Boston next month for 9 days . I have already been to Boston twice this year February and April. Do you think it will be problem going to USA so often? I have ESTA. My each visit is only a week
Hi josh.
Good for you with your online help!
So I have a pressing issue.
I’m having major surgery in USA.
I’ve applied to Australian embassy (I’m Australian) for the exemption to fly with my 13 year old due to needing major surgery there and having no family to help here. MY surgey os Scheduled for 16 December but now socks nov 8th we have the problem of getting in.
I need this life saving surgery. What I’ve shown to my embassy is my compelling reasons and esta but have applied dor b1 visa as o may need to stay fpor over 90 days.
I could go to Costa Rica.
If my 6 month vida isn’t granted in time
What do you suggest?
Nicole
Hi Nicole! I would definitely suggest speaking to an immigration attorney. In this situation, you do not want to enter knowing you might overstay as that can result in serious legal complications.
If I leave to Costa Rica for 1 week for a training camp, then fly back to the USA, will my ESTA 90 period restart?
I don’t plan on doing another 90-day restart after this but I have to stay longer than my original 90days as my flight is booked in January back to Australia (where I’m from).
Hi Luke, you should be ok but be sure to have documentation about your plan to leave and not overstay your time as 1 week is a very quick turnaround and may look odd.
Hey, I hope you are well.
I was hoping if you would know this, really appreciate your help
I am currently in the US on an ESTA (visa waiver programme) allowing me up to 90 days.
My. 90 days will run out November 28th.
I am planning to fly to Mexico on Nov 2nd and hopefully stay until April (167 days)
I don’t know if my 90 days in the US include my trip to Mexico now?
Like do I have to leave Mexico before Nov 28 as that is when my Visa waiver 90 day limit runs out..
I want to stay in Mexico until April 2022 and then I will be returning to the UK (back home)
I don’t intend to return to USA..
will I be given a fresh set of days in Mexico at the border control ?
I will be contacting the embassy as well but am hoping if you would know the answer!
Appreciate your time!
Mona
Hi Mona, yes I believe you will be fine to visit Mexico as long as you want (within these guidelines from Mexico – https://consulmex.sre.gob.mx/toronto/index.php/en/servicesforeigners/doclegalization/52-conservices/225-visitors-who-do-not-require-a-visa-with-a-stay-up-to-180-days).
The timer only relates to you trying to return to the US within that time. So if you tried to return to the US it might be more of an issue, but if you travel on from Mexico back to the UK, you should be fine!
Hello Josh!
My partner arrived here in TX last Nov. 12, 2021. originally her flight back to Norway will be on Feb 8, 2022. but I told her to rebooked her flight and make it exactly 90 days of stay in the US. the US customs already emailed her and remind her of remaining stay. shall we appeal to the US customs that her flight was rebooked to make it exactly 90 days? please give some advice thanks!
Hi Josh, thank you so much for this article, it’s very useful!
We have a quick question more. We are a couple of European citizens having a regular active ESTA. On early October we entered the US flying in from Mexico, as we tried entering via land border with our motorcycles, but it was still closed.
We are planning staying in the US till early November, then we will fly back to Mexico to enter via land border on the 8th of November, as soon as it opens again.
Then we’re planning to stay one month and a half, so the total won’t exceed the 90 days period.
Do you think it will be fine and smooth and there won’t be any issue at the immigration since we are going out and then re entering within the 90 days?
Thank you very much for your help!
Hi Anna,
Thanks so much for the kind words! So there’s no real requirement, as you’ve seen, but you’re going to want to have some documentation about exactly when you’re leaving, proof of flights etc, proof of how you will support yourself. It’s not a deal breaker, but you might be held up!
Thank you so much Josh!
Hi josh wanted to ask if I was to return back to uk within 90days and return back after two weeks due to a family function on esta visa will I be able to do so without a issue ? Obviously the tickets will be booked for return too within 90days
I would be careful staying for the full 90 the first time.
Hey Josh
I visited my wife in the US form mid May until end of July. I was in the US for a total of 77 Days. I do have a flight ticket for the 2nd of September to go back to the states for another 88 days until the end of November to spend our first wedding day, my birthday and thanksgiving with my wife. The timeframe until i reenter is 38 days. So i was in country for 77 and out of country for 38 before i will reenter again. I am traveling with an ESTA visa. My flight from the US back to Europe will be November 28th. Do you think i will get any trouble going back into the country September 2nd ?
I really appreciate you and im hoping for an answer.
Thank you so much in advance
I would highly recommend you speak to an immigration attorney as entering on an ESTA with a partner from the US may throw red flags.
Hi Josh,
I’m going to the US for a ski season and travelling back to the uk for a week to reset my insurance as that only covers a 60 days trip to the US. When I return to the US will my ESTA only cover another 30 days in the country or will it be more than that?
Thanks, Jay.
Hi Jay, if you leave North America (and surrounding islands) completely, your ESTA should allow re-entry of up to 90 days again. That being said, spending time then leaving and returning can flag issues with immigration when you try to re-enter so be sure to have a plan and proof that you plan to leave (and support yourself while you’re here).
Hi Josh
The plan or proof that your second entry after a 90 days period can be the case that you settling a new business in the US and you need more time ?
Many thanks
Cris
It’s definitely not an explicit list, but I think that sounds pretty reasonable!
Hi Josh. My daughter recently travelled from Australia to Los Angeles on an ESTA VWP, to see her boyfriend. She has a return ticket for 90 days . She was hoping to extend her time there, but saw that it isn’t possible to extend a Visa Waiver.
Is there any way she can get around this?
No sorry, there’s not. She needs to leave and return (and not too quickly per this article).
Also if she’s planning on staying the full 90 days she needs to be really careful because 1 hour of 90 days and she may not be able to return as a penalty (or ever on an ESTA).
Thank you for your reply. It all seems so complicated! I appreciate your help.
Hello,
I am going to do camp america on a j1 visa which expires in September and then I am wanting to go stay with my brother in America after this visa ends. How long do I need to leave America for before re-entering on an ESTA? Would I be able to go to Canada for this time or would I need to leave North America?
Thanks,
Beth
Hi Beth, did you ever get an answer for this? how did this go? i am planning on a very similar thing to travel canada once my J1 expires and then re-enter usa on my esta! 🙂
Hii Josh my daughter and I recently returned from the US total days spend 74 days but we were stamp 6 months ….. I have a business in my home country which I needed to attend too and bought back stuff for my business my question is would I be allowed back entry back for two weeks if I try to go back my daughter really Wanna experience 4 of July celebration and to travel around to many more States .
Hello,
I was currently in America travelling the West cost for about 2 and a half months from march to mid May, I visited Hawaii and loved it and have decided I want to travel it a bit more so was hoping to go back November for maybe a month, do you think this will work on an esta
Hello Josh,
My husband and I entered the US (at different dates) with ESTA, then travelled to Mexico where he has been longer than the 90 period but we are not planning to go back to the US until end of year as we are continuing our travels towards Central America! Does this mean he has broken the 90 day permit?
Hi Anna, my understanding is you’re fine if you’re not returning to the US.
Hi Josh
Thanks for this informative page.
I have a 30 day trip planned where I’m basically just passing through New York for about 4 days then down to Colombia for 3 weeks then a couple days in Miami, 4 days in Mexico, 2 days in LA then back to Sydney.
Cumulatively, it’s not long in US and it’s only spread over a 30 days so I’m at no risk of overstaying, even counting short time in Mexico. But I’m not clear if I need to reapply for a separate visa waiver when I reenter from Colombia since it is not a contiguous territory. Or does the original visa waiver cover for 90 days from start regardless of which other countries I visit in between?
Thanks
Hi Josh,
On August, I spent 15days out from Schengen Area and then 1 week with my partner in US(no more days off work).
Now I will come back to him and stay about 2 months. I travel on Esta, because we don’t plan to get married now (so no K1). Could I have problems with the officer?
Hi Anna! You shouldn’t have an issue as far as I know, just be sure to bring proof of how you will support yourself and proof that you plan to leave on a particular date!
Hey Josh,
I am about to finish my j-1 program and right now I am traveling around usa during my grace period. I also have my esta visa to activate but I need to leave the country. I would love to travel more in USA in that case use my Etsa. I have my job offer in Kanada which starts in mid November.
Can I leave only for a few days to Mexico and then come back to usa?
To clarify, the ESTA is not a visa, it’s part of the visa-waiver program, so you need to be careful on that status. Generally traveling to somewhere else North America is not enough, including Mexico and Canada. It comes down to how it looks, but you may want to speak to a lawyer attached to your J1 to make sure what you’re proposing to do is ok.
I’m planning a very similar thing Zuzu. I’m curious to know if you managed this?
Hi Josh!
I’ve been hoping to travel to the US from the UK under a B1 visa to do voluntary work for 6 months, but with COVID that’s not been possible.
The borders are opening in November to allow UK citizens into the US but there seem to be no visa appointments until May 22!
I’m wondering if I can travel under an ESTA in Jan, fly back for a week in March and then go back…do you think that would work? I would have flights back to the UK at all times and am not trying to stay in the US for longer, just trying to fulfil my plans from pre COVID!
Hi Lucy! I would be very careful. The ESTA is more strict than the B1/B2 visa process so I would potentially speak to a lawyer before doing this. Do you already have a volunteer opportunity lined up with a registered charity or not-for-profit?
I’m from Europe and I visit my mum in USA for 90 days with esta and I went back to Europe for 20 days and I’m planning to go again to spend more time with my mom who is American citizen do u think I’m gonna have a problem ?
It really is subjective and I can’t say for sure but if you have a clear plan to leave you should be ok.
I have a home in the USA.
My first entry after covid was April and I stayed for 4 weeks.
I then entered on the 28 October and stayed till 25 November ( 28 days)
I returned 19 December and left 11 Feb (54 days)
I returned 28 Marc for 3 weeks and the immigration officer told me if he counted my days I would exceed my annual allowance and I must apply for a Bvisa.
He told me I am only entitled to stay 90 days in a year.
Having had the house 10 years I have never encountered this with immigration. Can you clarify the rules as I leave for periods of over 3 weeks in most cases and we only use the house from October to May we do not come for the summer months. The longest I have stayed is 88 days in 2012 but I visited the USA on 3 other occasions that year with nothing said by immigration.
Can I visit on more than one occasion or is it a total of 90 days?
Is it a rolling total if so does it start on the first day I enter for 12 months or is it a calendar year?
Thanks
Hi Donna, I’m unaware of a strict limit per year beyond the 90 day limit per visit.
Same thing just happened to me … I think they are wrong but worried now because he said he has flagged me
Hi Jo, how did it go? I am in the same situation at the moment. I have just stayed for 90 days in the US, came back to Europe and planning to go back in 20 days.
Hello, the same happens with me, I was there for two months a month ago, and I’m planning on going in a month or so
Hi i arrived in the USA from doing a 22day cruise using a VWP I official got off cruise ship on 21st May I have been staying in Florida as I met a girl on cruise I would like to continue to explore the USA I see it only states must leave for the USA for reasonable amount of time I’m actually wanting to do quiet few cruises while here in the USA as I love cruise ships would leaving on a cruise ship count as departing the USA as I’ll be on the water in and out in international
How many days would you reccomend as enough time to leave ‘re enter start another 90 day period plz
I believe it still depends on where you’re visiting: https://americajosh.com/blog/general/what-are-contiguous-territories-and-adjacent-islands-for-us-immigration-and-uscis-requirements/
Hi Josh,
Would you be able to visit your partner on a B visa for the majority of the permissible 6 months, leave (say Europe – note, I am from Australia), and then return on the ESTA VWP to effectively ‘extend’ the stay out for another 3 months? I know this is a stretch, however, I’ll be on long service leave through 2023 and wish to spend the most amount of time possible on the East Coast with my partner before Australian borders completely open and she can travel there with me.
Your thoughts would be appreciated.
Ben
Hi Ben, you wouldn’t need the ESTA. The B visa is normally issued for 10 years at a time, with stays of up to 180 days each time. In theory what you’re suggesting is not a problem but you are going to want to have proof how you are going to support yourself (without working, as you legally cannot work) and proof that you plan to leave and that you’re not just de facto living there. It all comes down to impressions and it can look a little fishy if you want to spend that much time abroad to a border agent.
Hi Josh,
I have been in US 85days then wanted to go to the Cayman Islands for three months then UK after. Will staying in the Cayman Islands effect my re-entry if I wanted to return to US at any point
Hi Josh,
My son went to the US on a B2 Visa to attend a basketball training program. He needs to leave US before 22 March according to his passport. However, he wants to return to finish the training program which will run for another 3 months from March. My question is:
How long does he need to stay out of the USA before returning on a B2 Visa? Thanks Sam
Hi Samantha! It’s my understanding that there’s no requirement to stay out of the US (like there is on an ESTA). As your son has gone through the process to get a visa, he is permitted to leave and re-enter, but I would make sure he has documented evidence that after 3 months he’ll be leaving again, and his plan, just in case anybody asks any follow-up questions.
Hi Josh,
Thanks for having this great side to help.
I’m married to a US citizen and we are currently living in Sweden since couple of years back and are now in a visa spouse process for the I-130. We are in parental leave right now and would love to travel to his hometown for couple of months, 5-6. We were in the states 3 months ago and I traveled with the ESTA. But we only stayed for 2 months. I wonder how we can stay there for more then the 90 days without issues for my visa process. Any suggestions?
Thank you, Imane
Hey Josh 🙂 thank u for ur help!
Will I have overstayed if Id stay almost 90 days(VWP) in the States,
Then 1 month in Mexico,
Fly 2 Colombia for a few months,
Return to the States(VWP)
Before going back to Germany?
Stay blessed!
YES you will be overstaying if you are in North America for over 90 days. USA and Mexico are both North America, you can only stay a total of 90 days then you must return or go to one of the countries listed above in the article.
Hi Josh, I’ve had an esta for 2 years as a UK citizen, I had a girlfriend in New York so I’d spend 3 months in America and then 3 months in England and back to America for a further 3months etc, on my last trip they almost didn’t let me in due to suspicion I was basically living there, I left America on January 10th 2023, would I be able to re-enter now it’s been 2 months due to it being a new year? Or does my esta not reset on yearly basis
Hi Finn,
Can I ask how many trips you had done before they almost didn’t let you in? I am doing the same now but between England and San Francisco to stay with my boyfriend, I’ve entered 3 times now with no issues but staring to get nervous that they will question me more next time.
Hello Beth,
I have the same issue. I’m visiting my boyfriend in Florida. This is my first visit and i’m staying for almost 3 months. Did you have any issues when trying to visit again and how long did you have to wait before returning to the USA? I’m so nervous and worried that they’ll turn me away on my second visit – I’m planning on waiting 3 months before i fly out to see him again – I don’t wan to raise suspicions as i don’t want to live there yet but we cannot go long periods of time without seeing each other. Anyone have any advice? Thank you
Beth how many times have you done this in the year the visiting my partner is in the us I’m in the uk I stayed with him for over 2 months returned back to the UK end of May now rebooked to see him in October for 3 months
Hi Finn,
If you don’t mind me asking , what questions did they ask you ?
And did you have a job at the time ?
If so , how did you prove to them that you were on leave for 6 months in a year?
As I’m in a similar situation , and actually quiet nervous to travel.
Fin could you tell me how many times you have done this please I’m in the same predicament my partner is in the us. I recently left in May and have booked to go back in October to see him
Hey Josh,
I have had an esta for a year now and I’ve been in the US 3 times. Staying for 3 minth and leaving for 3 month because we applied for my fiance visa and it takes time.
Now I’m back in Germany but only for 2 weeks, my flight back to the US and after that, to Germany is already booked but now I’m so so scared they won’t let me in to see my fiance
Hey I wanted to ask if you have been also traveling to the USA on esta whilst waiting for your fiancé visa as I will want to apply for a fiancé visa soon
Hi my fiancee came on a esta and overstayed by 40 days due to financial fraud by his family back in belgium and we couldnt fly out before now we are in belgium and victims of domestic violence by his family we would like to return to the us but are concerned if he be allowed fo renteenter under esta can he re enter ?
Hi Sandra.
Sorry I just read your message, and wondered if you could help. So I’m from the uk. My fiancé is from California, I can only stay in the states for 3 months and her in the uk for 6 months. I’m struggling to find the correct visa to apply for? Have you got a link you could send me please?
Hey josh hope your well mate. I’m on a esta tourist visa (90 days) and I have plans to go to colombia for a week or so. What happens when I want to return to the US? If they don’t believe that I am heading back home what happens ? Do they let me back in without the extension?
Hey Adam, so I believe Colombia is far enough away as not continuing the counter but they will ask questions if you plan to stay for long. What kind of time are you spending after you try to come back?
Hi Josh, we are planning a big trip from Australia. We plan on getting a esta visa for Canada and doing 1 month there, then doing 90 days in the US. Then we will be going to Finland for 3ish weeks then want to do another 90 days in the US.
Do you think we will have trouble?
I will have all the evidence required to prove that we are definitely not trying to live there. Itinerary, accommodation car hire.. We will have return flights to Australia at the end of the 2nd 90 day stint.. Kids will still be enrolled in school and we will still have our house and jobs etc..
Is what I’m planning possible?
Hi Jenny, it all comes down to presdentation. You SHOULD be fine, just make sure you’re clear that you won’t be working while in the US and it’s just a holiday.
Hi Josh
My son has gone with Esta from Italy to Canada (through NYC) on September 2nd and now he has to come back to Italy on Dec 14th (Toronto-NYC-Italy).
But I think he has to push his flight forward to Nov 29-30th or it will be more than 90 days.
Is it correct?