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! If I am a spanish citizen but Mexican resident (permanent residency in Mexico will be obtained in July) can I then re-enter the US on my ESTA?
Last time I entered the US on ESTA was on Feb 1, but my entry stamp was only until March 27. I left on Feb 6 and will enter again on April 6 for 10 days and at the end of May for a friend’s wedding. Why was my stamp for less than the allowed 90 days last time? Is this because I enter Mexico? Could this be an issue next time I try to enter? Should I just mention I am a Mexico resident next time? I have entered Guatemala too since my last US trip but on my Guatemalan passport
Hi! If I am a Mexican resident can I then re-enter the US on my ESTA? ESTA inquiry
Last time I entered the US on ESTA was on Feb 1, but my entry stamp was only until March 27. I left on Feb 6 and will enter again on April 6 for 10 days and at the end of May for a friend’s wedding. Why was my stamp for less than the allowed 90 days last time? Is this because I enter Mexico? Could this be an issue next time I try to enter? Should I just mention I am a Mexico resident next time? I have entered Guatemala too since my last US trip but on my Guatemalan passport
Hi Josh,
I’m an Australian citizen and have been dating a girl from the US. I recently stayed in the US for 85 days straight using ESTA. I returned to Australia and in has since been three weeks. I am considering going back to the US within a week for a possible stay of 60 to 80 days.
If I fly back to the US and present to border control all my contacts in the US and honestly explain my intentions, what is the risk that I end up rejected?
HI Josh,
My boyfriend has traveled to the US with an ESTA visa for the past year. He came in a few times, 2 of which he stayed in for 2 months. This last time he came in they took him into questioning and were very tough on him, even took him to a private room. They saw that he was not making any money in the US, and they let him in, although they told him to fix his paperwork and that next time might not be so easy to get in.
So far this trip, he’s been inside for close to 3 months (in the last 11 months has been more than 180 days). We decided that he should stay out of the US for at least 9 months, but now he read something stating that the total number of days allowed in the US within 12 months is 180 days.
My question is: if he stays out of the US for 9 months or even a year and then comes back for a month, will he be breaking the esta regulations?
Thank you!
Hi Josh,
Last year I travel to US using b1 tourist visa and during my stay I did an extension, I was there for more than 300days. I was wondering what the safe gap for me to visit US again?
Hope to hear from you. Thank you.
Hi Josh,
I was in USA last year under b1 visa plus extension, so I stayed in USA for more than 300days during my trip. I was wondering what’s the safe gap for me to be able to return back to USA under b1 visa again. If not is there any other way? Please advise.
Hi Josh,
I am entering the US on an ESTA on 17 May 2023 and plan to leave on 15 August 2023 which I count as 91 days, my travel agent has said I am within the 90 days limit, do you know if either or both of the arrival date and departure date are calculated within the ESTA 90 days?
Many thanks in advance
Michael
Hi Josh,
My girlfriend from Australia wants to visit me in America for 3 months this summer and then return for 6 months in the winter. She has applied for the B2 visa and has her interview in May. Should she be worried about being denied the visa and being disqualified from the ESTA? She will explain to officer our plans and provide proof of funds for the trips. However, she is working only casual employment and she doesn’t want to rejected for lacking ties to home country. Is the approval rate high for Australians?
Thanks for the wonderful article.
Hi Josh,
Thank you for such more the effort you’ve put into answering everyone’s questions.
I’m potentially moving to New York for work from Australia, and will have employment sponsorship so will likely be able to get a Visa. I am in a de facto relationship, and my partner does not have an employer willing to sponsor them. Are they allowed to seek work while on a B1/B2 visa (and so they will be requesting sponsorship through an E3 or H1B, and have 6 months or so to do so)?
Hi Josh,
I’d appreciate if you could help with this..
I plan on going to the USA in May for 10 days. Within those 10 days I was thinking of flying to the Dominican Republic for 4 days and flying back to USA for 2 days and then flying home to Ireland. Is this possible on the ESTA? I will also be flying back to the USA in July for 2 weeks.
Many thanks