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!
I’m an Australian-UK dual citizen who splits my time between both Aus and the UK. (I’m freelance.) Last year I did some travelling in the USA from Oct–Dec, seeing friends, hitting about 89 days on my ESTA.
I then travelled home to Australia for three months, then to the UK for work for a month. And am now visiting friends in Canada.
Right. So…
From here I’m flying home to Australia but with a two-week stopover in California, as one of my dearest friends is having a 40th birthday. I figure enough time has passed (5 months) for last year’s long stay on the ESTA to not be a problem. I also have my onward flight ticket and the birthday invitation, so can show that’s why I’m there and that I’m not looking to stay any longer.
However…. another trip is in the mix. My friend in Canada wants us to take a weekend trip to New York, and I’m wondering if that’s going to be fine? Again, I’ll have my return flight ticket – we’re only going for two days. It’s only a week before I head off to California so the stay in Canada in between won’t be excessive.
Do you think the NY trip is going to be fine?
When my 90 days is finished, can i stay in mexico? Australians dont need a visa to stay in mexico for 180 days. Will i have issues if i stay in mexico and dont cross the border after the 90 days seeming as i can supposedly be in mexico for 180 without a visa? P.s… i need some help with visa stuff please. Please reachout and connect. Thanks so much
So my understanding is that as long as you don’t want to re-enter the US, you’re fine!
Hi Josh
I’m married to an American citizen. USCIS has approved our spousal sponsorship application and now it is with NVC. I’m here for 86 days with the Esta (British citizen). Can I go back and return immediately? We are married and I will return again to London when I am called for the interview by embassy regarding the sponsorship when I get the appointment. I will of course have returning flight ticket to UK and will not be overstaying.
Hi Josh,
Thank you so much for your precious work!
I’m Italian, my partner has green card, and my daughter was born 23 February in LA. I came on esta 2 weeks before she was born and we applied for her American passport asap so we could move back to Italy before my 90 days would expire. Turns out her passport issuance has been delayed by the government office (it should have arrived several weeks before my esta expiration date), and my 90 days expire on May 5th. If the passport doesn’t arrive on time I will fly back to Italy just shortly before the expiration. But in that case I will have to come back (for just a few days), at most one month after, to help my partner move and bring our baby to Italy.
Is that a good enough reason for border officials to let me in? And what documentation would you suggest to bring?
Thank you so much for your help, we are very nervous about this.
Hi Josh,
I’m in a particular situation and I don’t know who to ask, I hope you can help me:
I’m an Italian Student and right now I’m in Toronto to do my thesis. I came here from Italy on March 31st but before coming to Toronto I had a layover at New York airport. I had an ESTA and they put a stamp on my Italian Passport with the “expiry date” of 28 June 2023 even if I just spent 8 hours at New York airports waiting for my flight to Toronto. The problem is that before coming back to Italy, in July, I wanted to go to Chicago to visit my cousins. Could I come to the US after 28 June 2023? Because I saw that if you go to Canada the period of the ESTA can’t restart from zero. But is this rule valid even if I just had a layover of a few hours at New York airport? In case I can’t, do you know how can I extend my ESTA?
Hi Josh
I have a question in regards to ESTA.
My son has a ESTA with an expiry date of 30/07/2024.
He has left Australia, travelled to HAWAII for two weeks and has returned back in 2022. He now wants to entered the USA for a couple of trips while working in CANADA. So he may pop over to Seattle or San Fran for a week here and there before the expiry date on the ESTA. Can he enter the USA from Canada ?
Also his US point of Contact information on the ESTA is based on Hawaii hotel address?
Not sure what to do about this?
Any advice would be greatly welcomed.
Thank you
Sharon
Hi Josh,
I appreciate your amazing work!
I entered the US (03/12/2022) with ESTA from HUngary, stayed 2month, then i travelled to Mexico, where i am spending 3 months. I am flying back to Hungary 01/05/023 rom MExico. and my transfer is through New York. I don’t want to leave the airport/ re-enter into US and i have a valid ESTA.
Do you think it will be fine or i might get into a trouble? (I know MExico counts into the 90 days SO like this i will have been longer than the 90 days by the time i am transfering through NY. )
Thank you for your answer!!
Blessings,
Tünde
I am in the US on an ESTA. I plan to stay for about 3 months. Is it possible for me to go out of the country and apply for a B visitor visa so that I can stay longer? Maybe stay out of the US for some weeks or a month. I was originally just traveling in the US but I want to stay longer and do volunteer work. Do you think this is possible? Does it matter what country I travel to to apply for the visa?
My daughter went to the US from Canada end of October to stay with her canadian boyfriend who plays hockey there. She came home for a week and a half at Christmas and then went back to the US to stay there. When she did a US customs at the airport told her she had to be back by April 1/23. She booked a flight to leave today (March 31) but they wont accept her passport as her pup chewed some of the corner of it. They wont allow her on the flight. Will she be allowed in the states again if she isnt out by April 1?
Hi! I just arrived to the US with an ESTA visa. I’m planning to stay for the 3 months since I have time and a lot of friends and places I want to visit. Unfortunately, I just realized I bought my flight one day after the 90 days, so it’s 91 days. I don’t know if to change the flight paying 300$ extra or use those $$ and travel somewhere else where the days don’t count. Would they let me come back in if I travel to, for example, Cuba?
You must leave the US within 90 days, so as long as you do that, it’s fine, but getting back in won’t be possible very quickly without good reason.
Hey Josh!
So I am a British citizen living in Australia.
My partner is American and living over there.
I am hoping to be able to visit him on a regular basis, without working.
I’ll have proof of financial stability for myself so that I do not need to work. I was hoping I’d be able to get an ESTA, stay as long as possible (I understand you advise not staying the full 90 days), either fly back to Aus or the UK for a couple of weeks to visit friends and family and then go back to US on the ESTA.
Are you suggesting this may not be the best way to go?
We looked into the K1 visa as an option too so I’m just wondering what is going to be best to do.
We’ve planned ahead and are planning to get engaged early best year and married shortly thereafter (neither of us wanting a long engagement).
I guess what I’m asking is, for the tile being, what is our easiest way to be together and not have to do this long distance?
P.s. also makes more sense for me to visit him as he has a home, a dog and a larger and I guess a more regular income than I do here in Australia.
Any advice would be incredibly appreciated as we’re over doing this long distance.
Thank you.