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 Josh,
I am currently in my grace period of my F-1 Visa. I was planning to leave for a few days to Mexico, the Caribbean, or back to Europe before returning on my ESTA to enjoy the summer with friends in the states, before I start at University in England in the Fall.
I planned to take plenty of documentation to support my intention to leave. Do you think this will be safe enough? Also, would taking a cruise from Florida to some non-US territories also serve the same purpose?
Thanks in advance
Andy
Hi Josh,
I have an esta and have used it to travel to florida with family for two weeks from the end of april – mid may and have booked another trip back to Florida for september again for two weeks, i’m travelling from the uk and wanted to know if it’s a sufficient amount of time away from the states to avoid suspicion. Is it a good idea to print out confirmation of a return flight back to the uk and evidence that i can support myself whilst in the states? also would i need to update the hotel address on my esta as it’s a different disney hotel i’m staying in september than it was when I had originally applied for the esta.
Hi Josh, I flew to Mexico 2 and a half months ago and transited through LAX. I was required to go through immigration and my I-94 now has an admit until date of June 9th. I’ve been in Mexico this whole time and now I want to visit the US for a couple weeks. Since I only spent 30 minutes in transit will they restart my 90 days or will they make me leave the US in a week and a half?
Will going to another country, ie. Beliza or Guatemala help?
buenas tardes . mi mama es residente permanente legal tiene green card de los estados unidos , tiene 75 anos de edad, cuanto tiempo puede estar ella en colombia yno perder su residencia permante al regresara los estados unidos? gracias
Hi Josh
Wonder if you can help with this.
My son has been walking the Appalachian Trail on a 3 months Esta and needs to be out of US by 14 June.
He wanted to go to Canada to stay with his uncle for two weeks on the 12 June, then fly back transit through NY to fly home to NZ. Is this permissable or does being in Canada count toward the Esta days and will he be overstaying by doing this?
Your help much appreciated.
Nicki
Hi Josh, I went to the US on a Visa Waiver on the 6th of March 2023 and returned home (Australia) on the 6th of May 2023 (approx 62 days in the US). I want to re-enter the US on the 29th of July 2023 for just under 90 days under the VWP. This will be approx 85 days in between visits under the VWP. Do you think this is enough time between visits to have my application for a visa waiver approved again? I plan to pre-book flights and accommodation to demonstrate that I will not be working or intending to stay past the 90 days, but I just wanted your thoughts on this.
Also, I can’t seem to find a clear answer on this – in the future (it’s a few years away, unless I win lotto – haha), I would like to apply for a B2 Visa to return to the US for a longer holiday (just for leisure), but obviously there’s no embassy in South Australia. Is it required that I travel interstate for the interview or can these things be done via zoom? Thanks!
Hi Rebecca, it really does come down to your personal scenario and not just the number of days. But yes, if you build a good case and show that you’re just holidaying, you shouldn’t have an issue.
As for the B2 – Yes, you need to travel interstate to get a US visa, there’s no online interview process as you also need to give them your passport.
Hi Josh
Regarding the point about needing to travel outside the US completely including “adjacent islands”, how does that work if you happen to live on one of those islands?
I am a UK citizen who has been offered a job (and would of course have a work visa) on Bermuda. I am looking into how often I would be able to go in & out of the US at weekends etc for tourism purposes on an ESTA as I feel I might get bored on a small island.
I assume in that case, a return to Bermuda won’t count as part of a continuous 90 day stay in the US, since that wouldn’t make sense? So then does returning to Bermuda reset the ESTA, if you live there? Would be a similar case for residents of Canada or Mexico that are not citizens, I guess?
Thanks
Craig
Hi Josh. How soon can I enter back into the US on a type 2B visa? I left there on the17th of April, 2023. My daughter who is an American citizen by birth was born with sickle cell. This past winter she has been in crisis 3 times. I stayed to take care of her. Now I am back home in Belize and just want to know when it will be safe for me to attempt to go back to be with her. Thanks
Hello ,
I have one question. Actually I was in USA on b2 visa n I had stayed here for 180 days .. So if in case I want to come back again when can I come back to USA ? Can I return back to USA again after three months??
Hi Josh,
I am planning a trip to Mexico and other parts of central America from Australia. I will most likely fly to LA (as it is much cheaper) and then fly into Mexico from there. I will also go back through LA to fly back to Australia.
Does this mean my first ESTA will cover me for the first 90 days in USA & Mexico? I assume I will need to leave Mexico after this 90 days? If I then head into Guatemala / other parts of Central America this will be out of the region yes?
Then when I am ready to fly back to LA to fly back back to Australia I can just apply for another ESTA? I will have proof of a flight to Australia.