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,
Thanks so much for the great work you’re doing here. Just a quick question, If this year I was in the US for 46 days on two separate trips (one in January and one in March) to visit my girlfriend, how likely am I to have problems with my upcoming two trips:
1. Returning to the US on September 30th and staying until October 28th.
2. Going back to Europe on October 28th and returning in the US on November 26th and staying until January 13th.
Considering I am on a B1/B2 visa, I am outside the US for at least as long as I stayed in the country and I never stayed or plan on staying up to even 90 days, let alone the 180 days that are typically stamped on my passport, would my plans be safe enough? Of course I will bring my rental contract from my country of residence and return flight to show I do not plan on overstaying, Would really appreciate some feedback.
Hi, we are two Aussies. Bought a boat in New York in March 2023, and came over on an ESTA to collect the boat in April as we didn’t have the time (5 months) to wait for a B2 Visa in Australia. We stayed in New York for almost the 90 days trying to get the boat sea ready and registered etc, and then went to Nova Scotia to honour the 90 day ESTA maximum where we presently are… been in Canada since 25 June. Now we need to sail south to Caribbean dodging hurricanes and before winter arrives and our Canada visa runs out (November). The Issue is that we cannot, we were told, arrive into the US on our own boat with an ESTA – it must be a commercial vessel. We have tried applying for a B1/B2 visa but we don’t have a Canadian address or Canadian contact for proof of ID to collect our passport etc …. and besides, it will take over 700 days for an interview in any case fir a B1/B2 visa. ESTA is our only option but I don’t believe we can reactivate it being in Canada, nor enter the US in our own boat. We are basically totally stuck and don’t know where to turn next.
My wife staying in florida I esta visa she stayed in more than 90 days without leave the country, what problem will come?
She may not be permitted back into the US for a short or very long time. Speak to an immigration attorney immediately.
Or if I fly to El Salvador / Guatemala and come back before my esta 90 days are over, would the days continue or reset at zero?
Hi Josh, thanks for the info!
I’m gonna visit soon my girlfriend in the states with an Esta and planning on staying almost 3 months, then 1 week to el Salvador or Guatemala, and coming back for another 3 weeks and flying back to Italy! (already booked the flights). Do you think am i gonna be fine or am I obliged to fly back to Italy for like 2 weeks instead?
Hi Josh, pretty amazing resource you have here. Thank you!
I recently got an ESTA live in the British Virgin Islands. I lways thought coming back to the BVI would reset my ESTA days, but they are part of the Leeward Islands, so how does that work? Is there an exception if you live in North America but not in the us?
Thanks , Colin! That’s a really good question. As I understand, if you go back to your “home” residence, yes, it counts as resetting.
Magic. Thank you for keeping this up josh!
Hi Josh,
We visited the US last December 2022 for 2 weeks.
Are our Esta’s still valid for our planned visit to US in August 2023 please?
Thanks,
Jennifer
You can check here: https://esta.cbp.dhs.gov/individualStatusLookup
Hi Josh,
Hope all is well. European national currently in the US with an ESTA. I have travel plans for Canada where I will remain for over a year. After that I would like to return to the US under the ESTA program. Will I run into trouble at the border crossing when trying to cross? If so, will I be returned to Canada?
I JOSH:
My nephew arrived in the USA with a B2 visa from Argentina on 1/1/23.
While visiting he was asked by our college to try out for the soccer team. After taking the necessary tests, and showing all required documents including tuition, he enrolled and the college issued an I-20 document showing that classes will start on 8/22/23. The college counselor says that the waiting to change his visa from B2 to F1 while in the States is over a year wait so it would be better to apply to go to a USA embassy in Canada for a faster interview.
We finally got a visa to get into Canada., ($180) and also apply for the F1 visa with the DS-160 form and gather all the necessary documents. when we try to get an interview in Canada all the cities with a USA embassy show that “there are no available dates at this time, try later.”
So we changed our destination to try Mexico, we had to have a friend make a deposit in Mexico (No credit cards or transfers) before we could schedule an appointment, but, even when before we pay, it did show only a week of waiting in the city of Merida, when we got to the scheduling, also showed “No available dates” Finally we where able to find an interview in Monterrey, but not until October 5th. we did take a chance and asked for an “Emergency appointment” and we are waiting for the answer.
The problem is that my nephew’s stay will be 6 months on July 1st, 2023.
I assume he would have to leave the country before 7/1 and re-enter correct? He has a brother in Mexico, so could he go to Mexico for a few weeks and re-enter the USA and stay with us while waiting for his October appointment?
Any other suggestions?
Thanks so much for your help.
Hi Josh – ADMITTED STAMP (under ESTA for less than 90 days)
I read through the entire site but can’t find an answer to my cousin’s situation. He came to visit me for the second time after staying 88 days the first time (mid January to mid-April ) and then came back again in June (59 days away) with a return ticket booking for about a month. He was admitted at JFK, Border Patrol officer gave him and about 20 other people very hard time, searching his hand luggage (that’s all he had) in a separate room and eventually letting him in with a stamp that says ADMITTED but only up to the departure time of his return ticket. We are contemplating changing the ticket because he would like to visit my cabin in Massachusetts and also West Coast. We were under the impression that you could stay up to 90 days without the danger of triggering ‘overstay’ problems. Can this stamp be changed while he is in the USA, or considering that there is not much time left can we just assume that the 90 day limit is still applicable as long as he does not stay longer…
Thank you for maintaining this valuable service!
The ESTA allows for UP-TO 90 days at the officer’s discretion, so whatever the date is on the stamp, is the date he absolutely must leave before – even if it’s fewer than 90 days.
Do not overstay that date.
Unfortunately no, there’s no real way to extend that date.