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 plan on travelling to the US for 1 week, then on to Costa Rica for a month, then Mexico for 6 weeks, then US for 2 weeks, then back to Mexico for a month… do you think I’ll run into any issues here using the ETSA for the periods in the US?
Hey Josh,
I was planning on hiking the Appalachian Trail next year, but have been unable to accquire a B-2 visa. This is due to all US Consulates in Austalia being closed as a result of Covid. If I was to book the trip as usual but with a week long trip in the middle (travelling to Peru to hike Machu Picchu) would I be allowed access back into America or refused entry (or even be refused entry on initial arrival into America?). I am very hestatant as this will require extra flights to be booked with the risk of needing to cancel them.
Cheers.
Hello,
Just to let everyone know that I travelled to Barbados for 14 days prior to entering the USA for 90 days and nothing was said. Obviously I can’t speak for everyone but I was pretty much welcomed with open arms back in August.
I even received a reminder email 10 days before the ESTA expired to be on my way.
No issues at the airport when I got my return flight back to the UK.
I genuinely think as long as you have your return ticket to show the officer at the airport and be honest about your plans (I travelled around 10 states) then you’ll be just fine.
Thinking of returning in February For another month or so. It takes so darn long to see everything anyway! US is so vast! ?
Thanks for the update, Victoria!
So you only left the US for 14 days then came back?
My girlfriend is trying to come back again to vacation after her first 90 days so I am curious. I’m sure she could show flight plans back to her home country
Hi Josh,
thank you for the great work and your helpful article.
I am US citizen, my wife is Swiss (we are married). We intend to stay in US for approx. one year (traveling). My wife has applied for the B2 visa at the embassy in Berne, but her interview appointment is not until feb. 2022. She stayed with me in the US for 90 days with her ESTA until the end of November and now traveled to costa rica for 2 weeks. She intends to come to the US for another month with the ESTA and then fly to Switzerland for the interview appointment.
Do you think this intention could cause problems for the b2 interview or possibly for the entry with the b2 visa in March?
Thank you for your opinion.
Best, Steven
Hi Steven, so first things first, the B2 visa has a max period of stay of 6 months but can possibly be extended to one year. That all being said, the officer could also limit it to less than 6 months, so you’ll need to be cautious on that element.
As for the intent, there should be no issue with already being in the country this year and then re-entering next year as long as there’s valid ties back to her home country and a plan to go back. She’s not allowed to work in the US (for anyone) and she can’t plan to move there.
You’re likely going to need to make some good plans to ensure that you don’t run afoul of any rules as that’s a very long time to be staying on a tourist visa!
Hi Josh,
My wife from the Netherlands stayed with me for 64 days this year. All she needed was our wedding certificate and a copy of my passport. She brought a letter from our immigration attorney, as she has a pending I-130, and proof of return etc, but they didn’t ask for that, proof of income, work, or anything else (I imagine they thought as her spouse, I support her financially), as she was visiting primarily as a noncitizen spouse of a US citizen (a special exception in the original Schengen travel ban). It’s been 54 days and she plans to return on day 64, for a planned 3 week trip on her still-valid ESTA. However, with new restrictions on the way, I want her to come earlier, maybe as soon as this weekend. Is this too risky?
Hi Jerry, really good question. It’s a tough one because it really comes down to the officer. It doesn’t really come down to an equal amount of days, it’s a bigger picture approach so it’s just important to make sure that you can show ties to a home country and plans for what you’re doing.
My husband and I have WT esta visas here in the US till early in January…..we are returning for Christmas in UK and had previously thought two weeks was enough gap before returning there ( as our family have just moved out there ) …..but from previous comments it seems that there has to be a
longer gap…….I can’t see this written anywhere on the esta website….why is this and can you confirm how long before we would be allowed to fly back here from Britain please?
Hi Lynne, there is nothing written about this, that’s why I wrote the article and explained that it’s very subjective.
Thanks Josh, great stuff!
If I spend a month in the USA, then two months in the Caribbean (wishful thinking!) I understand that I would have been seen to be in the USA ESTA zone for 90 days. Attempting to re-enter would look like I’ve basically not left?
But what happens after 90 days?
So a month in the USA, then five months in the Caribbean (lottery!). Then back to the USA. I presume I’ve not “over stayed” my esta? would CBP see be as having spent 90 days on my ESTA then another 90 days clear of it- and therefore should be good to enter (all other things being right)?
Hi Dan, so you can’t actually stay beyond 90 days as far as I understand:
“The regulations are the same as if you entered the United States for a holiday. If you will transit the United States to Mexico, Canada, Bermuda or the islands of the Caribbean the total trip, including both periods of time spent in the United States, Canada/Mexico, Bermuda, or the Caribbean islands cannot exceed 90 days. If it does, you will require a visa, unless you are a legal permanent resident of the country.”
https://uk.usembassy.gov/visas/non-immigrant-visa-faqs/visa-waiver-program-and-esta/
I spend 70 days in the USA on my B2 visa but want to return 5 months after to visit is that a problem
Hi Josh. Thanks for this article, it’s been so useful.
In regards to visiting both Mexico and the USA, obviously if you are in USA and planning to also visit Mexico it needs to be within the 90 day allowance. However, if visiting from the UK, you can enter Mexico for 180 days and USA only 90. Is it possible to spend a couple of months in Mexico before coming to the US and still have 90 days allowance for visiting USA?
Many thanks, Maddie.
I certainly believe thats’ fine, Maddie, if Mexico is first!
Hey Josh, hope you are well.
Me (British) and my finance (American) live in the UK, and need to travel back to the US for the next few months (potentially up to 6 months) as her mum is very sick. We plan to work remotely out there, doing our UK jobs whilst staying with her mum.
My partner can travel back there fine as she is American, however obviously with an ESTA I can only travel there for 90 days. It sounds like from the thread above, that I wouldn’t be able to do there for say 50 days, come back to the UK for a couple of weeks, and then head out there for another say 70 days? Or do you think that would be fine?
Would it be more suitable to for me to get a B Visa?
Chris, unfortunately, you’ll find a lot of lawyers who will suggest you’re not allowed to live and work in the US, even remotely, on an ESTA. Especially if you stay for that long as you’re getting close to having tax implications. I would definitely get a B visa, but first I would talk to an immigration attorney to make sure you’ve got everything buttoned up!
Hello Josh,
My husband entered the US back in August on an ESTA. He stayed 89 days then crossed over land into Mexico. He got a stamp from the Mexican authorities when he entered. We’ve been traveling around Mexico, Central America, and some of South America ever since (it’s been 3 months now since we left the states). We plan to head back to the states for about a week in May (from Peru to Los Angeles). Will he have any issues? We’re hoping the US doesn’t think he “overstayed” because we were in Mexico, Central America, etc. And not in any country completely out of North America.
Thank you for your help!
-Melissa
Hey Melissa, it’s my understanding that you will not be able to re-enter the US because it’s been over 90 days. I don’t thin kit’s considered an overstay though.
HI Josh
I read your article but if I stay for 90 days what is the minimum amount I need to stay out before returning without risk?
And what evidence do I need to show upon returning to the US?
Thanks
Hi Mica, there is no rule, that’s what this article is trying to stay. More than 90 days would be my advice at least! Proof of your plan to leave, and financial statements will help!
Hi Josh, thanks for your hard work doing this post.
I entered USA and spent about 75 days travelling there, before heading to Mexico for what will be 6 months. (75 days USA + 6 months Mexico)
I plan to fly home to Australia but will need to transfer through Los Angeles airport. I don’t plan on leaving the airport. Will this be ok do you think?
I am considering a quick trip to Guatemala for a week or two as well.
Any advice?
Thank you
Hi Josh I met someone online who lives in Australia in a few years she wants to move to the USA. How can she move here permanently? Would she have to move back after 90 days.
Hi Nick, great question. “Permanently” is a big word when it comes to immigration. She could visit on an ESTA (up to 90 days), she could visit on a B1/B2 tourist visa (up to 6 months) or she could come on a work visa like an E-3 (up to 2 years). None of these are permanent though. The only permanent option is a green card. This can be done through an employer, through marriage/family, or through the green card lottery. It’s a long shot but she should start by entering the lottery. Unfortunately, it just closed this year but you can search this site for ‘lottery’ for information!
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
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!