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 recently travelled to the US on an ESTA for three weeks, have returned to my home country and after three weeks am planning on visiting the US again for two weeks. Is this likely to cause issues at immigration?
It’s really up to the agent at the border, but you should be fine.
Hi Josh , I have a question and would appreciate your advice.
I have been in the U.S. for 89 days since 5.January until 4.April – I am planning to apply now for B2 visa in September as I wish to travel around US longer than last time.
My question is – is it safe after 6 months away from the US when I been on esta to now (in September) to apply for B2 ? I have decent savings to proof my travel supports and also prove of monthly income.
Thank you for any advice
Hi Josh
I am a UK citizen that recently stayed in the states for 26 days, I am planning on returning for 2 weeks after staying in my home country for 3 weeks.
Is this sufficient time in my home country?
If not will proof of my return flight, return coach and travel insurance be enough proof that I will return to my home country.
I don’t want to lose my ESTA and am willing to delay but would like to go before spring starts.
Hi Josh,
Thanks for your helpful content!
I was wondering if you had any idea of what gives the best shot with the immigration agents: 3 stays of 2 months each or 4 stays of 1.5 months each, with an ESTA?
I want to spend a lot of time in the US to train (I found a unique place for what I do, nothing like that in my country, in Europe). That’s what I explained last time I came (one month stay), but is it considered a valid reason to come and stay that much to the same place?
Thank you so much!
Honestly I couldn’t say.. If you’re going to be visiting that often, I would seriously consider a B2 visa. That way you have gone through the process and gotten proper authorization!
Thanks for your opinion.
I will think about B2 visa. I wasn’t sure it made sense to ask for it, since I can have an ESTA.
I I’m jo and I’m in USA to visit my mom who is American citizen.. I’m gonna leave exactly the 90th day and I’m gonna go back to my country in Europe but I was hopping to be able to come to USA after 20 days for another month or two do u think I’m gonna have a problem in the airport??
Staying right until the 90th day is not recommended in case any travel plans fall into trouble. I would try to leave earlier so it’s clear you will be getting out. It’s all up to the agent on the day as to decide what they think you’re doing.
So Do you think that they will not allow me to enter? Even if my mum is American citizen and I also have my return ticket ?
Hi Josh,
Can you pls advise if you can apply for 2 visas at once?
I am wanting to go to USA from Aus and wondering what is the best option to stay the longest period of time is?
What is the work visa that you can get to be employed over there? can you advise what website i need to apply for this on and approx time frames?
Can i get an ESTA as well as apply for working visa?
Hi Susan, you can get an ESTA to just visit the US yes, then apply for a visa later. Look at a B1/B2 visa, then look at the E3 visa if you are from Australia. But you will need a job before you can get an E3!
Hi josh,
Thank your for your article.
I am however in a very difficult situation so I was wondering whether you could help me.
I am from Germany, doing a gap year right now and applied for the Esta as well as the Eta. I stayed in Canada for a month and flew straight down to Hawaii. Entered Hawaii however with my returning flight, which was exactly 90 days later so I stayed for 90 days to visit my boyfriend who is doing a semester abroad rn. I flew back exactly on the 90th day and now am staying in Vancouver again for 12 days to visit my old host family. My plan is to fly back to Hawaii for two weeks and then go completely back to Germany since my university starts soon.
First, do I over stay the 90 days now since I’m staying in Canada again even tho I left the US after 90 days?
And second, if I show proof of leaving Hawaii again after two weeks to go back home, will I be allowed to enter again since there is no official number of days u are suppose to stay outside of the country….?
Best regards!
Elsa
Hi Elsa, I saw your comment wasn´t answered and just wondered how it worked out for you in the end? Were you able to go to the US again after your short stay in Canada?
Liebe Grüße, Sofie
Hi Josh could you advise what visa I need to apply for to be able to work in USA? (And if I need employment prior to applying for it?).
Also can you advise what website I go to to apply for the B1/2 Visa as well as the working HA1 I think it is?
Thank you so much
Hi Susan, it’s H1B! But you will need a sponsor first. As for a B1/B2 you need to book an appointment at a consulate: https://www.usembassy.gov/
Hey Josh,
Love your blog. Is it possible to get a B visa and then change this to an E3 visa or is this not permitted?
Thanks Jordan, yes indeed it is!
Hi Josh,
My partner and I are looking to relocate from Scotland UK to CA. I have family there so will be staying with them for a bit till we are on our feet. Unfortunately as they are not classed as immediate family they cannot sponsor me.
We were going to look into getting ESTAs to allow us to travel over and look for sponsored employment. Due to work commitments in the UK, we could only stay 2.5 weeks at a time which should not breach the visa?
Have you got any tips on next steps we could take if sponsored employment is not found? Could a B1-B2 visa be an option to allow us into the country legally for 6 months with the possibility of a year with extension. In this time we would continue to look for sponsored employment.
Hi Josh, if I have a working permit in Canada (and fly directly there from Australia) what are my options from entering in and out of America?
Assuming if I am travelling from Canada to America I would need a EStA? How long can I stay in America and can I frequently travel to America on weekends? Options would be great
Hi Susan! It depends on your work permit with Canada, but if it’s a multiple entry permit you should be fine to come over on an ESTA. I’m not sure how it works if you did it a LOT but in general I believe it’s fine.
Josh what about if I go to Mexico for 3 months BEFORE entering USA. Does that time before get included in the 90 days?
If you don’t start in the US it doesn’t start, but if you start in the US it starts your 90 days!
Hi
I am Maria
I am in USA for 85 daya. I am going to canada for 2 daya and I ll comw back.
I am from europe.
My daughter had a serius sergury here. She is student.
I must stay till January.
What can I do.