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’m from the U.K., visited Chicago for 3 weeks over the summer after spending 2 weeks in Mexico, it was just going to be a one off trip (I was in the states from august 13th-31st), but then I ended up meeting someone, hitting it off with them, and so I spent 2 weeks in Canada in October to arrive in Chicago for the beginning November, and I stayed till January 12th, totalling 71 days in the states on that trip.
I would like to do another trip to see my partner in April, so we can see each other for Easter, this one would only be 2 weeks, I have return flights booked, and I actually have another trip booked to Brussels (flights booked already) from London just days after I arrive back in the U.K. after this trip, so it’s clear I have no intent to stay in the states. The day I fly back to the states I will have been 91 days exactly since I left.
I understand it’s really all subjective when dealing with the guards at the border, but in your opinion do you think I will face any issues?
Thank you for this article as well, it’s been a major source of help!!
Hi Josh,
My fiancé (green card holder) and I (Taiwanese) want to get married in the US while I’m on ESTA.
I have visited several times on ESTA before and always left within 1 month, but due to the pandemic and the holiday season, last time I stayed for 89 days (2021/10/16-2022/01/10). And this time, I’d be visiting for about 5 weeks in July. We plan to get married on 07/20, then I will fly back to Taiwan with my fiancé without adjusting my status in the US. We will hold another small ceremony with our family (He is Taiwanese too) in Taiwan.
What would be the best thing to tell CBP this time? I do not want to lie, I’ve always been truthful about visiting my boyfriend and have never been questioned further on this. But I am very worried that this time, if I say visiting my BF and CBP further asking why do you come to the US so often and I answer “to get married”, they will immediately deport me.
Hi Edna, could you tell me how everything went? 😄
hey Josh thanks for what you’re doing here that’s amazing and very helpful!
Im planning of traveling to the US with my partner (She’s US citizen but were not married and not planning to be any time soon ).
I was looking into the B2 visa but its looks like near impossible to get an interview any time soon , so i’m looking into getting the ESTA visa –
Our basic plan is to get to US around mid July22 stay for about 60 days and than go to Mexico for 1-2 months after that go back into US for another 1-2 Months and fly to Europe –
Based on the other comments here- if i have proof of traveling around and also proof of tickets to leave US ther’s no need to be a problem with getting extra 90 days again after coming back from Mexico ?
And another question related to that – lets say we’re having lots of fun in US and i want to extend my stay for longer whats the Visa type i should look into ? only the spouse visas? or there is a possibility to get a B visa from within the US ?
Thanks for the help dude its so hard to get help with this sort of stuff for some reason !
Hi Nov,
Mexico is a contiguous country, so you can’t do this. Your 90 days would continue while you were in Mexico and you would therefore be entering with a plan to stay more than 90 days. I know, it’s weird. You basically need a B1/B2 visa.
As for the having fun: Be careful because this can’t be your plan when you enter on an ESTA. You also can’t change to another status when you’re on an ESTA. You would need to leave the country (and contiguous countries) to get a new visa and re-enter.
Thanks for the super fast replay !
I forgot to mention i also hold a Mexican passport (the ESTA will be on my french passport)
does that change anything ?
Hi Josh,
I really appreciate the time you have spent answering all our questions! Mine is a little different, as I’m not re-entering with ESTA, only arriving.
I am planning to enter the US in mid-April with the ESTA. This is purely for travel purposes, I have friends that I am visiting and will be living with in NYC.
I have also just secured a job as a counselor on a summer camp that will run from June 20th until August 10th. Is it possible to leave the country for a couple of days in June and return using the J-1 visa that the camp is providing for me? I assume you can’t just stay in the US and change from an ESTA to a J-1…
If it is possible, and since I’m not attempting both journeys with ESTA, would it be possible to leave and return from a “contiguous territory” like Canada?
I will be leaving for Europe very soon after the summer camp is over.
Thank you so much, again
Mani
Hi Mani, no problem! So you’re correct in assuming that you can’t stay in the country and change over to the J-1 so you would need to leave and re-enter. As long as the intention is for you to only do ESTA things on an ESTA, this shouldn’t be any issue.
As for the contiguous countries, I’m pretty sure you’ll be fine to do that too because lots of people have traditionally gotten visas from Mexico and Canada in the past!
Hey Josh,
God I hope you will see this, but I’m sure you’re very busy.
Basically I’m Swedish and have an ESTA. I’ve traveled and stayed in USA for 90 at a time several times these past 5 years without issues. Always staying away for more than 90 days. But now my step dad is seriously sick and my mom is alone there. I just stayed in USA for 90 days (nov last year to jan this year) but I want to travel back for another 90 days so I can take care of them. Would this be a special case where I could travel back even if it’s only been 1 month since I was there? I will of course travel back to Europe before 90 days are up. They need me now though.
Thank you
Hi Maria! There really isn’t a firm rule about this but if it’s clear why you’re doing it, and you’ve got evidence of your plans to leave etc. I imagine you should be fine.
Hey,
How did it go? Did they let you in the country?
I was in the US for 87 days last year and now (2,5 months later) I want to enter again for 1,5 months and I am wondering if they let me enter.. I might go to Canada in those 1,5 months and travel there, but my flights into the country and out of the country are from NY (since the airline only flies JFK – Berlin)
Hello Josh,
My fiancé and I are currently in Brazil and about to fly to the US. He has a german citizenship and I have both, US and german citizenship. We just bought a van in america and are letting it get converted. Sadly we can’t stay in the US while it’s getting converted since it’s too expensive. So we have to fly from Brazil over America to Mexico since there was no better flight connection. We are staying two days in L.A and are continuing to Ensenada, Mexico after. I’ve read your article and I guess that his ESTA will continue while we stay in Mexico (for about a month in an AirBnB) ? Do you know if we’re allowed to cross borders from Mexico to the US a few times since the conversion company is in Arizona and we want to check on the process a couple of times? Would you recommend us telling the PBC that we bought a van and have to cross borders in order to check on it and pick it up?
Thanks in advance for your reply and thanks for this very helpful article.
Best regards, Paulina
Hi Josh,
Our family friend’s daughter (23) from Germany would like to take a gap year of sorts to travel in the us, and we’ve agreed to house her and take her under our wing. However I can’t figure out if either the ESTA or B2 visa would work for her? It’s possible this isn’t doable at all? She plans to go home to Germany a few times during that year to visit, but would most likely only stay a few weeks and then come back. Would the ESTA work for that?
Hi Josh
Thanks for the article. I’m travelling around the world and wanted to spend close to three months going around the US then spend a few weeks in Canada driving from seattle. If I had to fly through a american airport (wasn’t actually staying) to get to my next destination after canada would this be a issue as I would have been in ‘north america’ for over 90 days?
Also would it be a issue when I arrive in the US if I didn’t have documentation leaving ‘north america’ within the 90 days?
Hi Josh,
I’m expecting my first baby and my mom is coming to help me. She has now the Waiver visa as the embassy is not providing appointments for tourist visa yet due to covid. We would like for her to stay the 90days, leave for few days to mexico or canada and come back to the USA for around 60 days more. There is no plan for her to live here, is just helping taking care of the baby the first few months. We can have proof of this for the immigration agent. In your experience do you think we might have issues if we go to “Contiguous Territories” even though we can proof that she is not working/planning to stay in the USA?
Thank you very much for your help on this matter.
Carola
Hi Josh. My friend is currently visiting the US from Spain and has a flight back to Spain in March 5. He is wanting to visit Guatemala before his departure date. When returning from Guatemala will that reset his US stay for an additional 90 days?
Mexico doesn’t count but Guatemala should!