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 planning to visit usa on 20 July my esta expires on 22 July
Is this ok or does it have to be in date for the whole time that I am there
Hi Josh.
I’m travelling to Barbados from the UK via Portugal and Miami. I plan to do a 5 day stopover in Miami in the first week of September, then on to Barbados to house-sit for 4 months returning to Miami the first week of January, staying for 1 week flying out to Mexico for 3 weeks and returning to Miami for 1 week before returning back to the UK. Will this be ok with ESTA?
Thanks
Derek
Hi Josh,
After I spent 85 days in the US with an ESTA I went back to my country for 5 weeks and on my way back to the US I got stopped at the immigration office, I planned to stay again little less than 90 days (again with an ESTA), I’m trying to buy an existing business and I have relatives in the country where to stay while here and money to show I can easily support myself here but the officer didn’t even give a chance to explain myself and show him anything, he assumed I was trying to live here and “forced” me to buy a flight ticket in front of him to leave in 1 month, telling me I was abusing the ESTA, the alternative would’ve be to get kicked out of the country (as he said).
I’m still planning to begin the process to apply for an E2 Visa but I wanted to know if I really need to leave on the date of the new flight ticket (the one I was forced to purchase), also if I would have problems if I would stay longer and leave with the ticket bought before coming (less than 90 days stay of course) .
Thanks
Dave
Hi Dave, I am in a similar situation, have been to the USA for 82 days and I am planning to go back next month for 7 weeks to finalise and buy the business and then apply for E2 visa, did you get any questions asked on your way back by the immigration ?
Thanks
Azim
My now fiance, we have been traveling back and fourth (Italy to US, vice versa) to Seattle where I live and Rome where she lives. On this occasion she chose ESTA, however now she would like to stay longer (last time she stay for 18 days in January). It’s hard going back and fourth, but is it possible for her to apply for B2 visa while currently in the USA on ESTA? (shes been here less than a month) or would she need to fly back to Rome and then apply for B2?
again, we’re only trying to maximize our days together because traveling to and from is expensive and exhausting…. thank you for your help!
Hey Josh. Great article.
Context: My wife which is American (but lives in Colombia) and is going to the states for a 12 month stay for her MBA studies (from May to May), and me as Colombian-Italian want to visit her as much time as possible. With my ESTA I know there are two restrictions:
i) no stay longer than 90 days
ii) no more than 180 days in a year.
Two questions:
1. Does this “year” should be considered as rolling year (last 12 months), or does it gets refreshed every calendar year? Or is it absolutely subjective? any recommendation?
2. If I show evidence that I work at a colombian company and that I am not planning to stay longer that the permited days but because of my wife living in the states i’m trying to maximize the ESTA, is it ok with them, or is this not good looking?
I was planning on staying about 150 days from May to December, and then around another 150 days from January to December. Colombian Visas and Green Card are both taking to long and her stay is only 12 months.
Any recommendation?
Hey Josh, any comments on this? Will appreciate
Did you get a reply tho this as I am in the same situation.
hi josh
would you be allowed to travel on a ESTA, for 1 month then go straight onto an E3 visa by exiting to one of the neighbouring countries or do we need to exit at all?
I want to travel before i start work in the US, but the E3 says you can only enter 10 days before your employment start date
Thanks!
You would need to leave the country and adjacent countries and re-enter to start on your E3. It shouldn’t be an issue if you have a clear path forward with evidence of leaving and re-entering and you can assure them that you won’t start work.
Hi Josh,
I am a Dane going on exchange to USA this August. My F1 or J1 visa will be supplied through the university, but I would like to go on a long road trip 1,5 month before. With F1 or J1 visas I can only travel to the US 1 month before classes start, so can I enter on a ESTA and stay on my F1/J1 visa or would I have to go to Mexico and re-enter. If I was to go to Mexico, do I have to be concerned with anything when crossing the border? Looking forward to hear from you,
Thanks.
Hi Mads, I would love to see Josh answer to your question as I am in the same kind of situation. I will go on exchange to USA mid of August with my J1 VISA but I would like to go on a road trip 1,5 month before classes start. My intention is to enter on a ESTA, then come back in my home country in Europe and then come back to US mid of August with J1 VISA. Is it something possible ?
This SHOULD be ok Mattheo, I’m not 100% on entry with an ESTA prior to a visa, but the going back to your home country is good and recommended.
My understanding is you would need to travel to re-enter on your appropriate visa (and it can’t be Canada or Mexico) https://americajosh.com/blog/general/what-are-contiguous-territories-and-adjacent-islands-for-us-immigration-and-uscis-requirements/
Thanks so much for replying! I’m not so keen on travelling back to Europe after two weeks, so do you know if it’s okay to enter USA on my visa from Canada? Then I would perhaps go to Canada for two weeks and then enter USA from Canada instead of travelling all the way back to Denmark.
Hi Josh,
Sorry here again, thanks for your response. Well I mean, I’ll probably fly up and back in between.
So I might go for 4 to 6 months first, then go home, then go back for another 4 to 6 months or maybe less… I might even do this a couple of times within a few years.
So in this case do you think they won’t refuse me? I really can’t risk it because I’ll have a huge problem if I get refused.
Thanks
Hi Josh,
This article is helpful! May I ask you the following. I need to be in the US for medical reasons but it might even take longer than 180 days, I can’t say at this moment. It could even take 2 years as it will be a long process where I’ll be going through.
I could go back home after 6 months for a few weeks but I might need to go back to the US again. Do you think it will be a problem if I travel on the same B2 visa the second visit if I have a medical statement from the doctor who is treating me? Or do you think the immigrations will raise their brows?
Thanks!
Hi Renee,
It’s my understanding that you can extend a B1 visa for another 6 months while in the country with the appropriate requests and permissions but if you’ve got all your medical documentation, proof you can pay for things yourself, and a plan to leave right after, you should be fine!
Hi Josh,
My mother is on an esta she has been here since Jan 2022 and we plan to visit family in Europe in April for a week and hoping she can come back with me to stay for another couple months. Her ticket to fly back is only valid till early Jul 2022 anyway.
Do you think she can follow me back to US from the Europe trip till Jul 2022. That should reset her 90days? She will have her return ticket as proof of return.
Thank you.
Hi Uma!
May I ask if your Mom had any trouble with reentry? My Mom’s travel plans are similar: She wants to visit us for about 75 days, then return to Europe for a week, then come back to see us for another 76 days.
Thank you for your help.