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, My wife is travelling to the US (from Australia) on a F1 visa, I currently have an interview for an F2 visa, but not until 6 months after she starts her study. My current thought is to travel on an ESTA for 3 months and then return to Australia and await my F2 appointment date (and hopefully obtain an earlier appointment in the meantime). If I apply for an ESTA, will that cancel out my F2 application / appointment?
Thanks
Wayne
My girl is British and I am a TPS holder. We plan to live in the states. I do not think that she can stay in America and I can not give her TPS ability. What shall we do?
Hi Josh!
My mom came and stayed with us on a B-2 visa for 6 months. I am a green card holder and my husband is a citizen. She left US on March 28th this year. Can she come back on June 6th for at least 3 months or does she have to wait 6 months and come back end of September?
many thanks!
Hi VV, Did your Mom manage to go back and visit you or were there any issues?
Hi Josh!
Thanks a lot for your work!! I’m a bit preoccupied because I have a Luxemburg passeport and I travelled to the US in October 2021 under the ESTA program. I stayed only 22 days, and then I went straight to Mexico because I was renting a house there. I did not come back to Europe until March 15th 2022. Now I’m in Mexico again and want to travel again to the US, from Mexico, for 16 days only in June. Does this mean I overstayed my ESTA even if I didn’t come back to the US after my stay in Mexico? Or did the fact I did came back to Europe in march helps to be able to travel back to the US? I’m very confused by all this, because overall I only stayed 3 weeks in total in the US and only want to do a short trip for 15 days in June.
Hi Josh!
Thanks a lot for your work!! I’m a bit preoccupied because I have a Luxemburg passeport and I travelled to the US in October 2021 under the ESTA program. I stayed only 22 days, and then I went straight to Mexico because I was renting a house there. I did not come back to Europe until March 15th 2022. Now I’m in Mexico again and want to travel again to the US, from Mexico, for 16 days only in June. Does this mean I overstayed my ESTA even if I didn’t come back to the US after my stay in Mexico? Or did the fact I did came back to Europe in march helps to be able to travel back to the US? I’m very confused by all this, because overall I only stayed 3 weeks in total in the US and only want to do a short trip for 15 days in June.
Hi Josh!
First of all thank you very much for posting this, it was very insightful. My parents live in Hungary and my mom would like to come visit and stay with us (my wife, our newborn and I) for a couple months on ESTA. She hasn’t been here since 2015. She wants to come back a few times to stay as much as she can so she can spend time with her first grandchild and at the same make my wife and I’s life easier while we have to return to work from paternity leave. Do you think this would be an issue with immigration as she isn’t coming for tourism, and do you think they would perceive it as she wants to stay here because her son and grandchild is living here? She is planning on coming around Christmas with my dad and brother but only she would stay about 70-80 days or so, my brother and dad will only stay for 2 weeks max. Then my mom would go back to Hungary and stay 2-3 months and return again to us.
Hi,
My gf is currently visiting me from Finland on an ESTA. She’ll be here for about 75 days before leaving back to her country. She plans on coming back to visit me as soon as possible. You think she’ll have any issues if she returns within a month or 2 just to visit again? Any general advice on how she can eventually move here?
Hi Alex, so you need to be really careful because the hint at trying to move (when entering on an ESTA) is grounds to reject them all together. I think if she stayed 75 and then came back within a month, she’d have some issues. If she went home for 2 months she might be alright, but it really is very subjective and she has to prove she has no intention to overstay and no migrant intent.
Hello Josh,
My husband and I are Canadian and went to Boston November 11 and stayed until our son’s university grad in May. We did not overstay the 180 days. We went for six months to watch him play hockey. We must stay home for six months, taking us to November. We just went to Vegas for four days, and the customs officer said she would allow us the four days, knowing we had been gone for six months. Now because of the four days in Vegas, can we go back in November, or is it January now that we can return to the USA? We do not plan on staying for six months again. They will be short trips with a maximum one week stays.
Hi Josh
My mother (UK passport) is visiting relatives in the USA, she is 71yo and will be there for around 83 days. She might want to extend her stay for another couple of months, but she is not in the best shape to travel back to the UK and back to the USA again. What is the best way to extend her stay without adding any travel or the least amount of travel.
Hi Ahmed, what visa is she visiting on?
Hi Josh,
I have just spent 2.5 months in the USA on an ESTA. I am interested in now applying for a B2 visa, so I can return for a longer visit. Is there any issues in applying for the B2 visa after being on an ESTA?
I would have proof of funds to sustain the trip, a return ticket, documents to show that I have ties to my home country and will return at the end of the trip to my home country.
Also is there any issues for applying for the B2 visa in not my home country (as there are absurdly long wait times at the moment).
Thanks
Hi Kelly, there should be no issue as long as you apply from outside the US with a clear plan.
Hi Josh,
I was in the USA last year from July 21 > Feb 22 on a B1/2 Travel Visa. I extended on shore, and left within the times that was granted to me (we were going on a cruise hence the extension). I have been home (Australia) since Feb, however want to return for a friends wedding for 2 weeks in June this year. Do I need to reapply, or alternatively take out an ETSA visa or anything on those terms to be able to go back in?