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 question has probably been already addressed somewhere above. Let’s say i use the ESTA from Oct, NOV, DEC 2022…can i re-enter in February 2023? Is time now reset back to 180 days being a new calendar year? I am asking for my daughter, who has no intention to break ANY law, since for her resident permit is processing, but just want to spend as much time is legally allowed AND she has reason to explain her short stay overses before returning, which is her parents being in the US (I am US citizne my wife is alegal resident). Hope the question is clear enough. Thanks.
While there may be a resident permit processing, you can’t “live” in the US on an ESTA. It’s going to come down to explain exactly what’s going on, how she’s supporting herself, and what her plans are. It’s a tough one!
Hello, I have pretty bad anxiety about all this and kind of just need some guidance. I went to see my long distance bf for the first time in July i stayed for 29 days and I’ve come back for a month and I’ll be going again in a few weeks for another month over there. Do you think it’s okay that I went for 1 month came home for 1 month and I’m going out again for 1 month (5weeks) ?
It’s really not about the time in and out, it’s what it looks like and your intention. If you can support yourself and it’s clearly just a short term stay, then you should be fine. But if it looks like you’re trying to live in the US with your partner, you won’t be accepted.
Thank you for your response, but how does one make sure it looks like a short term stay? It is, but I’m confused on how I can prove that?
There’s no perfect, way, it comes down to showing your true intentions. Flights, plans, etc.
Hi Josh,
first of all, thank you for your website – absolutely amazing job!!!!
And please, just a quick question – I have ESTA, just spent 87 days in USA and I plan to go back after 2 months – I will have maybe some issues with the CBP Officer, I know 🙂
But is there a rule, how many days in total I can spend in USA per year? Somewhere I read 180 days max per calendar year, somewhere I read 180 days max during last 365 days….
Thank you very much for your answer!
Thanks, Baru! I’m not 100% sure but I believe it’s 180 day limit per calendar year, yes.
Thanks for the article. I was planning to visit the US and Canada next summer, flying into the US and travelling round for 30 days before crossing the border by car to Canada for just over 30 days. I was then hoping to return to the US for another 60 days before I flew out of the region entirely. Do you think this would this be problematic for an ESTA? I would be in the US and Canada for 4 months, but in the US for under 90 days in total, though not consecutively.
Yeah my understanding is you would have an issue with this because the clock on the 90 keeps running.
Hi Josh,
I’m so glad I found your page.
We are an Australian family of four who want to RV around the US again. We have applied (and paid for!) our B1/B2 visa (which enabled us to travel around the US for a year in 2017/2018) only to be told that the earliest time for an interview would be May 2024!
Our plans were to travel from Jan next year, landing in Canada and spending 3 months there and then crossing over by land border into the USA to RV. Now it looks like the only option is to stay for 90 days and then maybe spend some time in Mexico. I
Do you know if we can enter the USA on the waiver visa overland from Canada and, if we can do that, if that would still form part of our 90 days waiver stay in the US? Essentially we just want to know if we would still have 90 days to explore America if we arrived from Canada.
All help gratefully received.
Hey Kat! My understanding is your 90 days doesn’t start until you enter the US. So yep, you’d be fine. You’d spend some time in Canada, enter the US which starts the clock (which keeps running until you leave US/Canada/Mexico for the purposes of re-entering the US)!
Hi Josh,
I transitted to Mexico through LA which started my 90 day stay on my ESTA. I have been in Mexico for nearly 80 out of the 90 days. From my understanding I have to leave Mexico and go somewhere in Central America to avoid overstaying my US esta as Mexico counts towards those 90 days?
Im hoping you can confirm this is correct or not
Thanks
Hi Mia, only if you plan on returning to the US is my understanding.
I’m a little confused by the whole ETA and ESTA situation that information is no longer going in.
I have an ETA for Canada. From what I can see I’m able to stay there as a tourist for up to six months. I want to go to the US but B2 appointments are booked out for up to 300 days in my country (same for Canada). I can see there are appointments available in 7 days at the NY embassy.
Does this mean as soon as I enter the US, I will have three months until I have to leave North America? Is it better to apply for a B2 from another country and wait until it’s approved to then visit the US? I want to do both countries but I don’t want to screw myself over and not be able to visit the US
Hey Nik, sorry what do you mean the NY embassy? There’s no US embassy in the US? As I understand the eTA will get you into Canada and an ESTA should get you into the US. You don’t need a visa (B2) but that would make life easier if you plan to enter and exit more than once.
Thanks for the fascinating article. If I have a tourist visa, which is valid for 6 months, and in addition I have an Esta, can I enter with the Esta after I was previously come to us only with a tourist visa, and it is still valid.
Thank you very much
Yes you should enter on the visa, not an ESTA. There’s no benefit to the ESTA if you have a valid visa.
Hey Josh. Great article.
If I came to the sates for 2 months (June and July), then went back to south America for two months (Aug and Sept), came back to the US 2 months (Oct and Nov), back to South America for other 2 months (Dec and Jan), will it be ok for me to come back to the states for other 3 months?
in a rolling period of 12 months I will be staying for more than 180 days (about 200), but in any calendar year (2022 or 2023) i will be exceeding the 180 days.
is this ok or does it looks suspicous? I have proof that I work outside the US, and my wife is in the US studying and will finish after those last three months that I will be visiting
Hi Giorgio, I think I would recommend looking into getting a B1/B2 visa to make this easier on yourself as that third trip especially might start to raise red flags. It’s not a yes or no, but you might have to jump through some extra hoops to do so.
Hi Josh, Firstly, thank you for helping everyone on this forum.
I am in the process of buying a business in USA, I have visited on ESTA for 28 days in Jan and 81 days from May – Aug this year, I am planning to visit in November for 7-8 weeks to buy the business and I have relevant sums to show in my bank, Also I have few properties in the UK and my family will be living in the UK while I am in the states during my next visit, once I have bought the business I will be applying for the E2 visa and plan to live in USA with family for couple of years to see how it goes, do you think I would have a problem with the immigration for my next visit and if I get denied entry will it affect my application for E2 visa which I am planning to apply early next year.
Thanks
Azim
Hi Josh . I was stupid I went to Mexico from Los Angeles on b1 and came back 5 days later on B2, so the officer gave me hard time but eventually they permitted me 1 month stay on B2 . (06/26/2022–07/25/2022) my concern is : Do I have to go back to my home country? And if so , after how long could I come back to US again ? However it is really difficult now to get a ticket to China with a month due to the shortage flight schedule, so in this situation,can I go to other countries like Serbia in Europe ? And after say one month stay there will I get hard time to re enter US again ? Or, can I extend my B2 now ? I know I put myself in a very stupid situation and time is ticking . I do need your professional help and am so looking forward to your replying !