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!
Hey Josh, thank you so much for the helpful article! I just returned back to Germany from a 9-day trip to the US visiting my boyfriend (US-citizen). I am planning to fly back to the US for another 18 days in three weeks. I initially planned on doing one longer trip, but had to turn it into two shorter stays because of my obligations at home (school/work). I am doing my masters, working part-time and renting an apartment in Germany and I am planning on bringing proof of that for the next trip. I am still worried that the short time inbetween the two trips might cause some issues, especially because I am traveling to visit my boyfriend. Thanks so much in advance!
Hello I am a US citizen and I met my girlfriend here in the US while she was here on a vacation visa for 90 days from the Netherlands well she decided she would like to come stay with me in the USA permanently and we can an will get married she just left this week went back to the Netherlands after her 90 days was up how long before she can return and what would be best approach to get her back here legally on fiancee visa thank you
Hi!
Your list of which countries to visit to reset isn’t at all clear. You mention Contiguous and Adjacent areas. Is there a difference? Or are all of these countries not valid to reset the esta?
You just name them, but it’s unclear to me which are actually okay to travel to.
Thank you!
Adjusted!
Hi Josh,
I am currently waiting for my b2 interview, is it ok to enter the us with my esta for between 60-90 days before coming back home to do my interview and then re entering back around 2 months after my last visit?
Also if you are declined a b2 visa can you still enter under the esta? Thanks
Hi Josh. Prior to my student exchange in Canada that begins on 1 September, I visited the US for a holiday before heading to Canada. I understand that going to Canada counts in the 90-days period. I will be visiting US again for a short road trip a few days after the end of my 90 days period and i wanted to check if I can re-enter using my existing ESTA which expires in 2024?
Hello Josh,
I’m a Swedish student and I visited my girlfriend in the US for 27 days in August on an ESTA. I plan on visiting her again for 74 days on October 25th because I have some time off from university this semester. I will have been out of the US for 53 days. I’m anxious so this time I will have records for the flight itinerary, proof of residence in Sweden, student records, travel insurance, and financial statements showing that I can support myself for my time in the US. Will I be okay?
Kind regards,
David
Hi Josh!! I really appreciate your time answering all these questions. I’m currently on a J-1 visa, but planning to move to Mexico for six months or so before travelling back to Aus. I will move here before my J-1 has expired.
I don’t have any immediate plans to re-enter the U.S, but if I do, will I have any issues with getting a ESTA down the track?
Hello Josh!
Hope you are well! I have a question: I will go study as an exchange student in Mexico from the Netherlands, and I will enter through the US with an ESTA. Do I need to go to Central America before returning home through the US? Because living in Mexico doesn’t really restart my 90 days with ESTA, does it?
No if you have a legitimate reason that you are there, you should be fine. It’s not 1:1 – it all comes down to the reason.
Hello Josh,
I am an Italian citizen living and working in The Netherlands. I am taking a sabbatical and am planning to come to the USA with an ESTA this December. Mid/end of Feb, I will go to Costa Rica or Panama for ~2 weeks. Afterwards I would like to come back to the USA until end of May. I will have proof available for my return flight to The Netherlands, my registration in The Netherlands, my work contract with proof of sabbatical, bank accounts etc. I need to be back in The Netherlands by end of May.
Do you think this is okay?
Hi Nadia! It’s tough to know for sure. The default would be yes, that should be fine.
Hi Josh,
My son is palying ice hockey in USA, he arrived in August for a training camp, tryout etc. He was sucessfull, and one team offered hi contract (junior league – non profi).
Our problem is that he arrived on ESTA, but now club want him to stay whole seasson. What is your recommendation? is there any chance to manage P- visa, with no need to fly back home ?
Thanks, Matus
Hi Matus,
You will definitely need to leave the country, unfortunately. You can’t transfer.