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, me and my husband came out on 1 dec 22 to USA from uk. Couple of days ago we received an email saying we hope your enjoyed your trip your 90 days are up!!!! But we came in on a B2 visa which allows 180 days-border control made an error with our entry 😞 what can we do?? We are here to help my son and daughter in law with newly born twins-now we have to leave when they really need our assistance. Please advise
Hi Josh,
Thank you for this very helpful article!
Do you know if it’s possible to enter the USA from South/Central America as a UK/EU citizen with an approved ESTA?
So if we start our travels in South/Central America then fly from there into the USA and have a flight home to the UK/EU from USA within 90 days. Or do we have to enter the USA from the country where we applied for our ESTA?
Many thanks,
You can enter the US from anywhere with a valid ESTA
Hi Josh,
Really helpful your post, thanks.
My girlfriend is ‘moving’ for a year to NY, she’s gonna be working as an intern.
We would like to be there together, she’s gonna rent an apartment by her name and I think that the only option available for me is the ESTA visa, isn’t it?
What can I do to stay the maximum time with her in NY?
How ‘suspicious’ would be to come back 3 times in a year (with a 15 days out of the US between ESTA’s)?
There’s any possibility of applying for a 1-year visa?
I also have a non-resident LLC opened by my name in the US, in case that could help or means something…
Please help me with this because I’m still lost,
Many Thanks Josh,
Juan.
Hi! Thank you so much for helping everyone with this article!
I was wondering, I live in Mexico, I have a French passport and a mexican passport.
I was planning on visiting the US for the first time using my french passport and ESTA, I want to stay for 3 weeks, and then return after 1 or 2 months, for another 4 week stay. I also want to come back to the US again after that. But since I live in Mexico I don’t know if I’m able to do that. Do I have to go somewhere else other than mexico to renew my 90 days as it does not count as leaving the country? Because coming back home for me would be MX.
I was wondering if I would need to travel somewhere else for a month before being able to come back to mexico or the US?
I’m a little confused and unsure about what I can or can’t do. Or if just proving the duration of my stay and the return plane ticket are enough for me to visit a couple times.
Thank you in advance, for helping us and for being so nice! Thanks Josh 🙂
Hi Josh.
We live in Australia and my daughter went to USA last year on ESTA in September for 4 weeks and has been given the opportunity to go back and travel the show circuit. (horses). Can she return on the same ESTA or do we need to reapply? I’m finding it really hard to understand all the requirements so thank you so much for any help you can offer me 🙂
Check the validity here: https://esta.cbp.dhs.gov/
You’ll find out if it’s still valid, and then you can re-enter on that. That being said, I can’t speak to the validity of using that ESTA to do that. But if you’ve approved that, and your ESTA is still good, you’re good to go!
Hello Josh!
My daughters are Japanese and they traveled to the US on December 1st, they stayed for 9 days and then they traveled to Guatemala and they will stay for three months.
On March 7th they will come back to Japan but they will stop first in the US for two days! Do you think they can enter to the US and reset their 90 days??? I’m wondering because Guatemala is next to Mexico.
Hi Josh!
Very helpful article…
My friend was in the US last July for a long vacation and stayed there for 90days. Now she plan to return for New Year in the US after 78 days. She will be staying there for three weeks in the US. Can you help if this will have some issues? She just wanted to spend New Year with her friends and do some shopping before going back to her home country.
Thank you Josh!
Hi Josh,
I was wondering if I can visit 2 countries outside of the US back to back. For example, could I spend 60-75 days in Kenya, then go to South Africa to 60-75 days without returning to the US? I want to work from home abroad and I want to travel around Africa without having to go through the hassle of a long return flight.
Hi Aaron, sorry what visa/status are you on?
Hi Josh,
thank you for a helpful article.
Just by any chance, would you know, if Belize counts for an ESTA renewal or is it still considered as associated territory?
Check the link!
Hello,
I’m an exchange student in canada for a semester on ETA, I transited through the US with an ESTA while traveling to canada. Therefore my 90 days period started counting in september. I would like to visit the US in december/january and stay for 15 days then come back to canada for a couple of days and travel back home to Spain with a transit in the US.
Should I renew my ESTA as the 90 days have been crossed however the validity is for two years.
I would really appreciate your help.
Thank you
I have the same problem! I am wondering do the days just not resent during my time in Canada, meaning they would be on hold basically or do the actually keep going, which would mean I would not be able to get into the US again after 90 days (even though I was in Canada the whole time)?