We noticed that you're using an unsupported browser. The TripAdvisor website may not display properly.We support the following browsers:
Windows: Internet Explorer, Mozilla Firefox, Google Chrome. Mac: Safari.

USA ESTA validity

Level Contributor
7 posts
5 reviews
USA ESTA validity

I was in the USA for about 85 days. I then spent a month and a half in mexico. Im flying home to the UK for a week, then Im thinking of going back to the USA for a week to visit friends I met on my travels. Ill have proof of funds and an out going flight. do you think this will be a problem, since I was there recently?

27 replies to this topic
UK
Level Contributor
2,715 posts
15 reviews
1. Re: USA ESTA validity

Your problem is that you spent more than 90 days in North America after arriving in the USA, this is a violation of the terms of your ESTA. You should contact your nearest US Embassy/Consulate for advice.

San Francisco...
Destination Expert
for San Francisco
Level Contributor
58,613 posts
149 reviews
2. Re: USA ESTA validity

yup exactly what Steve says. Each trip to the US on ESTA is valid for 90 days which includes time spent in bordering countries and a few more so this is a violation and it is best to check with the authorities not a bunch of well-meaning strangers on this or any other internet forum

https:/…visa-waiver-program.html

read the part about travel to Mexico please

Edited: 18 October 2017, 15:25
Bingley, United...
Destination Expert
for Edinburgh
Level Contributor
34,887 posts
3. Re: USA ESTA validity

Esta isn't your problem as that's merely permission to travel not to allow entry to the USA.

The Visa Waiver Program under which you entered the USA requires you to leave the USA and surrounding territories within 90 days of entry.

You didn't. So there's an excellent chance of you being marked as an overstayer and subject to a ban from the USA.

San Francisco...
Destination Expert
for San Francisco
Level Contributor
58,613 posts
149 reviews
4. Re: USA ESTA validity

SO what the PP says is the rule and I don't question that but how is this exactly checked? Do we know of a personal experience from regulars who have been asked about this upon a return visit?

An ESTA visitor can come into the US, stay for 30 days fly to Mexico stay for 10 more and go by land or sea outside the ESTA "zone'. how would the US track that?

The next time the visitor comes into the US the traveler can use a kiosk and a quick check from an agent who asks the same questions most of the time. now where is this trigger to check to see how the passenger left the zone within 90 days last time

Again I am not suggesting people break the rule of law. I am wondering if anyone has been tracked and if so how?

I do get it that if the OP comes back into the US from Mexico as he describes, then he will get into trouble

Seattle, Washington
Level Contributor
2,411 posts
4 reviews
5. Re: USA ESTA validity

I was wondering the same thing. There is no way to know and in my opinion this rule is mostly for people who just want to reset the clock.

Edited: 18 October 2017, 16:12
Level Contributor
7 posts
5 reviews
6. Re: USA ESTA validity

I won't he coming back to the USA from Mexico. Im in Mexico now, but I'm flying to England, and then will fly back to the USA. I was in the USA for 85 days, then entered mexico, was granted a visa for Mexico. If I went straight back to the USA its a probelem. but they cant say I overstayed my USA time for the time spent on my visa in a different country?

Level Contributor
7 posts
5 reviews
7. Re: USA ESTA validity

I read the part about mexico and think I have it right. my time in mexico doesn't count as an overstay, because I left the USA. Im out of the USA for a month, and If I return now, having been to England, its not a problem?

San Francisco...
Destination Expert
for San Francisco
Level Contributor
58,613 posts
149 reviews
8. Re: USA ESTA validity

Are you arguing with us OP or justifying what you did? What do you mean they cannot say? You asked us what the policy was and we told you our understanding of the policies and gave you a link to a US State Dept page. As part of the rules with ESTA, our understanding based on reading the rules is that you broke the ESTA 90 day rule.

If you have issues take them up with the US CBP. The airline won't stop you from coming to the US. An agent if he has the info could. Now how he/she gets that info is a mystery to me

As far as your interpretation of the ESTA rule -- You seem to be reading it differently that what we do

----- Excerpt --

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. See the CBP website. Citizens of VWP countries* who reside in Mexico, Canada, or a nearby island are generally exempted from the requirement to show onward travel to another country* when entering the United States. Learn more on the CBP website.

Edited: 18 October 2017, 16:23
Level Contributor
7 posts
5 reviews
9. Re: USA ESTA validity

I wondered if you misunderstood me.the page for the esta says you cant enter the usa, and re enter from Mexico to re-set your time. that the time comew out of your original esta. since I came to Mexico, and left, never returning to the USA, my esta expired independently, without me being there.

Level Contributor
7 posts
5 reviews
10. Re: USA ESTA validity

Im not taking a short trip, I left the us to mexico, then returned to europe. without ever going back to the USA. am I failing to understand something?

Reply to: USA ESTA validity
Get notified by e-mail when a reply is posted