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I have an ESTA which is going to expire soon. While using my ESTA I went 5 times to the USA in 2023 and 2024.
In 2023, I went for 3 weeks and 2 weeks and in 2024 I went for one month, 88 days, and I am again here for the last month.

I would like to know if the new ESTA I am going to apply for can be refused because of coming often to the USA?

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    Just to check - you have been in the US three times in 2024? Once for a month, once for 88 days and once for a month which is still ongoing? How long do you intend to stay this time? What is your reason for being in the US this long?
    – DJClayworth
    Commented Aug 5 at 20:52
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    When are you next planning to enter the US?
    – phoog
    Commented Aug 5 at 21:06
  • Related question travel.stackexchange.com/questions/10446/…
    – Traveller
    Commented Aug 5 at 21:35
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    I ask when you're next planning to enter the US because it's not clear from the question that you understand that you do not need to maintain a valid ESTA to remain in the US. ESTA needs to be valid only at the moment of entry. If you're planning to apply before you leave the US, reconsider that plan. If I were you I would apply just before buying the tickets for the next trip to the US. In any event, ESTA is unlikely to be refused because of your travel history in the US; amore likely worry is for the immigration officer to refuse admission at the border.
    – phoog
    Commented Aug 6 at 7:42

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Your 2023 visits are absolutely normal and nothing to be concerned about. Your 2024 visits run the risk of causing you problems. However they are unlikely to refuse an ESTA renewal because of them. You don't need a valid ESTA to remain in the US, only to enter the US.

You need to realize that having a valid ESTA does not guarantee you will get into the US. ESTA is just permission to get on a plane to the US (or otherwise approach the border). The rules about entering the US and staying there are governed by the Visa Waiver Program (VWP). You should read the rules and restrictions about visa free entry there.

The main one that concerns you is that you mustn't use the VWP to live in the US by making repeated short visits. You have stayed in the US for about 150 of the 220 days in the year so far. This means you should probably stay out of the US for a good long time after this visit - especially if you use all of your allowed 90 days time this visit. That would put you at around 210 days out of 280, far more than is normally expected. It's not a rule, but a good guideline is that you should stay out of the US for at least as long as you have been in it.

If border guards think you are spending too much time in the US when you next try to enter they will deny you entry and send you home.

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    To be clear, that means that you can get the ESTA, and still be refused entry at the border (and sent back on the next plane, with your ESTA invalidated and no longer eligible for ESTA) because they feel you are not just a visitor and suspect your are trying to live or work in the US.
    – jcaron
    Commented Aug 5 at 21:37
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    @jcaron: "and no longer eligible for ESTA" Where does it say that denial of entry on VWP means they are no longer eligible for ESTA?
    – user102008
    Commented Aug 6 at 0:14
  • @user102008 multiple places state this. See the 3rd FAQ from the US embassy in the UK: uk.usembassy.gov/visas/non-immigrant-visa-faqs/esta
    – mkennedy
    Commented Aug 6 at 16:38
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    @mkennedy This does not seem to be the case, the question is about being denied an ESTA, not being denied entry.
    – Relaxed
    Commented Aug 6 at 17:25
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    @jcaron the existence of that question does not necessary mean that a "yes" answer will result in automatic refusal of the ESTA, however. Since it isn't a statutory ground of ineligibility, I rather suspect that it would route the application into the queue for manual adjudication. If the prior denial of admission was for some innocuous reason, the ESTA would likely be granted.
    – phoog
    Commented Aug 7 at 10:15

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