3

I am currently visiting Hawaii for an extended period, and will be flying to Australia for a week during my stay in the US. Here's my itinerary:

  • Day 0: Enter US
  • Day 45: Fly to Australia
  • Day 52: Re-enter the US

How many days am I able to stay once returning to the US if the 90-day counter is not reset? Would it be an additional 45 days (i.e. first 45 days + second 45 days --> 90 days in total, not including Australia trip), or an additional 38 days (i.e. first 45 days + 7 days out of the country + 38 days --> 90 days in total)?

Note: This is not a visa run trip, I don't need the 90-day counter to be reset, but I wanted to check if the 90 day period can be divided as per the itinerary described above.

7

Because you are travelling to a country outside Canada, Mexico and the Caribbean, the clock does reset for you. When you arrive you will be given admission under a new visa waiver, which will get you another 90 days of stay in the US.

(If you were arriving from Canada, Mexico or the Caribbean you would by default be readmitted under the same waiver, which would compel you to leave before 90 days after your first admission. It's not clear if there is an option to do this when arriving from elsewhere, but there is no real reason to take that option anyway.)

Two close visits under VWP run the risk of the border officer thinking you might be trying to game the system, but the risk is very slight in your case, presuming you can provide evidence that you will leave the US, and especially if your total time in the US is less than 90 days.

  • What do you mean by "get another Visa Waiver?" Do you mean apply for an ESTA again? I'm not really aware of a mechanism by which you can choose to get another one or keep using the same one at the port of entry. – Zach Lipton Aug 3 '17 at 2:57
  • @ZachLipton the visa requirement is waived anew every time a traveler reenters the US, unless after visiting adjacent territory the traveler is admitted for the balance of the original period of admission. Hence "another visa waiver." – phoog Aug 3 '17 at 3:00
  • 3
    @phoog Right, but how would you "choose" to get another one or not? If you go to Australia and re-enter the US, nobody is going to ask you to make that choice AFAIK. You just show up and get another 90-day admission, assuming they let you back in. – Zach Lipton Aug 3 '17 at 3:02
  • "You may also choose to use the same visa waiver" Not really, if leaving the WHTI area your previous entry is forfeit – Crazydre Aug 3 '17 at 15:35
  • Back in the old days you could present your little bit of green cardboard and use the same waiver. I did assume there was an equivalent process in these electronic days. – DJClayworth Aug 3 '17 at 15:53

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.