After an 87 day stay in the USA, can I return for a long weekend? (ESTA)
I've searched through existing questions, but none seem to mention my specific situation, so I wanted to see if anybody has some experience with the following situation on an ESTA visa.
From March 2nd to May 28th (87 days) this year, I was visiting and staying with family in Charlotte, NC.
I'm hoping to visit Philadelphia around the 4th July for 4-5 days, but wanted to know if anybody could shed some light on whether or not this could pose any issues with US immigration, having only been in the UK for 37 days before returning to the USA?
For additional context, I live and work permanently in the UK. I'm struggling to find any solid information on the time frame which would be deemed acceptable, so would massively appreciate any input.
Best Answer
Note that contrary to the Schengen Area for instance, which has a very well defined rule on how long you can stay over a longer period (the 90/180 rule), the US does not have such a rule.
Travellers using the VWP cannot stay more than 90 days in a row (including travel to adjacent countries and neighbouring islands), and they should not be attempting to live in the US. There are no hard and fast rules on how long you must be away before you can return.
A rule of thumb published by CBP is that if you stayed 3 months, you should be away for 3 months before returning, but this is usually taken in the context of “returning for 3 more months”, or at least a significant duration.
For a short stay (which, as @phoog explained, would be good if it was easy to demonstrate with a return ticket and other evidence), though, this should be fine, especially since there will have been a full month since your last departure.
Be prepared for additional scrutiny, and have as much evidence as possible of your intention (or even need) to depart the US promptly. This is of course much easier if you have a full time job waiting for you rather than being a student on sabbatical or being unemployed.
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How long do you have to leave the US before returning on an ESTA?
Therefore, the length of time of your total stay, including the short trip, must be 90 days or less.What happens if you stay in US over 90 days?
If you change your plans during your trip and plan on staying for more than 90 days, you cannot obtain the needed Visa while in the USA. You will have to return home and only then can you apply for the Visa and travel back to the USA.How many days can you stay in USA with ESTA?
When traveling to the United States with the approved ESTA, you may only stay for up to 90 days at a time and there should be a reasonable amount of time between visits so that the CBP Officer does not think you are trying to live here. There is no set requirement for how long you must wait between visits.Can you use an ESTA more than once?
Your ESTA authorization is generally valid for multiple trips over a period of two years (starting the date that you are approved) or until your passport expires, whichever comes first. As long as you received an ESTA authorization to travel, you do not have to reapply during the validity period.BEING LEGAL IN THE U.S EVEN AFTER YOUR VISA EXPIRES
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