Can I travel on the same ESTA?

I overstayed my ESTA for about 51 days when I went to the US. When I checked my ESTA status online it says approved. Can I travel back to the US on the same ESTA, or do I have to apply for a new one?
Best Answer
If you read the answer to the first question in the Updating your ESTA section of the CBP's ESTA FAQ you'll see that a new ESTA application is required if your answer to any of the Yes/No questions in the ESTA application changes. Since one of those Yes/No questions asks whether you have overstayed on a previous admission to the US you'll need to make a new ESTA application to update that answer.
Unfortunately, if you do submit a new ESTA application that includes a "Yes" answer to that question it is highly likely that the application will not be approved. Similarly, if you travel again on you existing ESTA you will probably be refused entry. This is because the enabling legislation for the Visa Waiver Program, at 8 USC 1187(a)(7), makes one forever ineligible to enter under the VWP if the alien has violated the conditions of a previous VWP admission, which you have apparently done. They have little or no discretion to waive this ineligibility so you will likely require a visa for future US travel.
You might want to wait a while before applying for a visa. While a 51 day overstay won't result in a mandatory admissibility ban it will make them uncomfortable about the likelihood of you complying with the conditions of future admissions. The further in the past the indiscretion is, the less discomfort they are likely to feel.
Pictures about "Can I travel on the same ESTA?"



Can you use the same ESTA multiple times?
There is no limit on the number of times you may enter the U.S. under either ESTA of a visa. However, if reentering the U.S. using ESTA soon after staying for nearly 90 days, you can expect to be questioned in detail by the immigration officer about the purpose of your visit.Do I need to update ESTA for each trip?
There is no need whatsoever to update your ESTA each time you go to the USA within the two year period it lasts for. It even says this on the application form. The address of your new accommodation will be collected in the Advance Passenger Information everyone has to supply to the airline before travel to the USA.Can I leave and reenter the US on ESTA?
Minimum waiting period between two trips to the USA with an ESTA. Travellers are not allowed to leave the United States for a short while and then come back solely to refresh the 90-day validity period. Even so, there is no official minimum required waiting period between two trips to the USA with an ESTA.Can I apply for 2 ESTA?
You may apply for ESTA as many times as necessary, although you may have to pay the fee each time.What is the experience of traveling on an ESTA?
More answers regarding can I travel on the same ESTA?
Answer 2
It's important to note that even though an ESTA is valid, it only makes you eligible to board an aircraft to the United States - it is not any sort of entry clearance and does not guarantee you entry into the United States.
In your case, the ESTA will allow you to fly to the US but you may be refused entry by an Immigration Official on the basis of your overstay.
In the same way that a valid visa does not guarantee admission to the United States, an approved ESTA is not a guarantee of admission to the United States.
https://esta.cbp.dhs.gov/esta/application.html?execution=e1s1
If you are in any doubt at all regarding your eligibility for entry, you should apply for a visa before travel - the US Customs and Border Protection do warn that a valid visa is not a guarantee of entry into the US, but at least you would know if it's likely to be an issue if they deny you a visa.
Sources: Stack Exchange - This article follows the attribution requirements of Stack Exchange and is licensed under CC BY-SA 3.0.
Images: George Becker, Leah Kelley, Rachel Claire, Jens Mahnke