ESTA reentry to USA after very brief initial stay in NYC. (2 weeks NYC, 2 months Canada, 2 months USA)
I have booked a flight to NYC in February, where I am due to spend 2 weeks. After this, I intend to get the bus from NYC to Toronto and from there spend 2 months travelling in Canada, before returning to the USA for 2 months to travel down the West Coast.
When I booked my flights, I was unaware of the ESTA complications. I'm now aware it would have been wiser to start in Canada, not New York, but unfortunately, I cannot change my tickets.
Would the 90-day 'clock' start ticking as soon as I enter New York and continue to do so even in Canada? Or could the ESTA be frozen or even reset, seeing as I'm only spending two weeks in USA and 2 months in Canada?
Would it be more sensible to fly from NYC to Toronto (so it's clearer I'll be out of the USA after 2 weeks?
Best Answer
The ESTA is an authorization to fly, or sail, into the US. It is not the framework that regulates your entry and stay in the US. That is the Visa Waiver Program. An ESTA is valid for two years, usually, or as long as your passport is valid, if the validity is shorter than two years. People driving/walking into the US don't need an ESTA.
There is no such thing as an "ESTA complication". It's the VWP 90-day rule that prevents people from doing visa runs that seems to be the complication... As mentioned in the comments, Does the 90 days VWP rule expire if you travel from the US to Canada? answers your question. Going to Canada, which isn't your place of residence, will not reset the VWP clock, whether your drive or fly. Your overall stay USA+Canada+USA will be on one 90-day visa waiver.
As you said yourself, you should start with Canada, then go to the US. As it is now, your planning will make you overstay. You should either change the plans, or apply for a B2 visa.
Pictures about "ESTA reentry to USA after very brief initial stay in NYC. (2 weeks NYC, 2 months Canada, 2 months USA)"
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.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 stay more than 90 days with ESTA?
If you plan to stay longer than 90 days, you must obtain a visa at the nearest U.S. Embassy or Consulate. If you obtain a new passport or change your name, gender or country of citizenship, you will be required to apply for a new travel authorization.How long can you stay in America on an ESTA?
ESTA authorization lasts for two years, unless your passport expires sooner. Importantly \u2013 this does not mean you can stay in the US for two years. There is a difference between the period of stay and ESTA validity. ESTA permits visits of up to 90 days.What is a Visa Overstay? Consequences and Solutions to Over staying a Visa
Sources: Stack Exchange - This article follows the attribution requirements of Stack Exchange and is licensed under CC BY-SA 3.0.
Images: Ryutaro Tsukata, Dustin Demmerle, Alex Azabache, Pixabay