Flying to UK to reset 90-day rule for USA's Visa Waiver Program? [duplicate]

Flying to UK to reset 90-day rule for USA's Visa Waiver Program? [duplicate] - Tower Bridge Photograph

I have an Australian passport and will be visiting the US as a tourist. Under the VWP, I know I'm allowed to stay in the US for 90 days maximum. My dates are 5 November 2014 to 2 February 2015.

I would like to stay on for just another two weeks until 16 February 2015.

I understand that going to Canada and Mexico and then coming back to the US doesn't give me another 90-days, but what if I go to London for let's say a week instead and then re-enter the US, will that give me a new 90-day period?

I am not trying to do a visa run, but really want to extend my stay for two more weeks before I DEFINITELY leave the US on 16 February.



Best Answer

"I am not trying to do a visa run"
What you're trying to do is exactly a visa run, you're leaving and reentering the country with the sole intent of bypassing the limits on your visa.

Why would US immigration believe that you left the country for another reason than to get out from under the 90 day restriction on your visa, or that you aren't planning to stay longer than the 2 weeks you claim?
I know that if I were that immigration officer I'd NOT believe you, deny you entry, and send you packing on the next flight back to London (because that's where you arrived from).




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Can you travel on the same ESTA twice?

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.

How do I reset my ESTA 90 days?

Where must you travel to in order to before returning on an ESTA to get a new 90 days? You must leave the whole North American region completely to reset this. You can't just pop to Canada or Mexico to try and reset the 90-day counter.

Is the UK part of the US Visa Waiver Program?

The ESTA allows citizens of Great Britain to visit the U.S. for tourism, business, transit, medical and short study purposes without a visa for up to 90 days per visit. Great Britain was added to the Visa Waiver Programme in 1988.

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.



STAY IN EUROPE FOR MORE THAN 90 DAYS… JUST DO THIS! Schengen area and the 90 day rule for Van Life.




More answers regarding flying to UK to reset 90-day rule for USA's Visa Waiver Program? [duplicate]

Answer 2

I've heard of others managing this, and it really can come down to the immigration officer, their questions and their belief of the answers you give to said questions.

You're going to want to provide documentation and lots of it. Proof of flight out of the US in two week's time. Proof of your job back home (or study) that you're returning to. Proof of accommodation for only those two weeks. You get the idea. Basically you have to be able to assuage the immigration officer's doubts that you're not just sneaking around the system to stay, and perhaps say, work an under the table job.

So yes, it's possible, but what you're trying to do is and will be viewed as a visa run, and allowing of you back into the States this time (and future times if you get rejected!) will rest on the immigration officer at the time.

Note that if you really want to stay more than 90 days, you could apply for a regular tourist visa, rather than going through the ESTA/VWP system. (see the Australian page for visa applications)

Sources: Stack Exchange - This article follows the attribution requirements of Stack Exchange and is licensed under CC BY-SA 3.0.

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