Transiting through America then returning by boat [closed]

I'm going to be transiting through America (not leaving the airport) and heading to Guadeloupe in December, then sailing on a friend's boat and will be back in the US in January and flying off from there in March.

Do I need to apply for a transit ESTA and then a tourist one at a later date or can I get a 90 day one and use it for both? Also, as a passenger on a boat, do you know if I need any other paperwork?

visas usa sailing

Best Answer

In addition to the question of whether you qualify for ESTA in the first place, the answer depends on the timing. If you do, and you will reenter and leave the US within 90 days of your first entry, you should be okay. Otherwise, you need a tourist visa; a second ESTA will not help.

First you should be certain that you qualify for the visa waiver program. As of this writing, there are 38 countries whose citizens can qualify, but there are other requirements as well.

There's no such thing as a "transit" or "tourist" ESTA. It is indeed necessary to indicate the purpose of your trip when you apply, but once it is granted you can use the same ESTA for subsequent trips even if the purpose of the trip is different.

ESTA is valid for two years unless your passport expires sooner, in which case it is valid until your passport expires. The 90-day period you're thinking of refers to the period of admission one is granted under the visa waiver program (VWP) after traveling to the US with a valid ESTA.

If you travel to the Caribbean (or to Mexico or Canada), you will generally be readmitted for the remainder of your initial 90-day period if it has not expired. In this case, the requirement to enter by "signatory carrier" is waived. Note that in this case, you will also need to leave the US before 90 days after your initial entry:

(b) Readmission after departure to contiguous territory or adjacent island . An alien admitted to the United States under this part may be readmitted to the United States after a departure to foreign contiguous territory or adjacent island for the balance of his or her original Visa Waiver Pilot Program admission period if he or she is otherwise admissible and meets all the conditions of this part with the exception of arrival on a signatory carrier.

If you are entering the US by private boat, you generally cannot use the VWP unless the previous exception applies, so you will need a visa if your second entry is more than 90 days after your first:

I am entering the United States on a private yacht; do I qualify for visa free travel?

No. If you are entering the U.S. on a private yacht, you will require a visa.