Would the VWP clock reset if I travel to Europe from the US?

Would the VWP clock reset if I travel to Europe from the US? - Bridge over River in City

I want to go to the USA for 90 days. I would enter in May. In the middle of my stay in the USA, after about 35 days, I will travel to Europe for 5 weeks. Then I will fly back to the USA.

Will the 90 days count again when I reenter the USA? I want to go back to Australia sometimes in October.

Example 29.5. - 1.7. = 33 days 10.8. - 8.10.= 59 days = 92 days.

Do I count the day I'm leaving and the day I'm arriving?



Best Answer

You should be fine. When you return to the US, if you are admitted, you should be granted a new 90-day period of admission.

The visa waiver program has some rules that are designed to prevent people from nipping over the border to Canada, Mexico, or an "adjacent island" in order to gain a new 90-day period of admission to the United States. The restriction is articulated at 8 CFR 217.3(b):

(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.

Foreign contiguous territory means Canada and Mexico; adjacent islands is non-exclusively defined at 8 USC 1101(b)(5) with a list comprising mostly Caribbean and Atlantic islands:

(5) The term “adjacent islands” includes Saint Pierre, Miquelon, Cuba, the Dominican Republic, Haiti, Bermuda, the Bahamas, Barbados, Jamaica, the Windward and Leeward Islands, Trinidad, Martinique, and other British, French, and Netherlands territory or possessions in or bordering on the Caribbean Sea.

This provision does not apply to a traveler who has departed to Europe. You are therefore likely to receive a new 90-day period of admission when you return to the United States.

Do I count the day I'm leaving and the day I'm arriving?

As outlined above, it does not matter in your case, but there seem to be pictures of US admission stamps available on the internet that suggest both methods of counting. It is safer to plan to leave the US on the 90th day counting the day of arrival.




Pictures about "Would the VWP clock reset if I travel to Europe from the US?"

Would the VWP clock reset if I travel to Europe from the US? - From below of aged retro golden clock placed atop information booth of historic Grand Central Terminal with arched windows
Would the VWP clock reset if I travel to Europe from the US? - Marienplatz in Munich
Would the VWP clock reset if I travel to Europe from the US? - Waving flags of France and United Kingdom against blue sky



How long to stay outside of the US before returning ESTA?

Therefore, the length of time of your total stay, including the short trip, must be 90 days or less.

Can you extend VWP?

VWP travelers are not permitted to change or extend their temporary immigration status. The only mechanism to request a longer VWP stay requires an emergency which prevents a timely departure from the United States. In that case, the Department of Homeland Security can grant a 30-day period of Satisfactory Departure.

How many times can I enter the US on an ESTA?

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.

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.



What is the Visa Waiver Program in USA | ESTA | Stay for 90 Days in the U.S.A | Zavala Texas Law




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