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Is there maximum number of days I can use ESTA per year in addition to the 90 day maximum authorized stay?

David Hill, US Immigration Expert
Answered on September 28,2023

Rule of thumb: When entering USA for X days, leaving for Y days, and then entering USA for Z days: Y must be greater than the larger of X or Z.

⁠Hard rule: The 90 day authorized stay includes Canada, Mexico, and “neighboring islands”. This can work to your advantage when working with rule 1. E.g., enter USA for 5 days, go to Canada for 4 days, enter USA for 5 days. This is fine because it is treated as a 14 day stay in the USA. Whereas if you entered USA for 5 days, went to say Colombia for 4 days, and came back to USA for 5 days you are breaking rule 1. The rule works against you, if you, for example, enter the USA for 5 days, go to Mexico for 84 days, and then enter USA for 10 days. That adds up to 99 days and so is a 9 day overstay. You would need to stay in Mexico for at least 85 days to avoid an overstay and loss of ESTA privileges. 86 days to be safe. At that point you are in compliance with rules 1 and 2. Note that ESTA holders who live in Canada, Mexico, etc are exempt from rule 2.

⁠Rule of thumb: unless retired, doing a pattern of 90 days in the USA, 91 days outside the USA, 90 days in the USA, etc to maximize your ESTA while still complying with rules 1 and 2 isn’t credible because you somehow getting by in a high cost country (USA) without a regular job. So you are presumed to be either working in the USA, and/or living in the USA with the support of a friend, romantic partner, or relative.

Is there maximum number of days I can use ESTA per year in addition to the 90 day maximum authorized stay?

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