Re-entry on Us Holiday Visa

Jasonsc

Hey,

So I applied for my 90 day holiday visa back in May and was approved immediately, which I assume is normal. I arrived in the states mid-June and was planning to stay here until September when my 90 days would end. However I've had a family emergency and need to head home for at least a few weeks now, in early July.

Can I go back to the states on the same visa - say from early August until mid-September?

Do I need to, or can I apply for a fresh visa to get a 90 days again from the time of re-entry?

I'd appreciate any additional information or advice that comes to mind.

Thanks!

DM addict

Are you under the VWP?

You should be ok to come in and go out again, I think. But you'll still need to have flights booked out so that you can show you're not intending to stay.

Nino Brown

My understanding is that ESTA's last for 2 years now, but the max single stay is 90 days. So if you leave, you can re-enter as long as your second stay is shorter than 90 days, and ends within 2 years of the issue date of the ESTA.
You will need flights home booked as mentioned above.

ESTA approvals are typically granted for a two-year period or until the applicant's passport expires, whichever is sooner. The approval is good for multiple entries - meaning you may use it for more than one entry into the U.S. ESTA provides validity dates upon approval of the application
https://help.cbp.gov/app/answers/detail/a_id/1197/~/esta--general-esta-renewal

coylemj

OP, the 90 day entry permit (let's not call it a 'visa') expires if you come back to Ireland. You can only re-enter the US on the original 90 day permit after a short trip to Canada, Mexico or the 'adjacent islands' so travelling back to Ireland means that you will need a new permit.

Travelling back so soon might arouse suspicions so have your story ready and as advised above, it would be no harm to have proof that you've booked a return flight.

coylemj

Nino Brown wrote: »

My understanding is that ESTA's last for 2 years now, but the max single stay is 90 days. So if you leave, you can re-enter as long as your second stay is shorter than 90 days, and ends within 2 years of the issue date of the ESTA.

Your ESTA approval only needs to be valid on the day you present yourself to a US Immigration agent, it does not have to be current for all of your trip to the US. So if my ESTA was going to expire next Tuesday, there would be no problem flying to the US on Monday and staying for the full 90 days.

Q: Do travelers need to update their ESTA if it will expire before they depart the United States?

A: If an ESTA expires before the traveler leaves the United States, the traveler is not required to apply for another ESTA. However, the traveler will need to apply for a new ESTA for future travel.

http://www.cbp.gov/travel/international-visitors/frequently-asked-questions-about-visa-waiver-program-vwp-and-electronic-system-travel

iusedtoknow

The general rule of thumb is that you should be outside of the US for as long as you were in (so if you are in the US for 2 months and left on a Friday, and presented yourself for entry on the Monday....you'd raise a red flag)

you may still find you have some explaining to do at the CBP checkpoint, but as long as you can prove you have enough cash, aren't working and intend on returning when you say you are...you should be OK

Jasonsc

Hey fellas thanks for the replies.

Here is my understanding of the situation based on your replies:

- I don't need to re-apply for a a new visa, since my ESTA approval is valid until 2016. I logged back into ESTA using the retrieve application option and indeed it still says I'm approved for travel.

- I can book my flight, and just arrive at the airport as per usual. But in pre-clearance I should be prepared to answer some additional questions seeing as I was recently in the states.

- Should have proof of return flight, enough money to last the trip, and that I won't be working.

If I'm wrong at any point there please correct me.

Lastly, has anyone had issue with this before? I was there for 3 weeks, and now about 4 weeks after returning I'll want to go again for 3 months which is a pretty long vacation. So long as I can prove the return flight, enough money, and that I won't be working - should all be good?

Cheers!

iusedtoknow

it should all be good - just to be sure though....3 months is not the same as 90 days - so double check your dates to make sure you aren't mistakingly going to overstay.

You may get a border guard that will question you a bit. They are completely free to do what they want to - expect a few questions, as 3 month vacations are seen as unusual at the best of times.

Coincidently, I was waiting in San Francisco to board a plane, and before we boarded, 2 border guards escorted a mid 20's woman back to the plane in cuffs no less.

Dublinflyer

ESTA and your entry visa while linked are two separate things. The ESTA is the pre approval for you to enter the US but that will not do you any good unless the CBP officer stamps your passport. The normal holiday stamp for 90 days is a single entry permit and will expire once you leave the US. I had reason to go back and forth 3 time last year in the space of six weeks, family thing. When I went back the second and third times I had to give the reason why to the CBP officer but once they were happy he just re-stamped my passport with a 90 day visa.

Given you have been there twice for almost a month and now want to stay the full 90 days you better have all your information and supporting documents all lined up and ready to give to them. You may end up in secondary screening but if you are open and polite with them you should be OK. If you get lippy and give them attitude you won't be going anywhere. If you are travelling from Dublin an using pre-clearance get down there good and early in case they take there time with your screening.

coylemj

iusedtoknow wrote: »

it should all be good - just to be sure though....3 months is not the same as 90 days - so double check your dates to make sure you aren't mistakingly going to overstay.

Good point, the US Govt. websites are every particular on the 90 day limit, you cannot extend this for any reason so make sure that you will be out before you go into 91 days.

Jasonsc

Thanks once again for the replies. I will keep the 90 days/3 months thing in mind when booking flights!

Just to clarify, I've only been to the states once and for about 3.5 weeks - got home at the end of the first week in July. I actually own a company and had to come home to sort some stuff out. My sole reason for wanting to go back is vacation. I'll be able to show a bank statement with a decent chunk of change on, and an email with my flight home information ... so hopefully all goes to plan.

If anyone has anymore thoughts or comments I'd love to hear them.

Cheers again!

faceman

OP, I travel to the US every 1 to 2 months mostly on business. (I'm actually typing this on a flight back to Ireland!) My passport is full of entry stamps. I'v always booked return flights and I have never been asked to produce anything at immigration. They ask a few questions about where I work and what I do, but never had a problem.

You'll be grand.

Jasonsc

Excellent thank you!

athtrasna

faceman wrote: »

OP, I travel to the US every 1 to 2 months mostly on business. (I'm actually typing this on a flight back to Ireland!) My passport is full of entry stamps. I'v always booked return flights and I have never been asked to produce anything at immigration. They ask a few questions about where I work and what I do, but never had a problem.

You'll be grand.

Just out of curiosity, how do you do that on an ESTA? It clearly states that you can't work while in the US?

faceman

athtrasna wrote: »

Just out of curiosity, how do you do that on an ESTA? It clearly states that you can't work while in the US?

I'm there on business as opposed to there working/seeking employment.

When going through Immigration your passport is marked WB instead of WT