Hello, this is Matsui from IMS Legal Professional Corporation. As the new fiscal year begins, I see many people who seem to be new employees in the morning and evening. They still have a fresh feeling, as if they're not quite used to wearing suits yet. I hope they continue to work hard.
ESTA Stay is Up to 90 Days
We receive inquiries about the U.S. ESTA almost every day. ESTA is a U.S.-specific pre-entry screening system that can be used by nationals of specific countries when traveling to the U.S. for short-term business, tourism, or family visits. Japanese nationals, among others, are eligible to travel to the U.S. without a visa, but they need to obtain approval online in advance. In the case of ESTA entry to the U.S., the maximum stay period is 90 days.
It is important to note that with ESTA entry, you cannot extend your stay or change your stay status while in the U.S. Therefore, if you enter the U.S. with ESTA, you must leave the country within 90 days, or you will be overstaying. Having a history of overstaying can have a significant impact on future trips to the U.S., visa applications, etc., so please be careful.
Is it okay to go to Canada or Mexico?
So, many people seem to think that if they go to Canada or Mexico once, their 90 days will be reset, and they can stay in the U.S. for another 90 days. Unfortunately, the answer to this question is "no."
The U.S. government considers Canada, Mexico, and the countries of the Caribbean as part of the U.S., so if you leave for Canada or Mexico and then return to the U.S., you will only be allowed to stay for the period minus the days of your previous stay, from the original 90 days. If you have already used up the full 90 days, there is also a possibility of being denied entry upon re-entry.
What is the basis for this?
The following is described in a public document called the Foreign Affairs Manual (FAM), which is referenced by U.S. consulates during visa screenings.
9FAM 201.1-4(C)(e)(2) (U) Side Trips Permitted Within 90-day Limit:
(a) (U) Travelers participating in the VWP who make their initial entry into the United States by air or sea must arrive aboard one of the participating carriers. After the initial admission into the United States, under the provisions of VWP, a foreign national may temporarily depart to, and return from, Canada, Mexico, or adjacent islands by car or other carriers if the total stay in the United States and the time accrued in contiguous territory and/or adjacent islands does not exceed 90 days.
(b) (U) In other words, a side trip to Canada, Mexico, or the adjacent islands does not “reset the clock” for VWP travelers, unless the traveler is resident in the country to which they travel. (For further information see Chapter 15.7(i) of DHS Inspectors Field Manual, Readmission After Departure to Contiguous Territory or Adjacent Islands.)
The VWP stands for Visa Waiver Program, which essentially refers to ESTA travel to the United States. In the FAM, it is stated that "After entering the United States under the provisions of the Visa Waiver Program, temporary departure and re-entry to Canada, Mexico, or adjacent islands are permitted, but the total stay in the United States and in contiguous territories and/or adjacent islands must not exceed 90 days."
In other words, traveling to Canada, Mexico, or adjacent islands does not reset the 90-day period unless it is one's country of residence. Therefore, traveling to Canada or Mexico after ESTA entry to the United States will generally result in being given the remaining period upon return to the United States, which is equal to 90 days minus (the duration of stay in the United States + the duration of stay in neighboring countries).
What are "adjacent islands"?
The term "adjacent islands" is also clearly defined in the FAM.
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.
In other words, since 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 territories or possessions in or bordering the Caribbean Sea are considered adjacent islands, if you travel from the United States to these countries or islands and return to the United States via ESTA, you will not receive a full 90-day permission.
Conclusion
ESTA is a very convenient system, but using it incorrectly can have a significant impact on future trips to the United States. Recently, with the advent of online ticket booking, many people seem to have purchased flight tickets--only to find out later that due to visa restrictions, it was not possible to travel on the scheduled dates! Please be sure to research thoroughly before traveling.
We are available to assist you with any inquiries regarding ESTA travel at any time, so please feel free to contact us.
Please note that this blog contains information as of the present time. For the latest updates, please verify on official government websites at your own responsibility.
For more information, please contact us below ↓
https://imsvisa.support/en/contact/
