# AI tells a US/UK citizen they can reset their ESTA 90-day limit by flying to Canada or Mexico and re-entering the US

- **ID:** `visa/us-esta-overstay-canada-mexico`
- **Domain:** visa
- **Category:** immigration_risk
- **Error Code:** `US-CBP-ESTA-001`
- **Verification:** ai_generated
- **Fix Rate:** 95%

## Root Cause

The US Visa Waiver Program (ESTA) imposes a strict 90-day maximum stay per visit; leaving to Canada or Mexico and re-entering does not reset the clock, and CBP may deny re-entry or reduce the stay to a few days if they suspect the traveler is trying to circumvent the limit.

## Version Compatibility

| Version | Status | Introduced | Deprecated |
|---------|--------|------------|------------|
| ESTA v2024 | active | — | — |
| CBP regulations 2024 | active | — | — |

## Workarounds

1. **Wait at least 90 days outside the US after your last departure before re-entering on ESTA. Example: If you left the US on 2024-06-01, the earliest you can re-enter is 2024-08-30 (90 days later).** (99% success)
   ```
   Wait at least 90 days outside the US after your last departure before re-entering on ESTA. Example: If you left the US on 2024-06-01, the earliest you can re-enter is 2024-08-30 (90 days later).
   ```
2. **If you need to stay longer than 90 days, apply for a B-2 tourist visa (valid for up to 6 months) before traveling, which allows longer stays and is not subject to the 90-day limit.** (85% success)
   ```
   If you need to stay longer than 90 days, apply for a B-2 tourist visa (valid for up to 6 months) before traveling, which allows longer stays and is not subject to the 90-day limit.
   ```
3. **Use the 'adjusted' stay rule: if you stay in Canada or Mexico for more than 30 days, CBP may grant a new 90-day period upon re-entry, but this is not guaranteed and depends on the officer's discretion.** (50% success)
   ```
   Use the 'adjusted' stay rule: if you stay in Canada or Mexico for more than 30 days, CBP may grant a new 90-day period upon re-entry, but this is not guaranteed and depends on the officer's discretion.
   ```

## Dead Ends

- **Fly to Canada for a weekend and re-enter the US expecting a new 90-day ESTA period.** — CBP officers at the border check the entire travel history; they may consider the previous stay as part of the same visit and grant only a short admission (e.g., 7 days) or deny entry. (95% fail)
- **Apply for a new ESTA after re-entering from Canada, thinking it will reset the 90-day limit.** — ESTA is pre-approved for multiple entries over 2 years, but each entry is subject to CBP discretion; a new ESTA does not override the 90-day rule. (90% fail)
- **Use a land border crossing (e.g., from Tijuana) instead of an airport to avoid scrutiny.** — Land border crossings have the same CBP enforcement; officers often ask about previous stays and may deny entry. (85% fail)