Staytill

Visa Waiver Program: how long you can stay in the US

Visa days · AmericasChecked Updated

US 90 days (ESTA)

Visa days
90days per visit, no visa

Under the Visa Waiver Program you are admitted for a stay of up to 90 days without a visa.12

Apply
ESTA is the automated system that determines whether you are eligible to travel to the US under the Visa Waiver Program.3
Entry
Officers of US Customs and Border Protection determine admissibility when you arrive.4
Extension
A Visa Waiver Program visitor is in a class that is ineligible for an extension of stay.5
Change of status
A Visa Waiver Program visitor is in a class that cannot change to another nonimmigrant status, except to U status.67
Emergency
If an emergency prevents you from leaving in time, the district director may grant a period of satisfactory departure of up to 30 days.89
If removed
Visa Waiver Program visitors waive the right to contest any action for removal, other than by applying for asylum.10

Worked example

A week in Cancún does not restart the clock

  1. You enter the US under the Visa Waiver Program on 1 February 2026 and spend a week in Cancún in March. Coming back, you may be readmitted only for the balance of your first admission, so the 90 days that began on 1 February keep running.111How we count: Readmission after a trip to a neighbouring country or nearby island is for what is left of the first admission period.

The rule it rests on: Under the Visa Waiver Program you are admitted for a stay of up to 90 days without a visa.12 If you leave for a contiguous territory or adjacent island, you may be readmitted for the balance of your original admission period.11

Questions people ask

How long can I stay in the US on ESTA?

Under the Visa Waiver Program you are admitted for a stay of up to 90 days without a visa.12

Does an approved ESTA mean you get in?

ESTA is the automated system that determines whether you are eligible to travel to the US under the Visa Waiver Program.3 Officers of US Customs and Border Protection determine admissibility when you arrive.4

Can I extend a Visa Waiver Program stay?

A Visa Waiver Program visitor is in a class that is ineligible for an extension of stay.5 A Visa Waiver Program visitor is in a class that cannot change to another nonimmigrant status, except to U status.67

Does leaving for Canada or Mexico restart the 90 days?

If you leave for a contiguous territory or adjacent island, you may be readmitted for the balance of your original admission period.11

What if an emergency stops me leaving on time?

If an emergency prevents you from leaving in time, the district director may grant a period of satisfactory departure of up to 30 days.89

Sources

8 laws and 3 official pages, each with its exact words
  1. CBP, Visa Waiver Program · U.S. Customs and Border Protection · read 26 Oct 2026
    Exact words stays of up to 90 days without a visa
  2. 8 U.S.C. § 1187(a)(1) · Legal Information Institute, Cornell Law School (text of the US Code and CFR) · read 26 Oct 2026
    Exact words for a period not exceeding 90 days
  3. CBP, ESTA · U.S. Customs and Border Protection · read 26 Oct 2026
    Exact words ESTA is an automated system that determines the eligibility of visitors to travel to the United States under the Visa Waiver Program (VWP).
  4. CBP, ESTA · U.S. Customs and Border Protection · read 26 Oct 2026
    Exact words U.S. Customs and Border Protection officers determine admissibility upon travelers' arrival.
  5. 8 CFR § 214.1(c)(3) · Legal Information Institute, Cornell Law School (text of the US Code and CFR) · read 26 Oct 2026
    Exact words A nonimmigrant in any of the following classes is ineligible for an extension of stay: (i) B-1 or B-2 where admission was pursuant to the Visa Waiver Pilot Program
  6. 8 CFR § 248.2(a)(6) · Legal Information Institute, Cornell Law School (text of the US Code and CFR) · read 26 Oct 2026
    Exact words Any alien admitted as a Visa Waiver Pilot Program visitor under the provisions of section 217 of the Act and part 217 of this chapter.
  7. 8 CFR § 248.2(b) · Legal Information Institute, Cornell Law School (text of the US Code and CFR) · read 26 Oct 2026
    Exact words The prohibition against a change of nonimmigrant status for the categories of aliens described in paragraphs (a)(1) through (6) of this section is inapplicable to aliens applying for a change of nonimmigrant status to that of a nonimmigrant under section 101(a)(15)(U)
  8. 8 CFR § 217.3(a) · Legal Information Institute, Cornell Law School (text of the US Code and CFR) · read 26 Oct 2026
    Exact words If an emergency prevents an alien admitted under this part from departing from the United States within his or her period of authorized stay
  9. 8 CFR § 217.3(a) · Legal Information Institute, Cornell Law School (text of the US Code and CFR) · read 26 Oct 2026
    Exact words grant a period of satisfactory departure not to exceed 30 days
  10. 8 U.S.C. § 1187(b)(2) · Legal Information Institute, Cornell Law School (text of the US Code and CFR) · read 26 Oct 2026
    Exact words to contest, other than on the basis of an application for asylum, any action for removal of the alien
  11. 8 CFR § 217.3(b) · Legal Information Institute, Cornell Law School (text of the US Code and CFR) · read 26 Oct 2026
    Exact words 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 Program admission period
Checked against 8 U.S.C. § 1187 · 8 CFR § 214.1 · 8 CFR § 248.2 · 8 CFR § 217.3 on 26 Oct 2026 Updated 26 Oct 2026

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