Staytill

How long can I stay in the US?

For British visitors the US limit is short and firm: ninety days on an ESTA, no extension, no change of status. The trap is the side trip north or south, which does not give you a fresh start.

US

As a visitor
90days, no extension

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

Before you fly
Every Visa Waiver traveler needs an ESTA approval before boarding a plane or ship to the US.3
At the border
Officers of US Customs and Border Protection determine admissibility when you arrive.4
Your rights
Visa Waiver Program visitors waive the right to contest any action for removal, other than by applying for asylum.5

Which passport, which limit

British passport

The United Kingdom is a Visa Waiver Program country for British citizens with the unrestricted right of permanent abode there.6

Canadian passport

Canadian visitors can usually stay in the US for 6 months without a visa.7

A trip to Canada or Mexico

Leaving for a week in Toronto or Cancún feels like leaving the US. For the count, it is a pause. If you leave for a contiguous territory or adjacent island, you may be readmitted for the balance of your original admission period.8

Worked example

New York, a week in Toronto, and back

  1. You land in New York on a British passport with an ESTA, admitted for up to 90 days under the Visa Waiver Program.1
  2. A week in Toronto does not start a new 90: flying back, you may be readmitted only for the balance of your first admission.8
  3. A Visa Waiver Program visitor is in a class that is ineligible for an extension of stay.9

Questions people ask

Can I change status while I am in the US on an ESTA?

A Visa Waiver Program visitor is in a class that cannot change to another nonimmigrant status, except to U status.1011

What if an emergency keeps me in the US past 90 days?

If an emergency prevents you from leaving in time, the district director may grant a period of satisfactory departure of up to 30 days.1213

Can a long US visit make me a US tax resident?

You are a US tax resident for a calendar year if you were in the US at least 31 days that year and 183 weighted days over the 3-year period that includes it.14151617

Your own count

The balance of your first admission is the number to watch after any trip across a land border. It is only visible if you kept the days.

Sources

10 laws and 7 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. DHS, Visa Waiver Program, ESTA · U.S. Department of Homeland Security · read 26 Oct 2026
    Exact words The Department requires all prospective VWP travelers to obtain pre-travel authorization via U.S. Customs and Border Protection’s (CBP) Electronic System for Travel Authorization (ESTA) prior to boarding a plane or ship bound for the United States.
  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 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
  6. DHS, Visa Waiver Program countries · U.S. Department of Homeland Security · read 26 Oct 2026
    Exact words The United Kingdom refers only to British citizens who have the unrestricted right of permanent abode in the United Kingdom (England, Scotland, Wales, Northern Ireland, the Channel Islands, and the Isle of Man)
  7. Travel.gc.ca, United States, length of stay · Government of Canada (travel.gc.ca) · read 26 Oct 2026
    Exact words Canadian visitors can usually stay in the United States for 6 months without a visa.
  8. 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
  9. 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
  10. 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.
  11. 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)
  12. 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
  13. 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
  14. IRS, substantial presence test · Internal Revenue Service · read 26 Oct 2026
    Exact words 31 days during the current year, and 183 days during the 3-year period that includes the current year and the 2 years immediately before that
  15. 26 U.S.C. § 7701(b)(3)(A)(i) · Legal Information Institute, Cornell Law School (text of the US Code and CFR) · read 26 Oct 2026
    Exact words such individual was present in the United States on at least 31 days during the calendar year
  16. 26 U.S.C. § 7701(b)(3)(A)(ii) · Legal Information Institute, Cornell Law School (text of the US Code and CFR) · read 26 Oct 2026
    Exact words equals or exceeds 183 days
  17. IRS, substantial presence test · Internal Revenue Service · read 26 Oct 2026
    Exact words You will be considered a United States resident for tax purposes if you meet the substantial presence test for the calendar year.
Checked against 8 U.S.C. § 1187 · 8 CFR § 217.3 · 8 CFR § 214.1 · 8 CFR § 248.2 · 26 U.S.C. § 7701(b) on 26 Oct 2026 Updated 26 Oct 2026

Know a rule that changed, or a line we got wrong? Send us the source. We fix the page and log it.

Report a mistake