Re-Entry Into The Us Under Visa Waiver Program

[thussain]

I'm currently in the US with an ESTA so entered under the Visa Waiver Program. The 90 day expiration for this stay is coming up. I need to stay a couple more weeks so I'm planning on flying to/from Canada to start another 90 day period. My question is ... can I fly back on the same day or do I need to stay overnight?

[Flonska]

According to this . . . an ESTA is only required to be valid on the day you enter the United States. and does not need to be valid for the entire time you are in the U.S.

https://help.cbp.gov/app/answers/detail/a_id/1223/~/does-my-esta-need-to-be-valid-for-my-entire-stay-in-the-united-states%3F

I hope this is accurate?

[Flonska]

You also mention a 90 day period?

An ESTA authorization is generally valid for multiple trips over a period of two years (starting the date that you are approved) or until your passport expires, whichever comes first.

https://help.cbp.gov/app/answers/detail/a_id/1126/~/esta---length-of-approval

[Toorak]

It might be risky. This link suggests that you can be denied entry if it looks as though you have left the country to obtain a further 90 days

https://www.gov.uk/foreign-travel-advice/usa/entry-requirements

[237SJ]

You have to depart for a reasonable time. I think you'll be pushing your luck, even if you stay in Canada for longer. You should have applied for a B2 visa which allows you to stay for longer than 90 days

[Buenchico]

As Toorak's link shows, any time spent in Canada is likely to be counted as part of your 90-day limit for staying in the USA, so you'll almost certainly be denied re-entry into the States. (Some people have been denied re-entry simply through briefly crossing to the Canadian side of the Niagara Falls near to the end of the 90-day period).

Your plan almost certainly won't work but, if you're still determined to try it, remember that you can't fly into Canada without a Canadian eTA:
https://www.gov.uk/foreign-travel-advice/canada/entry-requirements