Can someone from UK visiting on an ESTA enter, leave and then re-enter the US within three months?

Asked over 1 year ago - New York, NY

My boyfriend, who is a UK citizen, is planning to visit me in NY and stay for three months (max time allowed to stay on an ESTA). During this time, we want to go on a vacation to the Bahamas. Will it be an issue for him when he has to re-enter the US after our Caribbean vacation? Will he get additional time to stay in the US upon re-entry (basically, re-setting the 3 month max clock?)

Thanks in advance!

Additional information

Thank you all for your answers! We're not looking to extend his 90 days, it would have just been a nice bonus. I just wanted to make sure he wouldn't be denied entrance back into the US after a short trip to the Bahamas. We're planning on going during his first month here.

Attorney answers (4)

  1. Ralf D. Wiedemann

    Contributor Level 18

    1

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    Answered . I believe that in such a circumstance he will be readmitted for the balance of the original 90-day period. You should not count on his receiving a new 90 days.

  2. Dean P Murray

    Contributor Level 18

    1

    Lawyer agrees

    Answered . There is a widespread perception that if CBP gives someone 3 months or 6 months to stay to stay in the U.S., the foreign national can remain in the U.S. for the full time period, depart the U.S. on the ast day, and subsequently hop on a plane a few days later and return to the U.S. and be granted another 3 months or 6 months as the case may be. That is completely false. More likely than not, CBP will not readily admit your boyfriend if he returns too soon. Consult an immigration lawyer for more information. Many of us offer quick consultations at little or no charge. Good luck to you.
    ---------------------------
    Dean P. Murray
    The Murray Law Firm
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    Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely... more
  3. Irene Vaisman

    Contributor Level 20

    Answered . he should, but remember that CBP officers have the right to question and stop if they suspect immigrant intent

    This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.
  4. Stephen D. Berman

    Contributor Level 20

    Answered . Quite possibly, since he will have spent a long time out of his country, raising a question whether he has an unabandoned foreign residence to which he intends to return.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an... more

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