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

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!

New York, NY -

Attorney Answers (4)

Ralf D. Wiedemann

Ralf D. Wiedemann

Immigration Attorney - Philadelphia, PA
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.

Dean P Murray

Dean P Murray

Immigration Attorney - New York, NY
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.
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Dean P. Murray
The Murray Law Firm
560 Sylvan Avenue
Englewood Cliffs, NJ 07632
(Office located within minutes of the George Washington Bridge)
T: (201)875-2600
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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
Irene Vaisman

Irene Vaisman

Immigration Attorney - New York, NY
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.
Stephen D. Berman

Stephen D. Berman

Immigration Attorney - Chicago, IL
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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