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Wilton A. Person
Wilton A. Person, Immigration Lawyer
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When traveling with the ESTA visa waiver program, can I stay

Resolved Question:

When traveling with the ESTA visa waiver program, can I stay in the USA 2 times 90 days per calendar year, or how is it calculated exactly? Thanks so much for your help in advance.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Wilton A. Person replied 1 year ago.
Yes, this is possible. There is not a formal written calculation because there is not any type of restriction for a foreign national to travel twice to the United States for two ninety day periods. However, it is important to keep in mind that it is not generally a good idea for a foreign national to enter the United States on a subsequent ESTA trip without at least six months between each trip because frequent trips to the United States can result in the denial of the ESTA.

Please let me know if you have any additional questions.
Customer: replied 1 year ago.

hm, that did not really answer my question..


I spent 67 days on Hawaii in December and January, but only 18 of them were in 2013.


I then spent 84 days on Hawaii from the end of February till middle of May and am planning to go back in about 3 months but only for 3 weeks, then I have to leave again for work and would be going back to Hawaii 3 or 4 weeks later and hopefully have some time off to spend another 2 months there.


I want to figure out if I will be allowed to do that.


I am professional kiteboarder and am paid via sponsorship contracts, so I travel for fun but also for training, and Hawaii has some of the best conditions in the world...

Expert:  Wilton A. Person replied 1 year ago.
Thank you for your response. To clarify, there are not any rules that you can simply plug in to calculate whether you will be allowed to travel. US immigration officials consider that all foreign nationals intend to immigrate until promen otherwise so US Customs officers will examine the frequency of your trips and decide whether to allow you into the United States based upon the officer's discretion. As mentioned previously, the more frequent trips to the United States, the greater the risk that your ESTA privileges may be revoked which is the reason why it is a general unwritten rule to allow at least six months between trips if possible. To be clear, it is not possible to predict whether you would be allowed to continue or proceed with your trip patterns in the future because admission is discretionary. If admitted, the maximum length of time under the EST program is ninety days.If a person is traveling for pleasure or business meetings, a foreign national is using the ESTA as intended. Training while vacationing in Hawaii would probably be permissible.Please let me know if you have any additional questions.
Customer: replied 1 year ago.

o.k., let me put it in different words:


 


would I be illegally staying in the US if I stay more than 180 days in the USA within one calendar year if none of the stays is longer than 90 days and I am allowed into the country?


 


thanks a lot,


Kristin

Expert:  Wilton A. Person replied 1 year ago.
I understand your question, No, you would not be staying illegally in the United States if you stay more than 180 days in one calendar year and are allowed to enter the United States.
Wilton A. Person, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 4147
Experience: Knowledgeable and experienced immigration lawyer.
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