ESTA

The 90-day ESTA for the United States

Going to the USA for a vacation, an internship, a semester of study or even a summer job involves obtaining a residence permit such as a visa or an official ESTA. Depending on the document, you can stay on American soil for varying lengths of time. On this page, our experts present the duration of the ESTA, in this case 90 consecutive days. This is a maximum period; you can travel to the U.S. for two weeks and then leave again.

First of all, we’ll give you the keys to a basic understanding of the ESTA application, which is well known to French travelers vacationing in or transiting through the USA. Then we’ll tell you about the risks of staying on despite an expired ESTA permit, even if you have a valid e-passport. Read this article carefully to avoid any complications with the American authorities, especially as the Department of Homeland Security rarely jokes with visitors who don’t respect the rules in force.

With ESTA authorization, up to 90 consecutive days in the USA

Are you a French national looking to visit the USA for a few weeks? If so, you don’t need a visa – just go through the Visa Waiver Program. The VWP allows you to avoid the time-consuming process of obtaining a visa by simply requesting an ESTA. This authorization requires no interview at the American embassy, and costs much less than a USA visa. The catch? You can only stay for a maximum of 90 consecutive days (six months for its counterpart).

The 90-day ESTA is valid for vacations, but also for business travel or transit (connecting flights without leaving the U.S. airport). The only additional requirement is a biometric or electronic passport. Of course, your passport must be valid, and must not expire during your trip to the USA. Be sure to check the passport’s validity date.

To ensure that a visitor does not exceed the maximum 90 days allowed, all applicants must enter their dates of arrival and departure (i.e. the dates of their return flights or embarkations) on the ESTA form, which can only be accessed via the Internet. Unlike a visa application, an ESTA application simply requires you to fill in the appropriate online form, available on the official government website (or on a private platform). Of course, you must wait to receive an affirmative response from the electronic systems before completing your trip to the USA, otherwise you won’t pass inspection.

Please note that the 90-day ESTA period should not be confused with the two-year validity period. The ESTA document allows unlimited travel to Uncle Sam for 2 years, as long as each trip does not exceed 90 days. You must wait a “reasonable” period of time between each visit (this is assessed by an immigration officer). To put it simply, when you return from a 3-month trip, don’t go back to the USA a few days later, even if your ESTA is still valid. Wait a few weeks to be sure of being accepted.

What happens if the 90 days are exceeded?

There are a number of reasons for exceeding the time allowed by ESTA:

Whatever the context, the result is the same: you become an illegal immigrant in the eyes of the U.S. government. This will eventually come to light, either when you leave the country (ESTA check by officers at the airport or port), or at a routine border check.

Then the trouble begins: not only can you forget about any new ESTA application, and more generally about any new trip to USA, because even a visa application can be refused if abused. Perhaps you’ll be lucky if you’ve only exceeded the 90-day limit by a very small margin.

More seriously, you could be arrested, deported or even spend some time in detention. It’s best to prepare yourself for such a situation by making the necessary arrangements. For example, if you’re planning a 3-month trip, you’ll need a few days’ security: book your round-trip plane ticket for 87 days, just in case. Otherwise, opt for a visa.

Note: sometimes a major problem prevents you from leaving the United States before the 90-day ESTA period. For example, hospitalization. In such cases, you must do everything in your power to obtain and carefully preserve material proof of this kind of unforeseeable situation. National security officials may be more lenient.

You’ve got it: it’s essential to be well organized and to keep an eye on the validity of your 90-day ESTA when you plan to travel to the United States. Otherwise, your tourist or business trip will quickly turn into a misadventure to forget rather than an American dream.