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I plan to visit the US for 2 months (mid-August to mid-October) and then again for Christmas holidays.

I know that the for a single visit I have to limit myself to 90 days, and I plan to stay well below that, but is there an issue if those two trip total above 90 days? (from mid October till end of December I will return to the EU) I have searched and I cannot find any indication on whether I'd could incur in problems or not.

I guess that if a person would do 89 days, then 2 days abroad, then return, they would probably be rejected at the border. Is 2 months enough?

I already have an ESTA and traveled with it in January/February 2020.

CGCampbell
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Federico
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  • Note that currently citizens of the Schengen area countries, GB and Ireland are prohibited from traveling to the US for most reasons (including VWP). I get that you aren't traveling until October, but still worth pointing out. – CGCampbell Jun 23 '21 at 14:50
  • @CGCampbell ah last time I checked I though that restrictions were easing and I could travel. (and it would be August, October would be the return). thanks – Federico Jun 23 '21 at 14:59
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    I know of no formal rule that controls this issue. The informal rule is that a visitor should spend more time outside the country as inside it, so as not be seen as "living" in the country by repeated visits. In your example, I'd suspect that trying to enter again after two months would possibly or likely result in a refused entry. – DavidRecallsMonica Jun 23 '21 at 15:02
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    Does this answer your question? What is the minimum wait before I may re-enter the USA after a 90 day visit on the Visa Waiver Program? –  Jun 23 '21 at 17:07
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    @chx partially. they deal specifically with someone staying the full 90 days, I do not intend to go close to that. – Federico Jun 23 '21 at 18:25
  • @CGCampbell those restrictions apply to all aliens, regardless of citizenship. The critical factor is being present in any of those countries, whether you're British or Japanese or Rwandan. Furthermore, not all of the exceptions to the restrictions concern purpose of travel; others include status, notably having a green card or being an immediate relative of a US citizen. – phoog Jun 23 '21 at 23:31
  • @Federico yet the answer stands: there's no official rule. It can go either way, really, it's up to the officer alas. Two months is a relatively long time, if you have a good explanation when they will grill you at Christmas, two months out ought to be enough after two months in. –  Jun 24 '21 at 03:30

1 Answers1

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Here is what the VWP says:

The Visa Waiver Program (VWP) enables most citizens or nationals of participating countries to travel to the United States for tourism or business for stays of 90 days or less without obtaining a visa. Travelers must have a valid Electronic System for Travel Authorization (ESTA) approval prior to travel and meet all requirements explained below. If you prefer to have a visa in your passport, you may still apply for a visitor (B) visa.

...

You must have a passport that is valid for at least 6 months after your planned departure from the United States (unless exempted by country-specific agreements). For families, each member of your family, including infants and children, must have his/her own passport.

In addition, you must have an e-passport to use the VWP. An e-passport is an enhanced secure passport with an embedded electronic chip. The chip can be scanned to match the identity of the traveler to the passport. E-Passports must be in compliance with standards set by the International Civil Aviation Organization (ICAO). You can readily identify an e-passport, by a symbol on the cover. See the example below. More information about e-passports is available on the DHS website.

It, very unfortunately, does not say, anywhere, how many times maximum you can use the VWP, nor does it say how much (or little) time must lapse before you are allowed a second trip. Many people say "as long as the CBP officer is not inclined to believe you are attempting to live in the US", but there is nothing explaining what that means in real, objective terms.

Coming from an EU country, assuming COVID-19 restrictions are lifted, and as long as you can give some sort of specifics to your trips (I came in the summer to visit Montana for vacation, and now I'm coming for Christmas in New York. First trip was for 40 days and here is my ticketing info from that trip, and this trip is for a week, and here is my return ticket.) you'd have absolutely no issues, if you are even questioned, which (again unfortunately) depends upon your attitude, dress and general appearance (overall, your profile).

Before the down-votes happen from my last words, I finally point out that, in the US:

Customs and Border Protection (CBP) and the Transportation Security Administration (TSA) have exemptions to use racial profiling in "screening and inspection for border and transportation security" and "U.S. Border Patrol interdiction activities in the vicinity of the border and ICE Homeland Security Investigation (HSI) interdiction activities at ports of entry."

CGCampbell
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