What is the 90 day rule for ESTA visa?

Understanding the 90-Day Rule for ESTA Visas

The ESTA (Electronic System for Travel Authorization) visa is a travel authorization that allows citizens of eligible countries to visit the United States for tourism or business purposes for up to 90 days. While the ESTA visa offers a convenient way to travel to the US, it comes with specific regulations that applicants must adhere to, including the 90-Day Rule.

What is the 90-Day Rule?

The 90-Day Rule states that ESTA visa holders cannot remain in the United States for more than 90 consecutive days on a single trip. This rule applies to all ESTA visas, regardless of the purpose of travel. Once the 90-day period has expired, the ESTA visa holder must depart the US or apply for a different type of visa or extension of stay.

Consequences of Violating the 90-Day Rule

Violating the 90-Day Rule can have serious consequences for ESTA visa holders. If a person overstays their ESTA visa or otherwise violates the terms of their visa within 90 days of entering the US, it may be assumed that they misrepresented their intentions when applying for the ESTA visa.

This misrepresentation could lead to the following penalties:

• Difficulties in obtaining future US visas: Overstaying an ESTA visa can make it significantly more difficult to obtain future US visas, including tourist, student, or work visas.
• Entry into the US may be denied: Individuals who violate the 90-Day Rule may be denied entry into the US in the future, even if they obtain a different type of visa.
• Visa waiver ineligibility: Individuals who overstay their ESTA visa may lose their eligibility to participate in the Visa Waiver Program and may be required to apply for a traditional US visa.

Exceptions to the 90-Day Rule

There are certain exceptions to the 90-Day Rule that allow ESTA visa holders to stay in the US for longer than 90 days. These exceptions include:

• Emergency medical situations: ESTA visa holders who become ill or injured and require extended medical treatment may be granted an extension of stay.
• Extreme weather conditions: If extreme weather conditions prevent an ESTA visa holder from departing the US, they may be granted an extension of stay.
• Other compelling circumstances: The US Department of Homeland Security may grant an extension of stay for other compelling circumstances on a case-by-case basis.

It is important to note that these exceptions are not automatic and must be applied for and approved by the US government.

Conclusion

Understanding the 90-Day Rule for ESTA visas is crucial for travelers who wish to visit the United States. By adhering to the rule and departing the US within the 90-day period, ESTA visa holders can avoid the potential consequences of overstaying their visa and maintain their eligibility for future travel to the United States.