The VWP or Visa Waiver Program enables visitors from a list of specific countries to apply for an ESTA instead of a visa if they want to travel to the United States. The process involved is much simpler and quicker than applying for a visa.
The prospective traveler can, for example, simply answer a few questions online and then be granted an ESTA. Unfortunately, if your country is not on the list of VWP countries, you will have no choice then to visit a US consulate or embassy to apply for a standard B1/B2 visa.
If your application is successful, you can have an approved ESTA that is valid for a period of 2 years within minutes. There is one very important factor to take into account here though: Although the ESTA is valid for two years, you can only stay in the US for 90 days at a time.
There is also no way in which you can extend an ESTA for a longer period. If you should visit the U.S. on a visa and, for example, want to extend your visit, you can submit a request for extension of status to USCIS. The correct form to use here is I-539. If you entered the country on an ESTA, however, you will not be allowed to request an extension or file a petition for a change of status.
The solution: Satisfactory Departure
There is only one way to get legally binding permission to remain in the US beyond the expiration of your ESTA, and that is to file a request for satisfactory departure and hope that it will be approved.
Does a Satisfactory Departure come with certain requirements?
To satisfy the requirements for a Satisfactory Departure, you will have to prove that you are not able to depart from the US because of an emergency, for example, a medical crisis. You will also have to prove that your inability to leave the US is not because of an issue that you caused yourself. Other examples of acceptable reasons include that your own country has, for some or other reason, closed all its borders and/or that all flights between the United States and your country have been suspended.
You can not wait until your ESTA expires to apply for Satisfactory Departure, you have to do so before the 90-day validity period is over, i.e. before the ESTA expires. If your application is successful, you will be permitted to stay in the United States for another 30 days.
You will have to leave the US within this period. If that is not possible, you should submit another request for a 30-day Satisfactory Departure and your application has to be approved.
What about applying for a new ESTA?
You are allowed to submit a new ESTA application in the same way you did when you applied for the initial one. You can start the application process while you are still in the United States on a valid ESTA, but under no circumstances will you be allowed to remain in the country for a period of longer than 90 days without successfully applying for a Satisfactory Departure.
If you are found guilty of having abused the ESTA requirements it could lead to your applications being unsuccessful in the future. You could even be denied admission to the US.
Another important point to keep in mind is that CBP and USCIS officers approved numerous Satisfactory Departure requests during the first months of the COVID-19 pandemic. This was a time when large numbers of foreign citizens could not return to their home countries because borders were closed or flights were canceled. At the current time, however, the likelihood of a Satisfactory Departure request being approved for this reason is significantly less likely – unless something such as a medical emergency is also negatively impacting your ability to go back to your own country.
Keep in mind that you are allowed to leave the United States and return on an ESTA later. If you, however, only spend a couple of days outside the United States, the CBP official who has to approve your entry might start asking questions.
They may, for example, begin to suspect that you have taken up employment in the US without proper authorization. For that reason, we advise that you make sure you have proof on you to support the reason or reasons why you are returning to the US so shortly after you have left.
When and how can one renew an ESTA?
There isn’t any direct method to update or renew an existing ESTA while you are in the United States. You will first have to leave the US before the current one expires and apply for a new one from outside the country.
When should I renew my ESTA?
To start you have to remember that an approved ESTA is only valid for two years. It also expires the moment your passport expires, which can of course be in less than 2 years.
It is highly recommended that you renew your approved ESTA well before the expiry date. This will help to make sure that your application gets approved before your flight to the US departs and to prevent issues when entering that country. If you intend to travel to the US and your current ESTA will expire soon, we recommend that you submit an online application for a new one well before your departure to that country.
Steps involved in renewing or updating an ESTA
Start by checking your ESTA status.
Before proceeding with the ESTA renewal or update, you should first check the current status of your ESTA travel authorization. It’s quite easy to do: simply send an email to the ESTA website, supplying your passport details, your first name, and your last name. You should soon get an email back showing your current ESTA validity status.
Visit the ESTA website and choose the option to renew an ESTA.
During the process of updating your ESTA details, you will be requested to fill out a new application form. You will have to provide personal info such as your name and address, your passport details, and your contact information.
It is very important to enter all the required information fully and accurately to prevent any possible issues with the application process. After filling out the form, you should, therefore, carefully double-check the info you entered before hitting the submit button. Even the smallest of mistakes could negatively impact your application.
Pay the required fee.
There is a fee involved with updating your ESTA information. Before starting the whole process you should, therefore, first ensure that you have a valid method of payment available. Examples include debit cards and credit cards. Follow the instructions carefully before making the payment.
Submit your application and then wait for approval.
You should get an email confirmation shortly after submitting the form. Print it or save it where you will be able to easily find it later. When you arrive in the United States, you might be asked to show this confirmation email as proof.