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KurtDarryl23

ESTA Question

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Filed: K-1 Visa Country: United Kingdom
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Hello,

 

If I have been travelling on the ESTA programme a few times and have stayed in the US for say 100 days in total and I renew my passport and apply and get a new ESTA does that reset the 180 day limitation as your travelling under a new ESTA on a new passport?

 

If I am using my new passport and new ESTA will they automatically be able to pull up my previous visits when passing border control?

 

Thanks for the info,

 

K

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There is no such thing as a 180 day limit. You are granted 90 days per entry via the VWP. You can visit as many times as you like within a year, subject to CBP inspection. Spending too much time in the US may make them believe you are living in the US instead of just visiting.

The better question is how much time are you spending in the US inside of it vs outside of it? You say 100 days in the US, but over what timeframe is that?

Changing passports does not impact this at all. They will see your entire history at entry. A new passport does not reset anything.

 

While there is no 180 day limit, there are possible consequences for spending too much time in the US - namely in terms of US taxes, possible loss of coverage of benefits abroad that require physical presence, etc.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Any entries (and anything negative to do with them, such as entry denials, overstay bans etc) belong to you, not your passport. New passport, different country passport, etc doesn’t matter. Imagine the security implications if all it took to hide something from CBP was a new passport. 

Edited by SusieQQQ
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