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My situation is as following:

I plan to visit NY for 2 weeks (with a valid refundable ticket back to germany as an "onward" ticket), then fly to the Dominican Republic (DR) for 2 weeks, return once more to NY for 1 week and afterwards leace the US for 3 months to DR (from where I then plan to fly to germany).

My flight back from DR to Germany would surpass the 90 day ESTA-limit. However, I do not plan on reentering the US after going to DR for 3 months, but flying to Germany (where I`m from).

As I couldn't find information online I'm asking myself: Will there be any problem trying to reenter the US at some point in the future if I leave the DR after the 90 day limit? (the way I understood ESTA it shouldn't, only reentering the US should be a problem as the days in the DR are counted within the 90day mark).

Thanks in advance

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    Just to check: when you travel from the DR to Germany, does your flight have a layover in the US? If so, then you will be re-entering the US at that time (briefly) since the US does not have sterile international transit.
    – Nate Eldredge
    Commented May 26, 2019 at 14:15
  • no my flight will be without stops directly to germany.
    – Traveler 21
    Commented May 28, 2019 at 6:21

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The "neighboring countries" clause in the Visa Waiver Program is intended as a way of stopping people from doing "visa runs" to neighboring countries to re-start their Visa Waiver clock.

In your case you are clearly not visiting the DR as a "visa run", so you will not have any issues at all.

In practice, presuming you are leaving the US by air, then when you travel from the US to the DR you will be deemed to have left the US.

On your return to the US, the immigration staff will see your prior visit, and have the ability to basically "re-open" your previous stay, meaning you previous 90 day period will continue - giving you ~2 months further legal status in the US. (In practice they are just as likely to treat you as a new entrant and give you another 90 days, but either way will work for you in this case)

When you leave the US the second time you will once again be deemed to have left the US. As you have no plans to re-enter from the DR, then that is treated as your final exit date from the US on this visit.

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