Visa Waiver Program
 

I’m British and travel to the US under the Visa Waiver Program, so can stay for 90 days at a time. Ordinarily, I’d fly back to the UK for a week before returning. I know going to Canada or Mexico doesn’t count.

Howevwr, I’ve got a vacation in India coming up, and I’m struggling to work out whether I can fly directly from New York to Delhi, and back, and then get another 90 days in the US, or do I need to stop in the UK en route?

Short trips to Canada, Mexico or "nearby islands" do not count as leaving the United States. See "Trips to Canada, Mexico or nearby islands" here; https://travel.state.gov/content/travel/en/us-visas/tourism-visit/visa-waiver-program.html
By inference, travel from the US to India certainly does qualify as "departing the United States" for purposes of VWP.

Right. That, coupled with a note on the US Embassy in London’s website stating that VWP eligible travellers can fly in from anywhere in the world, not just VWP countries, makes me think I have no issues here.

i still need to fly with in with an eligible carrier, but my choices for the route are AA and United; so that’s no problem.

I would be wary of doing this on a very regular basis lest it arises the CBPs suspicions that you are somehow not a visitor for one of the approved purposes but actually living in the US and using the VWP to get around the system.

is this something you’ve experienced? I’ve been advised by others that I’m unlikely to have any problems over the courts of a single ESTA (good until May 2026).

I feel I can justify calling myself a visitor because I have a residence, family and commitments back home.

I’ll be home for a weekend in September, then India in November, and home for the whole week over Christmas. Home again for two weeks in January. Etc.

I’m spending most of my time in the US, but never getting dangerously close to the 90 day single trip limit.

i do intend to start the process of getting an EB-5 next spring, but I can’t make my investment until then.