To travel to the US visa-free under the Visa Waiver Program (VWP), you will need to satisfy a number of eligibility requirements, including being granted an ESTA  (Electronic System for Travel Authorization).

ESTA is a mandatory requirement for individuals traveling to the US without a visa.

Securing ESTA authorization is preferable to the alternative of having to apply for a US visa – but not everyone is eligible to travel to the US visa-free. If you attempt to enter the US without the required permission, you can be refused entry. And if you answer the ESTA application questions inaccurately, such as failing to declare a past conviction, you can be stopped at the border and denied entry, which can impact your future US immigration applications.

To avoid these issues, you should check that you qualify for ESTA before making your application. If you are not eligible, you would need to look at which visa would instead be needed for your to travel to the US.

In this guide, we explain the eligibility and process requirements to make an ESTA application to be able to visit the US without a visa.

 

What is ESTA?

 

ESTA is an automated security screening system administered by the Department of Homeland Security, Customs and Border Protection. The ESTA application is used to determine eligibility for travel under the VWP.

ESTA is not a visa, nor does it give permission to enter the US. With ESTA authorization, you are permitted to travel to US but Customs and Border Protection officers exercise discretion as to an individual’s admissibility on arrival into the country.

Non-US nationals traveling to the US for no more than 90 must have ESTA approval (unless a visa is required), even if only ‘passing through’ (in transit). This also applies to minors. If you have a valid visa to travel to the US, you will not need to apply for ESTA. The initial security checks will have been carried out as part of your visa application.

 

Are you Eligible for ESTA Authorization?

 

To determine if you will be eligible for ESTA, the following requirements must apply:

 

a. VWP Nationality

You are a national of a participating VWP country (such as the UK). If you are not a VWP national, you are not eligible for visa-free travel under the VWP and you will not be required to apply for ESTA approval.

Under the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015, the VWP cannot be used by Visa Waiver country nationals who have been present in Iran, Iraq, Libya, Somalia, Sudan, Syria or Yemen on or after 1 March 2011, although some exceptions can be made for diplomatic or military-related travel in the service of a Visa Waiver Country. Visa Waiver country nationals who are also nationals of Iran, Iraq, Sudan or Syria similarly cannot enter the USA under the VWP.

In addition, except in limited circumstances, individuals who have traveled to, or stayed in, Cuba since January 12, 2021 are not eligible for visa-free travel to the US. This also applies to anyone with Cuban dual nationality.

 

b. Valid ePassport

You hold a valid e-passport from a participating VWP country, valid for a minimum of 6 months from the date you plan to depart the USA.

 

c. Travel by Air or Sea

You are traveling to the US by air or sea for temporary business or pleasure you are travelling through the US to another destination country (transit).

 

d. For business, pleasure or transit for less than 90 days

You cannot use ESTA to study, work or live in the US. To stay in the US for longer than 90 days, or to travel to the US for a reason that is not permissible under the visa-waiver rules, you would need to apply for an appropriate visa. Your visit to the USA must last no longer than 90 days, and it must be for the purposes of tourism, medical treatment or business only. If your intention is to travel to the USA for a non-permissible activity, such as to take up employment or commence studies, you are not eligible for VWP entry, and must obtain a relevant visa. Similarly, travel to the USA to work as a member of the foreign press is not covered by the VWP.

Remaining in the US beyond your 90 day visit would be a violation of the program conditions and you would be considered an overstayer.

 

e. Not be ineligible to receive a visa under US visa law

The ESTA questions are designed to verify if you are admissible for entry into the States under US immigration law.

For example, as part of your ESTA application, you will be asked to disclose whether you have a criminal record. By confirming you do have a past or current conviction, your ESTA application will be refused.

If you falsely state that you do not have a past conviction, you risk being refused entry at the border. This will also impact future US immigration applications.

In such cases, you should seek legal advice to understand your visa options and whether an application for a waiver of inadmissibility would be required.

 

ESTA Application Form

 

The ESTA application collects biographic information and answers to the VWP eligibility questions.

The application form is made up of the following sections:

 

a. Applicant Information: Within this section, you must state your name, date of birth, gender, the country where you currently live, email address and telephone number (both of these are optional).

b. Passport Information: passport number, passport issuing country, the date your passport was issued and the date your passport will expire.

c. Travel Information: the city where you will be boarding to travel to the USA, information on your carrier (air or shipping company), flight number or the name of the vessel you will be travelling on, your address while in the USA (if there will be multiple locations you should use the first location, if you don’t know the complete address you should enter the name of the hotel or location and update later, and if you will be travelling straight through the USA and not staying then use the words ‘In Transit’ with details of your final destination). It isn’t mandatory to include your entire itinerary and all of your destination addresses, but it is recommended to do so.

 

You will also be required to answer eligibility questions on the following:

 

a. Do you have a communicable disease? In the USA, commonly acknowledged communicable diseases include chancroid, gonorrhoea, granuloma inguinale, human immunodeficiency virus (HIV) infection, leprosy, lymphogranuloma venereum, syphilis, and tuberculosis. If you have been cured or are no longer in the infectious stage, you may answer the question ‘no’ but you are required to provide medical proof that you are not contagious. With lesser common illnesses such as a cold, you can answer ‘no’ to this question.

b. Do you have a physical or mental disorder? Answer ‘yes’ if you currently have a physical or mental disorder and a related history of behaviour that could cause harm to your property, your safety, or the safety and welfare of others. You should also answer ‘yes’ if you had such a disorder and history and the likelihood is that the behaviour will recur and cause harm.

c. Are you a drug abuser or addict? Under US law, drug abusers and drug addicts are not eligible for entry through ESTA.

d. You will be asked if you have been arrested or convicted of an offence or crime that led to serious damage to property or serious harm to a person. This question refers to non-drug related crimes.

e. You will be asked if you have broken any law in relation to the possession, use or distribution of illegal drugs.

f. You will be asked if you are, or have ever been, involved in espionage, sabotage, terrorism or genocide.

g. You will be asked if you have ever mispresented yourself or someone else (given false information) or committed fraud for the purpose of obtaining a visa or other form of entry into the USA.

h. You will be asked if you are seeking to work in the USA or have previously worked in the USA without permission from the US government. The Visa Waiver Programme is designed for non-immigrant foreign nationals who cannot seek permanent employment in the USA. Those who wish to work and live permanently in the USA must apply for the relevant immigrant visa.

i. You will be asked whether you have previously been denied a US visa or other form of entry into the USA, refused entry to the USA, or have had a visa cancelled.

j. You will be asked whether, on any previous periods of time spent in the USA, you have stayed longer than the amount of time granted to you by the US government.

k. Finally, you will be asked whether you have travelled to, or been present in Iraq, Syria, Iran, Sudan, Libya, Somalia or Yemen, on or after 1 March 2011. These countries are seen to carry a security risk by the US authorities. You will also be asked if you have traveled to or stayed in Cuba since January 12, 2021.

 

It perhaps goes without saying that full disclosure is required when answering the questions, including in relation to criminal convictions. It is always advised to be completely open and honest when completing your application to avoid any future allegations of misrepresentation or fraud. You are committing a criminal offense under US law if you fail to answer truthfully and comprehensively, which will impact your future US immigration applications.

 

How to Make Your ESTA Application

 

ESTA applications are made on the official ESTA website or ESTA app and, unlike most US visas, does not require an appointment at your local US Embassy or Consulate. You can apply individually or on a group basis.

When you apply, you will need:

a. you current e-passport from a Visa Waiver country that is valid for at least 6 months after the date you plan to depart the USA

b. to pay the application fee, $21 per applicant

c. your contact details

d. and, if applicable, up-to-date employment information.

 

 

 

How Long is ESTA Application Processing

 

Once you have completed your ESTA application, you will generally be given a decision immediately on whether your application has been successful, although delays can occur during busy periods. The results will return one of the following:

 

a. ESTA Authorization Approved – ESTA authorization is currently valid for travel to the United States.

b. Application Pending – The application is under review and may be subject to additional security checks. A decision can take up to 72 hours.

c. ESTA Application Expired – ESTA is no longer valid and you will need to make a new application online in advance of travel.

d. Application Not Found – This status indicates that either incorrect information has been input which does not match with ESTA records, or no such current or previous ESTA exists. It could also be due to payment of the application fee not being made, or technical issues, such as internet connection problems, preventing the application from having gone through to be processed.

e. ESTA Application Not Authorized – The application has been denied and you are not permitted to travel visa-free. You will instead need to apply for a relevant visa to travel to the US.

 

If your ESTA is not approved immediately, it may be due to further information or investigation being required before a decision is made. In this case, the response will usually take up to 72 hours.

Due to the fact that there can be a delay in processing your application, it is recommended that you make your ESTA application no later than 72 hours before your departure.

 

ESTA Application Successful

 

If your ESTA application is successful, confirmation will be forwarded to you by email. You are now pre-screened and valid to travel under the Visa Waiver Program.

It’s important to note that ESTA approval does not guarantee entry into the USA. It is a pre-screening process granting the individual permission to travel to the US, but entry remains subject to the discretion of US border control.

Although the ESTA system is entirely online and communication is electronic, it is advisable to print out a copy of your confirmation email for when you are traveling, especially if you are unable to access your emails at that time. At the very least, keep a note of your ESTA individual application number with you when you travel to the USA, in the event US immigration control speak with you at the border.

ESTA approval remains valid for multiple visits to the US. It is recommended (albeit not mandatory) that you update the information about your US travel and accommodation arrangements for each trip to avoid delays on arrival. This should help to avoid delays at border control due to additional questions or information requests.

If you plan to visit Canada, Mexico or any of the nearby islands during your stay in the USA, your ESTA will usually be accepted for you to travel back into the USA as long as it is within your 90-day VWP limit.

 

How Much is an ESTA Application?

 

The ESTA application costs $21 for each applicant.

Note that it is only the authorization fee and not the processing fee that can be refunded in the event of a refused application.

 

ESTA Validity Period

 

ESTA is valid for two years from the date of issue unless your passport expires or permission is revoked before the two-year point. In which case, travel authorization will be lost and you will need to reapply.

During the two-year ESTA period, you will also need to reapply if you have a change of name, gender or country of citizenship, and also if you are no longer eligible under a change in the ESTA rules.

With each new application, a new fee will be payable.

ESTA allows for multiple visits to the USA within the validity period, provided you remain eligible. Your ESTA has to be valid when you enter the US although it should not be a problem if it expires while you are in the US. You would however need to reapply for authorization before your next trip to the US under the VWP.

 

If your ESTA Application is Refused

 

There are many reasons why your travel authorization application may be refused. For example, due to your nationality or if you have a criminal conviction.

If you’ve received a Travel Not Authorized response, take advice on your specific situation as a refused ESTA does not in itself mean you will not be able to gain valid entry to the US.

A denied ESTA cannot be appealed, but this does not in itself mean you cannot travel to the US. It simply means you cannot travel visa-free under the VWP.

Depending on your circumstances and the reason for refusal, there may be alternative visa or entry options that you could pursue beyond the VWP, for example, business travelers would in most cases apply for the B-1 visa.

It may be that you also make an application for a waiver of inadmissibility. This can be a complex area, requiring full disclosure to USCIS. We have specialist expertise in securing waivers for travelers to the US; contact us for expert advice.

 

Do Children Need ESTA?

 

For a child to travel under the VWP, they must make an individual ESTA application.

They must also meet all VWP requirements and possess their own e-passport. It is not possible for a child to travel on their parent’s passport under the VWP.

 

ESTA Application FAQs

 

What is an ESTA, and who needs it?

 

The Electronic System for Travel Authorization (ESTA) is an automated system that determines the eligibility of visitors to travel to the United States under the Visa Waiver Program (VWP). Citizens of VWP-participating countries need to obtain an approved ESTA before boarding a US-bound flight or vessel.

 

How do I apply for an ESTA?

 

To apply for an ESTA, you need to complete the online application form available on the official US Customs and Border Protection (CBP) website. The form requires personal information, travel details, and responses to eligibility questions. Once you submit your application, you will be required to pay a fee using a credit or debit card.

 

How long does it take to get an ESTA approval?

 

ESTA applications are typically processed quickly, often within minutes. However, it is recommended to apply at least 72 hours before your departure to allow for any unforeseen delays or issues. You will receive an email notification once your application has been processed, and you can check the status of your application on the CBP website.

 

How long is an ESTA valid for?

 

An approved ESTA is valid for two years or until your passport expires, whichever comes first. During this period, you can travel to the US multiple times without needing to reapply, provided that each stay does not exceed 90 days and the purpose of your travel complies with the terms of the Visa Waiver Program.

 

Can I update my ESTA information after submitting the application?

 

Yes, you can update certain information on your ESTA application after it has been approved. This includes your email address and US destination address. However, you cannot update personal information such as your name, passport number, or country of citizenship. If there are changes to these details, you will need to submit a new ESTA application.

 

What should I do if my ESTA application is denied?

 

If your ESTA application is denied, you should review the denial notice to understand the reason for the denial. Common reasons include incorrect or incomplete information, or not meeting the requirements of the Visa Waiver Program. If you believe the denial was due to an error, you can reapply with the correct details. Otherwise, you will need to apply for a regular US visa at a US Embassy or Consulate. Contact our experts if you require specialist advice.

 

Do I need to print my ESTA approval?

 

While travelers are not required to print their ESTA approval, it is recommended to keep a copy for your records. The approval is electronically linked to your passport, so airline staff and US Customs and Border Protection officers can verify it when you travel. Having a printed copy can be useful in case of any technical issues or discrepancies.

 

What information is required for the ESTA application?

 

The ESTA application requires personal information such as your name, date of birth, and passport details. You will also need to provide travel information, including your US destination address and emergency contact information. Additionally, you must answer eligibility questions regarding health, criminal history, and past immigration violations.

 

Can children apply for an ESTA?

 

Yes, children, regardless of age, must have their own ESTA to travel to the US under the Visa Waiver Program. Parents or guardians can complete the application on behalf of their children. Each child must have their own passport to be eligible for an ESTA.

 

Is there a fee for the ESTA application?

 

Yes, there is a $21 fee for the ESTA application.

 

This article does not constitute direct legal advice and is for informational purposes only.