If you plan to visit the United States for tourism, business or transit for up to 90 days, you may be eligible to enter the country without a traditional visa, provided you have an approved ESTA.

ESTA stands for Electronic System for Travel Authorization. Securing ESTA authorization is preferable to applying 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 you to travel to the US.

In this guide, we explain the eligibility and process requirements to make an ESTA application to visit the US without a visa and consider the options for those who are not eligible for ESTA.

Section A: What is the ESTA Program?

The Electronic System for Travel Authorization (ESTA) is an automated system used by the US government to screen travelers from countries participating in the Visa Waiver Program (VWP). ESTA authorization is a mandatory requirement for individuals traveling to the US without a visa.

1. 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 the 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.

2. What is the Visa Waiver Program (VWP)?

The Visa Waiver Program is an agreement between the United States and select countries that allows their citizens to visit the US for up to 90 days without obtaining a traditional visa. Currently, there are around 40 participating countries, mostly in Europe and Asia, such as the United Kingdom, Japan, Germany, and Australia. Travelers from these countries can enter the US more easily, provided they secure an ESTA authorization before departure.

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).

All travelers require ESTA authorization to travel under the VWP, including all children of all ages. They must also meet all VWP requirements and have their own e-passport. It is not possible for a child to travel on their parent’s passport under the VWP.

3. Is ESTA a Visa?

ESTA is not, in fact, a visa. It is the pre-screening system that allows travelers to avoid the lengthy visa application process while ensuring they meet the necessary security and eligibility requirements before boarding a flight or ship bound for the US.

While a traditional US visa involves a lengthy application process, including interviews at an embassy or consulate, the ESTA is a much simpler, fully online process that typically takes just a few minutes to complete. The main differences are:

[Insert table 7: ESTA vs Visa Differences]

a. Application Process: ESTA is entirely digital, while visas require in-person appointments.

b. Eligibility: ESTA is only available to citizens of VWP countries, whereas traditional visas are required for non-VWP travelers.

c. Duration: An approved ESTA allows for short stays (up to 90 days), while traditional visas can permit longer durations and extensions, depending on the visa type.

With an approved ESTA, travelers can stay in the United States for up to 90 days per visit. This period cannot be extended or converted to a different visa type while in the country. The ESTA itself is valid for two years from the date of approval or until your passport expires, whichever comes first. This means you can visit the US multiple times within this two-year period, provided each trip is less than 90 days and meets the criteria of the Visa Waiver Program.

Section B: ESTA or Visa to Travel to the US?

When planning a trip to the United States, one of the first decisions you’ll need to make is whether to apply for an ESTA or a traditional visa. Both options allow entry into the US, but they differ significantly in terms of eligibility, application process, permitted stay, and purpose of travel.

[Insert table 9: ESTA or Visa?]

1. Eligibility: ESTA vs. Visa

Not all travelers to the US are eligible for the VWP. So, while ESTA simplifies the entry process, not everyone qualifies. The ESTA application is designed to determine eligibility for visa-free travel by assessing the applicants against the ESTA criteria.

The ESTA is specifically designed for citizens of countries that participate in the Visa Waiver Program (VWP). If you hold a passport from one of the approximately 40 eligible countries, you can apply for an ESTA for short-term visits to the US for tourism, business, or transit. In contrast, travelers from non-VWP countries or those who do not meet ESTA requirements must apply for a traditional visa, such as the B1 (business) or B2 (tourist) visa.

If you have a criminal record, previous visa denials, or have visited countries restricted under US policies, you may not qualify for an ESTA, even if you are a citizen of a VWP country. In these cases, applying for a visa is your only option.

2. Application Process

The ESTA application process is quick, fully digital, and straightforward. It typically takes about 20 minutes to complete online, and most applicants receive approval within minutes, though it can take up to 72 hours in rare cases. There is no requirement for an in-person interview or physical documentation submission.

On the other hand, applying for a visa involves a more complex and time-consuming process. Applicants must complete the DS-160 form, schedule an appointment at a US embassy or consulate, attend an in-person interview, and provide supporting documents, such as financial proof, travel itineraries, and employment details. Visa processing times vary and can take weeks or even months, depending on the embassy’s workload and the type of visa.

3. Duration of Stay

An ESTA allows visitors to stay in the US for up to 90 days per visit. The authorization itself is valid for two years or until your passport expires, whichever comes first, and you can use it for multiple entries during this period.

In contrast, visas such as the B1/B2 visa often allow for longer stays, typically up to six months per visit. Additionally, visas have longer validity periods, often ranging from five to ten years, depending on your nationality and the type of visa.

4. Purpose of Travel

The ESTA is ideal for short trips for tourism, business meetings or transit. However, it does not permit activities such as employment, studying, or staying for extended periods. If your trip involves attending a university, working in the US, or relocating, you will need to apply for a visa tailored to that purpose, such as an F-1 student visa or an H-1B work visa.

5. Cost

The ESTA application fee is a flat $21, making it the most affordable option for eligible travelers. Traditional visas, on the other hand, have significantly higher application fees, typically starting at $160 USD for non-immigrant visas like the B1/B2.

Section C: ESTA Requirements

Travelers must obtain ESTA approval before boarding a flight or ship to the US. It’s important to apply well in advance since processing can take up to 72 hours. If your ESTA application is denied, you will need to apply for a traditional visa.

Eligibility for ESTA is determined by specific criteria set by the United States as part of the Visa Waiver Program.

1. Eligibility Criteria for ESTA

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

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 March 1 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 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 leisure, or 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.

2. Visa Waiver Program Countries List

The Visa Waiver Program is open only to participating countries whose citizens are eligible to apply for an ESTA instead of a traditional visa.

[insert table 8: VWP Countries]

For a full and updated list of participating countries, travelers should refer to the official US Department of Homeland Security website.

3. ESTA Eligibility Questions

Most confusion and issues relating to ESTA applications concern the eligibility questions.

You must answer all of the ESTA questions honestly and factually.
Answering ‘Yes’ to any of these would render you ineligible, and your application will be denied.

To help you prepare, we have set out the eligibility areas you will be questioned on in the ESTA application form.

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, those who use illegal drugs or who have an addiction to illegal substances 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 misrepresented 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 Program 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, in 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 traveled to or been present in Iraq, Syria, Iran, Sudan, Libya, Somalia or Yemen on or after March 1 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. You must also declare if you hold dual citizenship with any of these aforementioned countries.

It perhaps goes without saying that full disclosure is required when answering the questions, including in relation to criminal convictions. 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.

If you are concerned about how issues such as spent convictions, arrests or cautions may impact your eligibility for ESTA, speak to our US immigration attorneys for guidance on your options.

4. Travelers Ineligible for ESTA

ESTA is not required if you already hold a valid B1/B2 visa or another type of US visa suitable for the purpose of your visit or if you are entering the US via land from Canada or Mexico (though an ESTA is recommended for ease).

The following are not eligible for visa-free travel to the US:

a. Individuals travelling to study or take up paid employment in the US
b. Nationals of non-VWP countries
c. Nationals of VWP countries who hold dual citizenship with Cuba, Iran, Iraq, Sudan and Syria
d. Nationals of VWP countries who have travelled to Iran, Iraq, Libya, Somalia, Syria, Sudan and/or Yemen since March 2011 (diplomats and military personnel exempt)
e. Individuals who have traveled to Cuba on or after January 12, 2021
f. Individuals who have previously been denied entry at the US border or deported from the US
g. Individuals who have previously broken US immigration laws e.g. ‘overstayers’
h. Individuals who have committed a crime involving moral turpitude
i. Individuals suffering from a communicable disease
j. Individuals planning to remain in the US for longer than 90 days

If you are ineligible for ESTA authorization, you would need to apply for an appropriate visa and, in some cases, a waiver of inadmissibility.

Section D: How to Apply for ESTA

If you are confident you are eligible, you should proceed to make the application.

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

1. 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.

2. Step-by-Step Guide to Applying for an ESTA

Applying for ESTA authorization involves the following:

[Insert table 4: Step-by-Step ESTA Application Process]

Step 1: Visit the Official ESTA Website
The first step is to go to the official ESTA application website managed by US Customs and Border Protection to access the form: https://esta.cbp.dhs.gov.

Ensure you use the official website to avoid third-party fees and potential scams. Make sure the website address includes “.gov” to confirm it is an official government site.

You may also opt to download the official App to complete the form on your smartphone or tablet.

Step 2: Fill Out the Application Form
Once you’re on the official site, click on the “Apply for ESTA” button to begin your application. You’ll need to fill out a detailed form with the following personal information:

a. Personal Details: Full name, date of birth, nationality, and passport details.

b. Travel Information: Your US contact information (if applicable) and details of your travel plans (like your flight and accommodation, if known).

c. Security Questions: You’ll be asked a series of eligibility and security questions related to your criminal history, past visa denials, and health conditions.

Be as accurate as possible when filling out the form. Any discrepancies between the information provided and your passport details can result in your application being rejected.

Step 3: Review & Submit Your Application
Before submitting, it’s essential to review all the information you’ve entered. Double-checking your details can save you from common mistakes that may lead to delays or denials. Pay special attention to your passport number and expiration date, name spelling (as it appears on your passport and email address to receive your ESTA confirmation.
Once you’re confident that all the information is correct, click on the “Submit” button.

Step 4: Pay the ESTA Fee
After submitting your application, you’ll be prompted to pay the required ESTA fee, which is $21 USD as of the latest update. The fee is non-refundable, even if your ESTA is denied.

Step 5: Processing
After payment, your ESTA application is processed. In most cases, you’ll receive a response almost immediately. However, it can take up to 72 hours in some instances. You can check your application status on the same website using your application ID.

2. How Much Does an ESTA Cost?

The ESTA application costs $21 for each applicant.

Additional fees may also apply, depending on your circumstances.

If you are using a credit or debit card that charges foreign transaction fees, you may incur extra costs depending on your bank’s policies.

Note that if your payment card is not in US Dollars, the fee will usually be converted into Dollars at the prevailing currency exchange rate at the time of payment.

Be cautious of third-party websites that claim to process your ESTA for you. These sites often charge significantly higher fees than the official US government website. Always use the official site at https://esta.cbp.dhs.gov to avoid these unnecessary surcharges.

3. 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.

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.

Currently, there is no expedited processing option for ESTA applications.

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.

However, applying earlier (preferably a few weeks in advance) is always a good idea to account for any potential delays.

4. ESTA Decision

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 being 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 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.

Your ESTA is electronically linked to your passport, so there’s no physical document needed.

Your approved ESTA is valid for two years or until your passport expires, whichever comes first. During this period, you can make multiple trips to the US, each visit lasting up to 90 days.

If denied, you may still apply for a traditional visa at a US embassy or consulate.

Section E: ESTA Application Tips

Applying for an ESTA is a straightforward process, but even minor mistakes can result in delays or rejection. The following are common issues that applicants face, along with tips and solutions to help you avoid them.

Issue 1: Incorrect Passport Details

Entering incorrect information such as your passport number, expiration date, or nationality – even a single-digit error – can lead to application denial or complications at the border.

Double-check all passport details before submission. Ensure the numbers, spelling, and expiration dates match your passport exactly.

Issue 2: Name Discrepancies

Names on the application that do not match the passport, for example, missing middle names or incorrect spelling, can confuse the system.

Enter your full name exactly as it appears on your passport, including middle names and suffixes, if applicable.

Issue 3: Incorrectly Answering Security Questions

Misunderstanding or providing incorrect answers to eligibility and security questions, such as questions about prior visa denials or criminal records, will cause issues.

Carefully read and understand each question before answering. If unsure, seek clarification to ensure your answers are accurate and truthful.

Issue 4: Using an Expiring or Outdated Passport
ESTA approval becomes invalid if your passport expires before your travel.
Ensure your passport is valid for at least six months beyond your travel dates. Renew your passport if necessary before applying for ESTA.

Issue 5: Applying Through Third-Party Websites
Many unofficial websites charge extra fees and can introduce errors in your application or even scam travelers.

Always apply through the official ESTA website: https://esta.cbp.dhs.gov. This ensures your application is processed securely and at the official fee.

Issue 6: Submitting Incorrect Information
If you realize you’ve made an error after submitting your application, you should update your email address or US destination address on the ESTA website.

For mistakes in passport details, name, or date of birth, submit a new application with the correct information. Unfortunately, the fee must be paid again.

Issue 7: Late Application
Applying too close to your departure date leaves little room to address delays or rejections.

While approvals are often instant, some applications take up to 72 hours.
Applying early allows you time to fix mistakes or pursue alternative travel documents, such as a visa, and having your ESTA approved well before travel ensures you can focus on trip planning without worrying about entry requirements.

Section F: ESTA Travel Advice

While securing ESTA approval can help simplify and streamline your travel plans, there are still considerations and steps to take to avoid issues when you travel at the border.

1. Traveling with Proof of ESTA

There is no requirement on travelers to carry a printed copy of their ESTA authorization since ESTA is an online system accessible by border authorities. However, we advise travelers to carry a hard copy in case of any issues at the border.

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 speaks with you at the border.

It is also advisable to check if the airline you are traveling with has specific rules, as some require passengers to present a printed copy of their ESTA authorization.

2. At the US Border

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.

You may, therefore, be questioned at the border to verify your eligibility before you are given permission to enter.

If the official is not satisfied that you are eligible for entry under the VWP, you may be refused entry and have to board a return flight.

3. Update your ESTA

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.

4. Check Passport Validity

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.

While your ESTA only needs to be valid on the day you enter the USA, travelers must ensure their passports are valid for at least six months beyond their intended stay.

Section G: Managing your ESTA

ESTA is valid for two years or until your passport expires, whichever comes first. During this time, there may be circumstances that require you to update certain information on your ESTA. While not all details can be changed after approval, some updates are essential to ensure your travel authorization remains valid and accurate.

1. When Do You Need to Update Your ESTA?

If your travel itinerary changes, including your US contact address or destination, you need to update this information on your ESTA. For example, if you originally planned to stay in New York but decide to visit Los Angeles instead, update the address to reflect your new accommodation.

Your ESTA approval and notifications are sent to the email address provided in the application, so if your email address changes, it’s important to update it to ensure you receive all relevant communications.

Also, if your emergency contact information changes (such as a new point of contact or updated phone number), you can update this detail on your ESTA.

To update your ESTA, log in to the ESTA website. Use your application number and passport details to retrieve your existing ESTA. Update the relevant permitted fields, such as your email address or US destination.
Save and confirm the updates to ensure your ESTA remains current.

2. When You Need a New ESTA

Even if your ESTA is still valid, there are specific situations where you must apply for a new one:

a. Passport Change: If you obtain a new passport due to expiration, loss, or a name change, you will need a new ESTA linked to the updated passport number.

b. Personal Information Changes: If your name, gender, or nationality changes, a new ESTA application is required.

c. Criminal History or Eligibility Changes: If you experience changes to your health, legal status, or answers to the security questions, you must reapply. For example, anyone who has traveled to Cuba since January 2021 is no longer ESTA-eligible and will instead need to apply for a visa.

d. Overstaying a Previous ESTA: If you overstayed the 90-day limit on a previous trip, your current ESTA may be invalid, and you may need to apply for a visa instead.

3. Renew an Expired ESTA?
There is technically no “renewal” process for an ESTA. Once it expires, you will need to submit a new application to obtain a fresh authorization.

Visit the official ESTA website or use the official App. Complete the application form and pay the application fee. In most cases, approval is instant, but it can take up to 72 hours.

It’s best to apply for a new ESTA before your current one expires if you have upcoming travel plans, ensuring you avoid any issues at the border.

Section H: What to Do if Your ESTA is Denied

While a denied ESTA can be an inconvenience, it doesn’t have to end your plans to visit the United States.

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.

1. Common Reasons for ESTA Denial

There are several reasons why your ESTA application might be denied. Here are some of the most common grounds:

[Insert table 5: Common ESTA Denial Reasons and Solutions]

a. Incorrect or Incomplete Information: Errors in your application, such as typos in your passport details or name, can lead to automatic rejection.

b. Criminal Record or Previous Visa Issues: If you’ve previously overstayed a US visa, been deported, or have a criminal history, your ESTA application may be denied.

c. Health-Related Issues: If you’ve answered “yes” to questions about communicable diseases or other health concerns, your application could be affected.

d. Ineligibility for the Visa Waiver Program (VWP): If you’ve visited countries restricted by US immigration policies (like Iran, Iraq, or Syria) after March 1, 2011, you may not qualify for ESTA.

e. Security and Eligibility Concerns: If your answers to the ESTA security questions raise concerns, such as suspected ties to terrorism, it can lead to rejection.

2. Steps to Take If Rejected

If your ESTA application is denied, it’s essential to remain calm and consider the following steps:

a. Review the Denial Notice: Carefully read the email or notification explaining why your ESTA was denied. Sometimes, it could be a simple error that can be corrected.

b. Reapply for ESTA (If Applicable): If you suspect there was a mistake in your application (like incorrect information), you may submit a new application with corrected details. Note that you’ll need to pay the $21 fee again.

c. Apply for a Traditional Visa (B1/B2): If your ESTA is repeatedly denied, you may still be eligible for a B1 (business) or B2 (tourist) visa. This involves a more thorough application process, including an interview at a US embassy or consulate. The B1/B2 visa allows for longer stays (typically up to 6 months) and may be a good alternative if ESTA is not an option.

d. Consider Legal Assistance: If you’re unsure why your ESTA was denied, or if you’ve been denied multiple times, it might be helpful to consult with an immigration attorney who can guide you through the visa process.

Section I: Summary

ESTA (Electronic System for Travel Authorization) is a travel authorization program developed by the United States for citizens of Visa Waiver Program (VWP) countries. It allows eligible travelers to visit the US for tourism, business, or transit purposes without needing a traditional visa. The process is entirely digital, requiring applicants to fill out a form and pay a small fee, making it a fast and convenient option for short trips.

While ESTA is widely regarded as a user-friendly solution for travel authorization, several risks and considerations should be kept in mind. Errors in the application, such as incorrect passport details or name discrepancies, can lead to rejections. Applicants with prior visa denials, criminal records or recent travel to restricted countries may find their applications denied and may need to apply for a visa and waiver instead.

Applying well in advance is strongly recommended to account for potential delays.

Section J: Need Assistance?

Dealing with an ESTA denial, visa complications, or uncertain immigration requirements can be daunting. Speak to our experienced US immigration attorneys for advice on applying for the right visa to resolve complex issues like inadmissibility or prior denials.

Section K: ESTA Visa 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?

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?
There is a $21 fee for the ESTA application.

Can I use ESTA to travel to the US for business?
You can rely on ESTA to travel to the US visa-free, provided your intended business activity qualifies under the VWP, for example, attending exhibitions, conferences, meetings, consultations and job fairs or negotiating contracts. You cannot carry out gainful employment during your stay. You will also not be able to stay in the USA for more than 90 days without a visa.

Section L: Glossary

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Section M: Additional Resources

Official ESTA Application Website
https://esta.cbp.dhs.gov
This is the official US Customs and Border Protection website for applying for an ESTA. It provides the latest information on eligibility, application processes, and fees.

Visa Waiver Program Overview
https://travel.state.gov/content/travel/en/us-visas/tourism-visit/visa-waiver-program.html
Learn more about the Visa Waiver Program (VWP) and find an updated list of participating countries on the US Department of State’s official website.

US Customs and Border Protection (CBP)
https://www.cbp.gov
Access information about entry requirements, customs declarations, and traveler programs directly from US Customs and Border Protection.

US Department of Homeland Security (DHS)
https://www.dhs.gov/esta
Find detailed information on ESTA, its role in national security, and traveler eligibility provided by the Department of Homeland Security.

U.S. Embassy & Consulates Worldwide
https://www.usembassy.gov
Locate your nearest US embassy or consulate for guidance on visa applications and other travel-related queries.

Travel Redress Inquiry Program (DHS TRIP)
https://trip.dhs.gov
Use this resource if you’ve experienced issues with your ESTA application, such as a denial or delay, and need assistance in resolving travel-related concerns.

US Department of State Visa Information
https://travel.state.gov/content/travel/en/us-visas.html
Comprehensive information about all types of US visas, including application processes, requirements, and embassy procedures.

US Travel Advisory Updates
https://travel.state.gov/content/travel/en/traveladvisories/traveladvisories.html
Stay updated on the latest travel advisories issued by the US Department of State to ensure safe and informed travel.