Visa Waiver Program: Complete Guide for 2024

By Nita Nicole Upadhye

Table of Contents

If you want to travel to the US on a short-term basis for business or leisure, before looking at the visa options, you should first consider your eligibility to travel visa-free under the Visa Waiver Program (VWP).

Under the VWP, citizens of visa waiver countries may be permitted entry to the US for up to 90 days for business or tourist purposes or for transit, without having to apply for a US visa.

The VWP was established to facilitate easier travel for visitors from trusted nations.

Given the time and cost demands of applying for a US visa, for most visitors, it is preferable to travel without the need to obtain a visa. However, travelers will need to meet all of the qualifying requirements under the VWP to be eligible for visa-free travel. This means applying for ESTA authorization.

ESTA stands for ‘Electronic System for Travel Authorization’. It is an online pre-screening process designed to ease the administrative burden on US authorities in processing short-term visa entry applications.

In this guide, we explain what the Visa Waiver Program is, how it works, and how to secure permission to travel to the US visa-free through the VWP. We also look at the position of travelers who are not eligible to travel visa-free.

Section A: What is the Visa Waiver Program (VWP)

The Visa Waiver Program (VWP) is a US government initiative that allows citizens of specific countries to travel to the United States for tourism, business, or transit purposes without the need for a visa.

Under this program, eligible travelers can stay in the US for up to 90 days without undergoing the lengthy visa application process, provided they meet certain requirements, such as having an approved Electronic System for Travel Authorization (ESTA) and the purpose of travel must meet the rules under the B visitor visa category.

For travelers, the VWP offers a more convenient way to visit the US, reducing the time, cost and paperwork typically associated with visa applications.

[Insert Table 5: Travel Purposes Allowed Under the VWP]

1. Evolution of the Visa Waiver Program (VWP)

The Visa Waiver Program (VWP) was officially introduced in 1986 under the Immigration Reform and Control Act (IRCA).

Initially launched as a pilot initiative, the program was designed to streamline entry for citizens of select countries with low immigration risks, promoting tourism and fostering closer economic ties with trusted allies.

The VWP aimed to reduce the workload on US consular offices by allowing visa-free travel for short-term business and tourism and facilitating cultural exchange and economic growth.

In its early years, the VWP was limited to a few Western European nations. However, as the program proved successful, it gradually expanded to include countries in Asia, Oceania, and other regions. The criteria for participation were stringent, requiring low visa refusal rates, reciprocal travel agreements, and strong security measures. By 1991, countries like Japan, Australia, and New Zealand were added, reflecting increased confidence in the program’s benefits.

Over the years, the VWP has evolved significantly, particularly in response to global security challenges:

a. 2001: Following the September 11 attacks, the VWP underwent a major overhaul. The Enhanced Border Security and Visa Entry Reform Act introduced stricter passport controls and mandated information-sharing between participating countries and US authorities.

b. 2007: To enhance pre-travel screening, the Electronic System for Travel Authorization (ESTA) was launched as part of the 9/11 Commission Act. This online system became mandatory for VWP travelers, allowing US Customs and Border Protection (CBP) to screen travelers before they board flights.

c. 2015: In response to rising global terrorism, the Visa Waiver Program Improvement and Terrorist Travel Prevention Act was enacted. The legislation restricted VWP eligibility for individuals who had traveled to high-risk countries (such as Syria, Iraq, Iran, and Sudan) and introduced biometric passport requirements for greater security.

d. 2024: The VWP continues to adapt to modern challenges. Recent updates by the Department of Homeland Security have incorporated advanced data analytics and AI-driven background checks into the ESTA process to identify potential risks more effectively, ensuring that the program remains secure and efficient.

2. Differences Between VWP and ESTA

The Visa Waiver Program (VWP) and the Electronic System for Travel Authorization (ESTA) are related but distinct components of the process for visa-free travel to the United States.

The Visa Waiver Program (VWP) is a US government initiative that permits citizens of participating countries to travel to the United States for tourism, business, or transit without requiring a visa.

The Electronic System for Travel Authorization (ESTA) is the pre-screening measure for travelers looking to travel under the VWP. Unlike a traditional visa, ESTA is an electronic travel authorization that allows eligible visitors to board flights or ships bound for the United States. Applicants must complete the ESTA process online at least 72 hours before travel, answering a series of security-related questions. Once approved, an ESTA remains valid for two years or until the traveler’s passport expires, whichever comes first, and can be used for multiple trips. The primary purpose of the ESTA process is to enable US Customs and Border Protection (CBP) to assess potential security risks before travelers arrive, ensuring the safety of US borders.

3. Differences Between ESTA and a B1/2 Visa

While both ESTA and the B1/B2 permit travel to the US, they differ significantly in their application process, permitted activities and flexibility. While the ESTA is a streamlined, electronic travel authorization available to citizens of Visa Waiver Program countries, the B1/B2 visa is a traditional visa that allows broader privileges but involves a more comprehensive application process.

[Table 2: ESTA vs. Traditional Visa (B1/B2)]

ESTA applications require minimal documentation, while visa applications often require extensive paperwork, proof of financial stability, and an interview.

The ESTA application is entirely online, straightforward, and usually approved within minutes or hours. In contrast, obtaining a traditional visa (e.g., B1/B2) involves a lengthy process, including a consular interview at a US embassy or consulate.

The ESTA fee is also comparatively low at $21.

Traditional visa applications can take weeks or even months to process, whereas ESTA approvals are typically issued within 24-72 hours.

The VWP allows a maximum stay of 90 days without the possibility of extension or change of status. In contrast, a traditional visa (like the B1/B2) may allow stays of up to 6 months, with the possibility of extensions or changes of status.

Travelers who have been denied an ESTA, have criminal records, or have previously overstayed in the US are generally ineligible for the VWP and must apply for a traditional visa.

4. Benefits of Travel under the Visa Waiver Program

One of the most significant benefits of the VWP is the ability to travel to the United States without the need for a traditional visa. This means that travelers from VWP-eligible countries can bypass the lengthy, costly and often cumbersome visa application process.

Travelers can also complete the application from anywhere in the world without needing to visit a consulate or submit physical documents.

ESTA applications are typically processed within 24-72 hours, and many are approved instantly. This expedited process is particularly advantageous for last-minute travel plans, such as urgent business meetings or spontaneous vacations.

Travelers who meet the VWP requirements can simply book their flights, apply for ESTA, and be on their way without the hassle of visa appointments and interviews.

The ESTA fee is also relatively low, at $21 per applicant, which is significantly cheaper than a traditional visa requiring consular processing.

For business travelers, the VWP provides a flexible, hassle-free option for attending conferences, meetings, or negotiating contracts in the US.
The streamlined entry process allows companies to more easily collaborate with US partners, fostering international trade and investment.

The program also enables foreign businesses to explore opportunities in the American market without the time-consuming visa procedures, thus encouraging foreign direct investment.

Section B: Who is Eligible for the Visa Waiver Program (VWP)?

The Visa Waiver Program is designed to simplify travel for citizens of specific countries, allowing them to visit the United States for up to 90 days without needing a traditional visa.

However, eligibility for the VWP is not automatic; it comes with a set of strict eligibility requirements and conditions to comply with US immigration laws.

You must hold a valid e-passport from a visa waiver country, and the passport must contain an embedded chip to be able to apply for ESTA.

All individual travellers must have applied for and been granted ESTA. This includes children, who must each have their own ESTA in order to travel.

1. List of Visa Waiver Program Countries

As of 2024, there are currently 40 countries whose citizens are eligible to participate in the Visa Waiver Program. These countries are primarily located in Europe, Asia, and Oceania, with a few participants in South America.

[Insert table 1: List of VWP Countries]

Notes:

a. Taiwan: Must include the personal identification number on the passport.

b. United Kingdom: British citizens must have the unrestricted right of permanent abode in England, Scotland, Wales, Northern Ireland, the Channel Islands, and the Isle of Man.

To be part of the VWP, countries must meet specific criteria, such as having low visa refusal rates, sharing security information with US authorities, and implementing advanced passport security measures.

2. VWP Eligibility

While being a citizen of a participating country is the first step, travelers must also fulfill several additional requirements to qualify for the VWP:

a. Biometric Passport (e-Passport)

Travelers must possess a biometric passport, also known as an e-passport, which includes an embedded chip containing the traveler’s biometric data (such as facial recognition and fingerprints). The passport must be valid for at least six months beyond the intended stay in the US.

b. Electronic System for Travel Authorization (ESTA)

Before boarding a flight to the US, VWP travelers are required to obtain an ESTA. This online authorization is not a visa but a pre-screening process that allows US Customs and Border Protection (CBP) to assess travelers for potential security risks.

The ESTA application must be completed at least 72 hours before departure, and once approved, it remains valid for two years or until the passport expires, whichever comes first.

c. Purpose of Travel

The VWP allows travel only for specific purposes, such as tourism, business, or transit. Employment, study, or residency are not permitted under this program. The maximum length of stay is 90 days, with no option to extend or change visa status once in the US.

d. Return or Onward Travel Ticket

Travelers must show proof of a return or onward ticket to a destination outside of the US to confirm they will leave the country within the allowed 90-day period.

Section C: How to Apply to Travel Under the Visa Waiver Program

For travelers eligible for the Visa Waiver Program (VWP), the process of visiting the United States is simplified through the ESTA application process. ESTA is an online pre-screening system that allows citizens of participating countries to travel to the US for up to 90 days without a visa.

However, getting approved for an ESTA involves careful attention to detail, as errors in the application can lead to delays or denials.

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

Follow these steps to apply for ESTA authorization:

Step 1: Gather the Required Documents

You must have a valid passport from a VWP-participating country. It must be an e-passport with an embedded electronic chip containing your biometric data.

You will need details like your full name, date of birth, passport number, and contact information.

Have your flight information and US accommodation address ready, although this is optional for the application.

A credit or debit card is required to pay the application fee.

[Insert table 3: Required Documents for ESTA Application]

Step 2: Access the Official ESTA Website

Visit the official ESTA website (https://esta.cbp.dhs.gov/), which is managed by US Customs and Border Protection (CBP). Be cautious of third-party websites that may charge extra fees.

The entire process is completed online; there is no need for a visit to the embassy or consulate.

Step 3: Complete the Online Application

Start by filling out the application form, which includes sections for your personal details, passport information, and travel plans.

Answer eligibility questions, such as your criminal history, health conditions, and previous visa denials or overstays.

Review your entries carefully to avoid mistakes, as errors can result in your ESTA being denied or delayed.

Step 4: Pay the Application Fee

The ESTA application fee is $21. Payment is made online using a credit or debit card.

Once payment is submitted, you will receive a confirmation email indicating that your application is being processed.

Step 5: Wait for the Application to be Processed

Most ESTA applications are approved within minutes to a few hours, but it can take up to 72 hours in some cases.

You can check the status of your application on the official ESTA website using your application number.

2. ESTA Eligibility Questions

When applying for ESTA, you will be asked a number of eligibility and background questions. If you answer ‘yes’ to any of these, you will not qualify for visa-free travel.

While the specific wording of these questions remain subject to amendment, the following are general indications to help you prepare:

Q1. Do you have a physical or mental disorder; or are you a drug abuser or addict; or do you currently have any of the following diseases (communicable diseases are specified pursuant to section 361(b) of the Public Health Service Act):

a. Cholera
b. Diphtheria
c. Tuberculosis, infectious
d. Plague
e. Smallpox
f. Yellow Fever
g. Viral Hemorrhagic Fevers, including Ebola, Lassa, Marburg, Crimean-Congo
h. Severe acute respiratory illnesses capable of transmission to other persons and likely to cause mortality

Q2. Have you ever been arrested or convicted for a crime that resulted in serious damage to property, or serious harm to another person or government authority?

Q3. Have you ever violated any law related to possessing, using, or distributing illegal drugs?

Q4. Do you seek to engage in or have you ever engaged in terrorist activities, espionage, sabotage, or genocide?

Q5. Have you ever committed fraud or misrepresented yourself or others to obtain, or assist others in obtaining, a visa or entry into the United States?

Q6. Are you currently seeking employment in the United States or were you previously employed in the United States without prior permission from the US government?

Q7. Have you ever been denied a US visa you applied for with your current or previous passport, or have you ever been refused admission to the United States or withdrawn your application for admission at a US port of entry?

Q8. Have you ever stayed in the United States longer than the admission period granted to you by the US government?

Q9. Have you traveled to, or been present in, Iraq, Syria, Iran, Sudan, Libya, Somalia or Yemen on or after March 1, 2011, or Cuba on or after January 12, 2021? Or are you a dual citizen of Cuba, Iran, Iraq, Sudan or Syria?

Where you do not meet these criteria, you will be required to apply for the appropriate nonimmigrant US visa.

3. ESTA Eligibility & Criminal Convictions

If you have a past arrest, charge, or conviction, you may be concerned about how this will impact your Electronic System for Travel Authorization (ESTA) application under the Visa Waiver Program (VWP) and whether you answer “yes” or “no” to the ESTA question relating to criminal history:

“Have you ever been arrested or convicted for an offense or crime involving moral turpitude, or a violation related to a controlled substance?”

You must answer this question truthfully, as any misrepresentation can lead to severe consequences, including being barred from entering the United States.

You should answer “Yes” if:

a. You have been convicted of a crime involving moral turpitude, such as fraud, theft, assault, or serious drug offenses.

b. You were arrested or charged but the case is still pending or resulted in a conviction.

c. You have a criminal record related to controlled substances, especially for possession or trafficking.

You may be able to answer “No” if:

a. You were arrested but not charged, or the charges were dismissed.

b. The offense was a minor traffic violation (e.g., speeding ticket) that did not involve alcohol, drugs, or endangerment.

c. The offense qualifies under the “petty offense exception”, which typically applies if the maximum penalty did not exceed one year of imprisonment and you served less than six months.

Given the rules in this area are subjecyt to broad interpretation, it is advisable to take professional guidance on your situation.

4. Common Mistakes to Avoid During the Application

The most common mistake is entering incorrect passport details, such as the passport number or expiration date. Any discrepancies can lead to your ESTA being denied.

Be wary of unofficial websites that offer to process your ESTA for an additional fee. Always apply directly through the official ESTA website to avoid scams.

Although many applications are processed quickly, it is recommended to apply at least 72 hours before your departure to allow time for any issues to be resolved.

Section D: ESTA Approved – Traveling under VWP

If you are granted ESTA, you will be permitted to travel to the US visa-free, provided your reason for travel is within the permissible activities and that you do not remain for longer than 90 days.

If you obtain a new passport or change your name, gender or country of citizenship, you will be required to update your ESTA travel authorization.
This is also required if one of your answers to any of the VWP eligibility questions changes.

If you enter the US by land from Mexico or Canada, ESTA is not required, but entry will be expedited if you have ESTA. If you do not have ESTA, you will be required to complete form I-94W at the land border.

1. How long does ESTA Last?

An approved ESTA is valid for whichever is the earlier date:

a. two years after approval, or
b. the date of your passport’s expiry.

Regardless of the expiry, travelers are allowed to remain in the US for a maximum stay of 90 days under the VWP per visit.

Your ESTA does not need to cover you for the entirety of your stay in the US; it only needs to be valid on the date you enter the USA.

2. At the US Border

Approval of an ESTA does not guarantee admission. Even with ESTA authorization, you will continue to be subject to admissibility checks after the ESTA has been approved.

US Customs and Border Protection (CBP) officers at the port of entry have the final authority to decide whether you can enter the United States. At the border, you may be subject to immigration checks by officials, as a result of which you may not necessarily be granted admission to the US.

Common reasons for refused entry into the US include:

a. Criminal History: If new information about your criminal record is discovered upon arrival, you can be denied entry even if your ESTA was previously approved.

b. Inconsistent Information: If the information you provided on your ESTA application differs from what is found during a background check at the border, this can raise red flags.

c. Suspicion of Intent to Overstay: If the officer believes you intend to stay in the US longer than the allowed 90 days or work without authorization, they can deny entry.

CBP officers have access to multiple databases and resources to check your background, including:

a. NCIC (National Crime Information Center): This database includes criminal records, warrants, and immigration violations.

b. Interpol and International Databases: For checking criminal records or red notices issued by other countries.

c. US Immigration Records: For any previous visa applications, overstays, or removals from the US.

During your entry interview, officers may ask additional questions to clarify any concerns. It is essential to be truthful and consistent with the information provided on your ESTA application.

If you are found to have submitted false information in your ESTA application and are subsequently refused entry at the border, this will be logged on your immigration record and is likely to affect future US immigration applications.

3. What Are Your Options If You Are Refused Entry?

If you are denied entry at the border, you may be sent back to your home country on the next available flight.

In some cases, you may be allowed to voluntarily withdraw your application to enter the US. This is preferable to being officially deported, which can affect future visa applications.

If your denial was due to a criminal conviction, you may be able to apply for a waiver of ineligibility in conjunction with a visa application, especially if you have compelling reasons to visit the US.

Section E: Restrictions and Limitations of the Visa Waiver Program (VWP)

While the Visa Waiver Program (VWP) offers a convenient way for eligible travelers to visit the United States without obtaining a traditional visa, it comes with a set of strict rules and limitations.

1. Maximum Length of Stay (90 Days)

The VWP allows travelers to stay in the US for up to 90 days per visit. This 90-day limit is strictly enforced, and it includes the day you arrive and the day you depart.

Importantly, the 90-day period is non-extendable, meaning you cannot apply for an extension once you are in the US.

If you overstay the 90-day limit, even by a single day, you may face serious consequences, such as being barred from using the VWP in the future or encountering difficulties with future visa applications.

VWP travelers also cannot change their immigration status while in the US. For example, if you are in the US on a VWP visit and wish to apply for a work visa, you would need to leave the country and apply from abroad.

If you think you may need to stay in the US for longer than 90 days, speak to our immigration attorneys to understand your options, as you are likely to have to seek alternative permission to enter the US.

2. Permissible Activities

If you are traveling to the United States under the Visa Waiver Program (VWP), you can only engage in activities that are permitted on a Visitor (B) visa, which effectively means tourism, business or transit. YOu are prohibited from activities like employment or study for credit under the VWP.

Permissible activities include:

a. Tourism: Visiting family and friends, sightseeing, or attending social events.

b. Business: Attending conferences, meetings, negotiating contracts, or consulting with business associates.

c. Transit: Passing through the US en route to another destination.

Activities like working, studying, or engaging in paid performances are prohibited under the VWP.

If you intend to participate in activities beyond the allowed scope (e.g., taking up employment or enrolling in a degree program), you will need to apply for the appropriate visa, such as an H-1B (work visa) or F-1 (student visa). Contact our attorneys for advice on your circumstances and options.

[Table 6: Activities Allowed and Not Allowed Under the Visa Waiver Program (VWP)]

Section F: Reasons for ESTA Denial and What to Do Next

If you are not eligible for the VWP, or your ESTA application is denied, you may wish to consider alternative visa options available to you. For example, are you eligible to apply for the B1 or B2 visitor visa?

1. Reasons for ESTA Denial

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

[Insert table 4: Common Reasons for ESTA Denial]

a. Criminal Records

If you have a criminal history, particularly for serious offenses such as drug-related crimes, fraud, or violent acts, your ESTA may be denied. Even minor offenses can sometimes trigger a denial, depending on the circumstances. Misleading or omitting information about your criminal history on the application can lead to an automatic rejection.

b. Previous Visa Overstays or Violations

If you have previously overstayed a visa or a VWP entry in the US, this will likely result in an ESTA denial. The US takes visa overstays very seriously, and any previous violations can affect your eligibility.

Violating the terms of a past visit (e.g., working without authorization) can also result in denial.

c. Travel to High-Risk Countries

The Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015 restricts ESTA eligibility for travelers who have visited or hold dual citizenship in countries considered high-risk (e.g., Iran, Iraq, Syria, Sudan) within the past decade.

Any travel to Cuba since January 12, 2021, also renders you ineligible for ESTA.

Even if you visited these countries for tourism, your ESTA application might be flagged for additional scrutiny.

d. Inaccurate or Incomplete Information

Simple errors, such as typos in your passport number, date of birth, or other personal details, can result in an automatic denial. Always double-check your entries before submitting.

Incomplete applications, such as failing to answer mandatory questions, can also lead to a rejection.

e. Previous ESTA Denials or Visa Refusals

If you have previously been denied an ESTA or a traditional US visa, this can negatively impact future applications. The system tracks past refusals, so reapplying without addressing the underlying reasons may lead to another denial.

2. Steps to Take if Your ESTA is Denied

If your ESTA application is denied, it is essential to stay calm and take the following steps to resolve the situation:

Step 1: Review the Reason for Denial

Although the ESTA system does not provide specific details about the reason for denial, reviewing your application for errors or omissions can help you identify potential issues. Consider whether any of the common reasons listed above might apply to your situation.

Step 2: Wait 10 Days Before Reapplying

If you believe the denial was due to a minor error (like a typo), you can reapply after 10 days. However, simply resubmitting without addressing the cause of the denial is unlikely to change the outcome.

Step 3: Correct Any Errors

If you identified a mistake in your initial application, correct it before reapplying. Ensure that all information is accurate and up-to-date, especially your passport details.

Step 4: Contact US Customs and Border Protection (CBP)

If you are unsure why your ESTA was denied, you can reach out to CBP for clarification. While they may not provide detailed reasons, they can confirm if there are specific flags on your record.

3. ESTA Denial Due to Criminal Record

If your ESTA is denied, it does not necessarily mean you are barred from entering the US. However, you will need to take additional steps to secure entry.

Unlike the ESTA, which is an automated system, applying for a B1/B2 visa involves an in-person interview with a consular officer. This allows you to explain the circumstances of your past arrest or conviction.

Be prepared to provide supporting documentation related to your case, such as court records or proof of rehabilitation.

Obtain the certified copies of court records or police reports related to your case. This can help clarify your situation during a visa interview.

A character reference letter from a reputable source, such as an employer or community leader, may also be helpful.

For serious offenses or complex legal histories, it’s advisable to seek guidance from an immigration attorney who can advise you on the best course of action.

4. Visa After ESTA Denial

If your ESTA is denied, you still have the option of applying for a traditional visa, such as the B1/B2 visa, for tourism or business purposes.

Unlike the ESTA, the B1/B2 visa process involves a more thorough review, including an in-person interview at a US embassy or consulate. This allows you the opportunity to explain your situation to a consular officer.

Be prepared to provide documentation supporting your travel purpose, financial stability, and ties to your home country to prove that you intend to return after your visit.

If your ESTA was denied due to past overstays or criminal records, be transparent about these issues during your visa interview. Consular officers may still approve a traditional visa if you can demonstrate that your circumstances have changed or if the violation was minor.

For complex cases, such as previous visa violations or criminal records, speak to our immigration attorneys for tailored advice on your options and how to present your case most effectively.

Section G: Summary

The Visa Waiver Program (VWP) allows citizens of designated countries to visit the United States for short-term tourism, business, or transit purposes without needing a visa.

Travelers under the VWP can stay in the US for up to 90 days but must obtain an approved Electronic System for Travel Authorization (ESTA) before departure.

While the program simplifies travel, it comes with significant risks and considerations. An approved ESTA does not guarantee entry, as US Customs and Border Protection officers at the port of entry have the final say. Travelers with past arrests, charges, or convictions may face challenges, as criminal history can impact eligibility. Even if an ESTA is granted, inconsistencies or new information discovered upon arrival may result in denial of entry.

It is essential to answer all ESTA questions truthfully to avoid issues. For those with more complex travel needs or criminal backgrounds, applying for a traditional B1/B2 visa may be necessary.

Section H: Need Assistance?

NNU Immigration can advise on all aspects of the Visa Waiver Program. If you are unsure about your eligibility for the VWP or ESTA or have concerns about a past criminal record and your eligibility to travel to the US visa-free, speak to our immigration attorneys to better understand your options.

We can also provide specialist advice on the visa options available to you if you’re not eligible for ESTA.

Section I: FAQs

What is the Visa Waiver Program?
The Visa Waiver Program allows citizens of designated countries to travel to the US for tourism, business, or transit for up to 90 days without a visa as long as they have an approved ESTA.

Who needs an ESTA?
All travelers visiting the US under the Visa Waiver Program must obtain an approved ESTA before their trip.

Can I extend my stay beyond 90 days under the Visa Waiver Program?
The Visa Waiver Program does not allow extensions. You must leave the US before your 90-day limit expires.

Can I study or work in the US with an ESTA?
The Visa Waiver Program only permits activities related to tourism, business meetings, or short-term training. You cannot work or enroll in long-term study programs.

What happens if my ESTA is denied?
If your ESTA is denied, you can apply for a traditional visa, such as a B1/B2 visa, by scheduling an in-person interview at a US embassy or consulate.

Can I reapply for an ESTA if I was previously denied?
Yes, but only if your circumstances have changed or if you identified an error in your initial application. Simply reapplying without addressing the reason for denial is unlikely to result in approval.

Is an approved ESTA a guarantee of entry into the US?
An approved ESTA allows you to board a flight to the US, but US Customs and Border Protection officers have the authority to deny entry upon arrival.

What should I do if I have a past criminal record?
If you have a criminal record, it may affect your eligibility for the Visa Waiver Program. You may need to apply for a traditional visa and attend a consular interview.

Can children travel under the Visa Waiver Program?
Yes, children, regardless of age, need their own approved ESTA before traveling to the US under the VWP.

How much does the ESTA application cost?
The ESTA application fee is $21, payable online with a credit or debit card.

Can I update my ESTA after it has been approved?
Yes, you can update certain details, such as your travel itinerary or email address. However, you cannot change personal information, like your passport number once it has been submitted.

Section J: Glossary

[Insert table]

Section K: Additional Resources

US Customs and Border Protection – Visa Waiver Program
https://www.cbp.gov/travel/international-visitors/visa-waiver-program
Provides detailed information on the Visa Waiver Program, including eligibility criteria, security protocols, and updates.

US Department of State – Visa Waiver Program
https://travel.state.gov/content/travel/en/us-visas/tourism-visit/visa-waiver-program.html
Official guidance on the VWP, participating countries, and frequently asked questions regarding travel to the US.

Electronic System for Travel Authorization (ESTA) Application
https://esta.cbp.dhs.gov
The official site for applying for an ESTA, checking application status, and updating travel details for VWP travelers.

US Citizenship and Immigration Services (USCIS)
https://www.uscis.gov
Comprehensive resources on US immigration policies, visa categories, and how to address travel issues.

Centers for Disease Control and Prevention – Travelers’ Health
https://wwwnc.cdc.gov/travel
Up-to-date health advisories, vaccination requirements, and COVID-19 guidelines for travelers entering the US.

American Immigration Lawyers Association (AILA)
https://www.aila.org
Professional organization providing resources and legal assistance for immigration-related matters, including visa applications and appeals.

Transportation Security Administration (TSA) – Travel Tips
https://www.tsa.gov/travel
Helpful information on security screening procedures, prohibited items, and tips for international travelers entering the US.

Author

Founder & Principal Attorney Nita Nicole Upadhye is a recognized leader in the field of US business immigration law, (The Legal 500, Chambers & Partners, Who's Who Legal and AILA) and an experienced and trusted advisor to large multinational corporates through to SMEs. She provides strategic immigration advice and specialist application support to corporations and professionals, entrepreneurs, investors, artists, actors and athletes from across the globe to meet their US-bound talent mobility needs.

Nita is an active public speaker, thought leader, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals.

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

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For specialist advice on a US immigration or nationality matter for your business, contact our attorneys.

For specialist advice on a US immigration or nationality matter for your business, contact our US immigration attorneys.