ESTA Questions & Visa Waiver Program Guide

Travelling to the United States under the Visa Waiver Program (VWP) allows nationals of certain countries, including the United Kingdom, to visit the U.S. without obtaining a visa, provided they secure travel authorisation through the Electronic System for Travel Authorization (ESTA). ESTA is a pre-screening mechanism operated by U.S. Customs and Border Protection (CBP) to determine eligibility for visa-free entry before departure.

What this article is about: This guide explains how ESTA works, the questions asked on the application form, legal obligations when completing the form, what to do if your ESTA is refused, and how it fits within the wider Visa Waiver Program framework. It also highlights compliance risks and travel restrictions that can affect eligibility under U.S. immigration law.

Section A: Understanding the Visa Waiver Program (VWP)

The Visa Waiver Program (VWP) is administered by the U.S. Department of Homeland Security (DHS) and allows citizens of approved countries to enter the United States for business, tourism, or transit for up to 90 days without obtaining a visa. ESTA is a mandatory online authorization that screens applicants for security, health, and immigration compliance before they are permitted to board a carrier bound for the U.S.

1. Purpose of the VWP and ESTA

The VWP was introduced to facilitate legitimate travel while maintaining strong border security. ESTA applications enable CBP to identify individuals who may pose security or immigration risks before arrival. ESTA approval does not guarantee entry — it authorizes travel to a U.S. port of entry, where CBP officers determine admissibility under the Immigration and Nationality Act (INA).

2. Who can use the Visa Waiver Program

To qualify for visa-free travel, the traveler must be a national of a country designated under the VWP, hold a machine-readable e-passport with an embedded chip, and intend to visit the U.S. for permitted business or tourism activities. The traveler must also not have previously violated U.S. immigration laws, overstayed a prior visit, or been refused admission.

Those who have traveled to or been present in Cuba on or after January 12, 2021, or in Iraq, Iran, Syria, Sudan, Libya, Somalia, or Yemen since March 1, 2011, are not eligible to use ESTA due to national security restrictions imposed by the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015. These travelers must apply for a visa instead.

3. Key differences between ESTA and a U.S. visa

ESTA is not a visa. It is an automated pre-screening authorization that allows travel to the United States under the Visa Waiver Program. A U.S. visa, by contrast, is issued by a U.S. embassy or consulate after an interview and document verification process. Travelers who do not meet ESTA eligibility criteria, or who intend to stay for more than 90 days, must apply for the appropriate visa category, typically a B-1 (business) or B-2 (tourism) visa.

Section summary: ESTA functions as an essential component of the Visa Waiver Program, ensuring security and compliance before travel. While ESTA simplifies entry for eligible nationals, it does not replace a visa or guarantee admission to the United States. Final entry decisions are made by CBP officers upon arrival.

Section B: Completing the ESTA Application Form and Questions

The ESTA application is an online form used by U.S. Customs and Border Protection (CBP) to determine whether you are eligible to travel to the United States under the Visa Waiver Program. It is completed either through the official CBP website or the CBP One mobile application. No paper applications or email submissions are accepted.

Applicants should ensure they use the official CBP portal at https://esta.cbp.dhs.gov. Unofficial third-party websites often charge additional fees and can expose applicants to data misuse or incorrect submissions. The application costs a modest government fee and should only be paid online at the official source.

1. Applicant and passport information

The first section of the ESTA form requests personal and passport details. Applicants should take care to ensure all entries exactly match the passport, as errors or omissions can result in refusal or issues at boarding. You will be asked for:

• Family name and given name
• Gender
• Date and city of birth
• Country of birth
• Passport number and issuing country
• Passport issuance and expiry dates
• Country of citizenship
• Aliases or other names used
• National identification number (if applicable)
• Any other passport or travel document details issued by another country

Common mistakes include typographical errors in passport numbers, failing to include middle names, and mismatched information between the application and passport. Such inconsistencies may cause the ESTA to be denied or cancelled.

2. Questions on other nationalities

Applicants must disclose any current or previous citizenships or nationalities. This includes dual citizenships and cases where citizenship was obtained through birth, naturalisation, or descent. You will need to provide:

• Names of other countries of citizenship or nationality
• How citizenship was acquired (for example, by birth or naturalisation)
• Dates of previous citizenship if renounced

Failure to disclose other nationalities, particularly from countries subject to U.S. travel restrictions, may lead to inadmissibility findings under Section 212(a) of the Immigration and Nationality Act (INA).

3. Global Entry membership

Applicants who are members of the CBP Global Entry Program should provide their PASSID or Membership Number. Global Entry members benefit from expedited immigration clearance upon arrival in the United States through designated kiosks at participating airports.

4. Parents and family details

The ESTA form requires the names of both parents. If this information is unknown, applicants may enter the names of caregivers or mark the field as “UNKNOWN”. Providing truthful and complete details is important, even if uncertain or limited.

5. Contact information and address

Applicants must provide current and accurate contact information, including:

• Residential address
• City, region, and country
• Telephone number
• Email address (for all correspondence and notifications)

The email address provided will be used for confirmation, updates, or notifications about the ESTA decision. Ensure you have access to this email before, during, and after travel.

6. Social media information (optional)

The ESTA form includes an optional section to provide social media account identifiers. While not mandatory, these fields may assist CBP in verifying identity and background information. Applicants may list:

• Social media platform or provider
• Username or handle

Leaving this section blank does not negatively affect your application, but submitting false information could constitute a misrepresentation under U.S. immigration law.

7. Employment information

Applicants must declare whether they have a current or previous employer. If applicable, include:

• Employer name and address
• Job title
• Country of employment
• Employer contact telephone

CBP officers may refer to this information at the port of entry to verify that your purpose of travel aligns with permitted business or tourism activities. ESTA travellers are prohibited from undertaking paid or unpaid work, training, or study while in the United States.

8. Travel and contact details in the U.S.

You must provide details of your travel plans, including whether you are transiting to another country, your intended U.S. address, and your U.S. point of contact (either an individual, organisation, or hotel). This information helps CBP verify your temporary stay intentions.

• Address in the U.S. (hotel, friend, or business contact)
• U.S. point of contact name, address, and phone number
• Emergency contact information (inside or outside the U.S.)

Business travellers typically list their U.S. corporate contact in the “point of contact” section and the accommodation address in the “U.S. address” field.

9. ESTA eligibility and admissibility questions

The final part of the application asks several questions to determine admissibility under U.S. immigration law. These questions are drawn from Section 212(a) of the INA and the Public Health Service Act. You must answer each truthfully:

• Do you have a physical or mental disorder or communicable disease?
• Have you ever been arrested or convicted for a crime causing serious harm or damage?
• Have you ever violated any law related to illegal drugs?
• Have you ever engaged in terrorist, espionage, or genocide activities?
• Have you ever committed fraud or misrepresentation to obtain entry to the U.S.?
• Are you currently seeking employment in the U.S. or have you previously worked there without authorization?
• Have you ever been denied a visa or refused entry to the United States?
• Have you ever overstayed a previous period of admission?
• Have you travelled to Cuba on or after January 12, 2021, or to Iraq, Iran, Syria, Sudan, Libya, Somalia, or Yemen since March 1, 2011?

Answering “yes” to any of these questions typically results in ESTA denial, although certain medical disclosures may not automatically disqualify you. In such cases, you must apply for a visa at a U.S. embassy or consulate for individual assessment.

Providing false or misleading information can lead to permanent inadmissibility under INA §212(a)(6)(C)(i) and criminal prosecution under 18 U.S.C. §1001. Always answer the questions completely and truthfully.

Section summary: The ESTA form collects detailed biographical, travel, and background information to assess eligibility under the Visa Waiver Program. Accuracy and honesty are crucial — any inconsistency or omission can lead to denial, revocation, or future inadmissibility under U.S. immigration law.

Section C: Legal Waivers, ESTA Decisions, and Refusals

Before submitting your ESTA application, you must read and agree to the mandatory waiver of rights and certification statements. These form part of the legal framework governing travel under the Visa Waiver Program. Applicants are required to confirm they understand and accept the conditions before submission.

1. Waiver of rights under U.S. law

When you apply for ESTA, you agree to a waiver of certain rights under 8 C.F.R. §217.2(b)(1). This waiver means you forfeit the right to appeal or to seek judicial review of any decision made regarding your admission into or removal from the United States under the Visa Waiver Program, except where you apply for asylum or withholding of removal. Acceptance of this waiver is mandatory to submit your application.

This legal waiver does not extend beyond the ESTA process — it does not affect other civil or legal rights outside the scope of your admission under the Visa Waiver Program. However, it does mean that if you are denied entry or removed at the border, you have no right of review or appeal.

2. Certification and declaration

You must certify that all answers and information supplied in your ESTA application are true and accurate to the best of your knowledge. This declaration is made under penalty of U.S. federal law. Submitting false, incomplete, or misleading information may result in:

• Permanent inadmissibility under INA §212(a)(6)(C)(i) (fraud or misrepresentation)
• Criminal prosecution under 18 U.S.C. §1001 (false statements to the U.S. government)
• Revocation of existing ESTA authorization
• Refusal of entry to the United States

It is strongly recommended to review every response carefully before submission. Applicants uncertain about how to answer any question — especially those involving prior visa refusals or criminal history — should seek professional advice before applying.

3. ESTA decision timeframes

Once submitted, most ESTA applications are processed instantly, and decisions are typically received within minutes. In some cases, the application may take up to 72 hours for review. CBP recommends applying at least three days before departure to allow sufficient processing time.

The outcome of your ESTA application will be one of the following:

• Authorization Approved: You are cleared to travel under the Visa Waiver Program.
• Travel Not Authorized: You must apply for a visa at a U.S. embassy or consulate.
• Authorization Pending: A decision is still being processed; you should check back within 72 hours.

An ESTA approval authorizes travel to a U.S. port of entry. It does not guarantee admission to the United States. Final entry decisions rest with CBP officers at the border, who have discretion under the Immigration and Nationality Act to refuse entry if admissibility concerns arise.

4. What to do if your ESTA application is refused

If your ESTA application is refused, you cannot appeal or request a review of the decision. The U.S. government does not provide detailed reasons for refusals. However, the most common causes include prior visa refusals, criminal convictions, overstays, or recent travel to restricted countries such as Cuba.

A refusal of ESTA does not necessarily prevent you from travelling to the United States. You may still apply for a visitor visa (B-1 or B-2) at a U.S. embassy or consulate. In some cases, depending on the reason for refusal, you may also need to apply for a waiver of inadmissibility (Form I-601) before a visa can be issued.

If your refusal relates to travel to Cuba after January 12, 2021, or to any of the restricted countries listed in the Visa Waiver Program Improvement Act, the only route to U.S. travel is through a visa application. Waivers are generally not available for ESTA ineligibility.

5. How long ESTA remains valid

An approved ESTA is valid for two years from the date of issue or until your passport expires, whichever occurs first. During this period, you can make multiple trips to the United States, provided each stay does not exceed 90 days. Frequent or extended travel may attract additional scrutiny from CBP to ensure you are not residing in the U.S. unlawfully.

If you obtain a new passport, change your name, gender, country of citizenship, or any answer to the ESTA eligibility questions, you must submit a new application and receive fresh approval before travel.

6. Common ESTA refusal scenarios

While each case is unique, ESTA applications are commonly refused for:

• Providing inaccurate or inconsistent personal information
• Having a prior visa refusal or removal record
• Criminal convictions involving moral turpitude or drugs
• Travel to or presence in restricted countries (including Cuba after 2021)
• Prior overstays in the United States

If you are uncertain about the reason for your refusal or your eligibility to reapply, seek guidance before making a visa application. Attempting to reapply without addressing the underlying issue can result in repeated refusals.

Section summary: Submitting an ESTA application constitutes a legal declaration under U.S. law. Applicants must accept the waiver of rights, provide full disclosure, and understand that CBP officers retain final discretion at the border. Refusals can be followed by a visa application, but there is no appeal or review mechanism for ESTA denials.

Section D: Legal Risks, Compliance Pitfalls, and ESTA Best Practices

Travellers using the Visa Waiver Program must comply with U.S. immigration laws at all times. Even with a valid ESTA, failure to follow entry conditions or disclosure requirements can lead to future ineligibility, revocation, or removal from the United States. Understanding the legal risks associated with ESTA travel helps protect your immigration record and maintain future access to the U.S.

1. Misrepresentation and false statements

Submitting inaccurate or false information on an ESTA application constitutes a serious immigration violation. Under INA §212(a)(6)(C)(i), an applicant who willfully misrepresents a material fact to obtain an immigration benefit becomes permanently inadmissible to the United States. This includes omitting criminal history, failing to declare previous visa refusals, or denying travel to restricted countries.

The U.S. government routinely cross-checks ESTA information against multiple security and immigration databases. Any inconsistency may result in a lifetime bar from visa-free travel and potential criminal prosecution under 18 U.S.C. §1001. Applicants should therefore ensure complete transparency when completing the form.

2. Overstaying or breaching ESTA conditions

ESTA authorization permits visits of up to 90 days per entry. Travellers are strictly prohibited from extending their stay or changing status while in the United States. Overstaying even by one day results in automatic cancellation of ESTA eligibility and may trigger inadmissibility under INA §212(a)(9)(B).

Attempting to work, study, or engage in training while on ESTA also breaches immigration conditions. Such actions may result in expedited removal, which carries a five-year bar on re-entry under INA §212(a)(9)(A). Business visitors must ensure their activities fall within permissible B-1 parameters, such as attending meetings, negotiating contracts, or participating in short-term training without remuneration.

3. Frequent travel and perceived U.S. residency

CBP officers at the border assess whether ESTA travellers are using the Visa Waiver Program appropriately. Frequent or extended stays, particularly with minimal time spent outside the United States between visits, can give rise to suspicions of de facto residence. In such cases, CBP may deny entry and recommend applying for a formal visa.

To avoid issues, ensure that each visit is genuinely temporary and that your primary home, employment, and financial ties remain outside the United States. ESTA is designed for short visits, not continuous or back-to-back stays.

4. Data accuracy and digital security

Applicants should only submit ESTA information through the official CBP portal or the CBP One mobile app. Third-party or unofficial websites often charge additional processing fees and may compromise personal data security. The official CBP website uses encrypted payment and communication channels to protect sensitive information.

To verify authenticity, ensure the website address begins with “https://esta.cbp.dhs.gov” and that payments are made in U.S. dollars through secure online methods. Never share passport or credit card details via email or unverified links.

5. Travel restrictions and country-specific issues

The United States restricts visa-free travel for individuals who have travelled to, or been present in, certain countries associated with terrorism or conflict. This includes Iraq, Iran, Syria, Sudan, Libya, Somalia, and Yemen since March 1, 2011, and Cuba since January 12, 2021. These restrictions arise from the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015.

Travel to Cuba after January 12, 2021, makes you ineligible for ESTA, as Cuba remains designated by the U.S. Department of State as a State Sponsor of Terrorism. Affected travellers must apply for a U.S. visa and, in certain cases, seek a waiver of inadmissibility.

6. Maintaining valid ESTA status

An ESTA remains valid for two years or until the associated passport expires, whichever comes first. However, you must reapply for authorization if you:

• Receive a new passport
• Change your name, gender, or country of citizenship
• Answer “yes” to any eligibility question after a previous “no”
• Travel to a restricted country listed under the VWP Improvement Act

You may update non-critical details, such as your email address or U.S. accommodation, without submitting a new application. All other changes require a new ESTA.

7. Best practice recommendations

To ensure smooth travel under ESTA and compliance with U.S. law:

• Apply only via the official CBP ESTA website or app
• Submit your application at least 72 hours before travel
• Review every response carefully for accuracy
• Disclose all criminal, immigration, and travel history honestly
• Do not overstay or attempt to work while on ESTA
• Keep a printed or digital copy of your approval for reference
• Monitor your email for any status changes before departure

Section summary: ESTA travellers are bound by strict compliance obligations under U.S. immigration law. Misrepresentation, overstaying, or misuse of ESTA status can lead to permanent ineligibility. Following best practices and using only official application channels ensures lawful travel and continued eligibility for visa-free entry.

ESTA Questions FAQs

1. What questions are asked on the ESTA form?

The ESTA form includes questions about your personal information, passport details, travel history, and eligibility under the Visa Waiver Program. You will be asked to confirm that you have no disqualifying criminal convictions, health concerns, or travel history to restricted countries.

2. Why would an ESTA be rejected?

Common reasons for ESTA refusal include prior visa refusals, past immigration violations, criminal records, or travel to restricted countries such as Cuba after January 12, 2021. Errors or omissions on the application form can also result in denial.

3. How long does it take to get an ESTA decision?

Most ESTA decisions are made within minutes of submission. However, applicants are advised to apply at least 72 hours before departure in case additional checks are required by U.S. Customs and Border Protection.

4. How long is an ESTA valid for?

An approved ESTA is valid for two years from the date of approval or until your passport expires, whichever comes first. You can use the same ESTA for multiple trips to the U.S. within that period, provided each stay is 90 days or less.

5. Can I extend my stay in the U.S. with an ESTA?

No. ESTA travellers cannot extend their stay or change status once in the United States. If you need to stay longer or for a different purpose, you must leave the country and apply for an appropriate visa before returning.

6. Do children need an ESTA?

Yes. All travellers, including infants and children, must have their own ESTA authorization when travelling to the United States under the Visa Waiver Program.

7. What should I do if my ESTA is refused?

If your ESTA application is refused, you cannot appeal or request a review. However, you may still apply for a visitor visa (B-1 or B-2) at a U.S. embassy or consulate. If the refusal relates to a criminal conviction or prior immigration violation, you may also need to apply for a waiver of inadmissibility.

FAQs summary: ESTA refusals often arise from prior immigration or criminal history, restricted travel, or form inaccuracies. Always apply early, provide full disclosure, and ensure all answers are consistent with your travel record.

Conclusion

The Electronic System for Travel Authorization is a vital part of the U.S. Visa Waiver Program, enabling eligible travellers to visit the United States for up to 90 days without a visa. While the process is straightforward, it requires full honesty, accurate information, and an understanding of U.S. entry laws.

ESTA approval does not guarantee admission — the final decision rests with Customs and Border Protection officers at the port of entry. Misrepresentation, overstaying, or breaching conditions can result in permanent ineligibility under U.S. immigration law. By applying only through official channels, following all instructions carefully, and respecting the 90-day limit, travellers can ensure continued eligibility for visa-free entry to the United States.

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