How Do I apply for ESTA? What to do if I am Denied the Visa Waiver?

Applying for the ESTA / Visa Waiver  ( Step-By-Step)

We often get questions from people in Ireland, the UK (Great Britain) and other countries asking “How do I apply for the ESTA?”  The ESTA is also called the “Visa Waiver” or “90-day Visa Waiver”. We’ll call it ESTA from now on and keep things simple.  The following is a step-by-step guide on how to get an ESTA.

1. Confirm you are eligible.

The following are countries are eligible for the ESTA program:

  • Andorra
  • Australia
  • Austria
  • Belgium
  • Brunei
  • Chile
  • Czech Republic
  • Denmark
  • Estonia
  • Finland
  • France
  • Germany
  • Greece
  • Hungary
  • Iceland
  • Ireland
  • Italy
  • Japan
  • Latvia
  • Liechtenstein
  • Lithuania
  • Luxembourg
  • Monaco
  • Netherlands
  • New Zealand
  • Norway
  • Portugal
  • Republic of Malta
  • San Marino
  • Singapore
  • Slovakia
  • Slovenia
  • South Korea
  • Spain
  • Sweden
  • Switzerland
  • Taiwan
  • United Kingdom (including England, Northern Ireland, Scotland, and Wales)

2. Next, you must create an application by clicking to create a ‘NEW APPLICATION‘ on the ESTA application page (see link below after you review full instructions).

3. You will then be taken to the application and asked for your information. The information requested varies from contact information to things such as current employment information, your past US Immigration history, and questions on if you have committed any crimes, etc.

4. After providing your information, you are then asked to review and confirm your application. Very Important: Be 100% honest when answering all questions, should your application be denied there is most often another way to get you into the USA for your trip.

5. After reviewing and confirming, then you are asked to submit payment of US $14 (depending on the conversion rate which changes all of the time this will cost around €10 per applicant).

6. If your application for the ESTA (also known as Visa Waiver)  is denied, then contact our office ASAP and speak with an attorney about your legal rights. Our attorneys will review your case, provide you with options and strategize on how best to get you back into the States just as soon as possible.

7. If approved, head off and enjoy your holidays. I hear Florida is nice this time of year.

Click here to visit the official ESTA Application Website. Do not apply using a website that is not run directly by U.S. Customs and Border Protection

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If your ESTA is denied then you will be directed to apply for a visa at the US consulate, you cannot reapply for the ESTA.  Before applying for your visa at the consulate after an ESTA denial speak to one of our attorneys to discuss your case.

If your ESTA is refused then you will be directed to apply for a visa at the US consulate, you cannot reapply for the ESTA.  Before applying for your visa at the consulate after an ESTA refusal speak to one of our attorneys to discuss your case.

If you are denied entry to the US under either your ESTA or visa then you must reapply for a visa at the US consulate.  Normally if you are denied entry to the US at a port of entry, such as an airport, the immigration officer will ask you a series of questions and each of your answers are recorded on a sworn statement that the consular officer will have when you attend your visa interview at the consulate.  This sworn statement will be used against you by the consulate officer as it is your words to questions asked of your.  It is very important when traveling to the US, if you are unsure if something in your past that may cause an issue to discuss with one of our attorneys for confidential legal advice.  For example we speak to many clients who were arrested many years ago and have traveled to the US many times since without an issue, and all of a sudden an officer is asking questions about his/her past and denying entry to the US; your past never goes away for US Immigration purposes.