How to apply for an ESTA:

Go to https://esta.cbp.dhs.gov it will give you information on who should apply. You have to be a citizen or eligible national of a visa waiver program country, all the eligible countries are listed on this website.  Listen to Caro’s in depth audio on how to file an ESTA and she gives tips and legal guidance on the questions on the ESTA application form.

• For example, the United Kingdom, Ireland, Australia, Denmark, Finland, France, Germany, Greece, Hungary, Iceland, Israel, Italy, Japan, Latvia. If you are a citizen or a national of any of the visa waiver program countries listed, you are eligible.

You are eligible if you currently do not have a visitor visa. If you have a tourist visa, a B-2 visa in your passport, then you are not eligible for the ESTA. You can apply if you are looking to travel for up to 90 days. The ESTA is not permitted beyond 90 days.

You are eligible if you plan to travel to the United States for business or pleasure. You need a valid passport from one of the visa waiver program countries you are a national of.  You need a valid email address, a home address, a phone number, and an emergency point of contact phone and email. The current application fee is $21, and you can pay this with any major credit card.

When you make your online ESTA application, you should receive confirmation within 72 hours.  If you are planning on traveling to the United States, you should make the ESTA application in advance of your travel plans. In the event your ESTA application is denied, it gives you enough time to then apply for your visa at the consulate.

Who has jurisdiction over the ESTA:

CBP (Customs and Border Protection) has jurisdiction over the ESTA. The consulate does not have jurisdiction over your ESTA application.

ESTA denied:

If your ESTA online application is denied, do not submit a second application online and do not go to the consulate unless you speak to Caro.  We come across many clients who have erroneously filled out their ESTA. When they go to the airport, CBP denies them.  Now they go to the consulate for their visa interview (without speaking to an attorney) and most will be denied for their visa request at the consulate.

We see a lot of denials due to fraud, misrepresentation which has serious consequences and may take years before you are permitted to enter the United States.  You have to tell the truth, but some of the questions can be confusing. If you are in doubt, you should call our office, and we can go through it with you.

The ESTA online application will ask you, …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?… Have you ever violated any law relating to possessing, using, or distributing illegal drugs? Remember that possession of an illegal drug includes the use of marijuana.

Read all ESTA questions carefully before answering and submitting online.  If your ESTA is denied or revoked do not go to the consulate until you speak to our office.  Speak to Caro and she will advise you of what to do next and whether she can request CBP to reissue to you or listen to one of our audios on everything you need to know about the ESTA.