Section A: What Questions Are Asked on an ESTA Application?

The ESTA application asks for information about your identity, passport, citizenship, contact details, employment and intended travel to the US. You will also be asked a series of eligibility questions to determine whether you qualify to travel visa-free under the Visa Waiver Program (VWP).

The Electronic System for Travel Authorization (ESTA) application is completed online through US Customs and Border Protection (CBP). CBP confirms that the application collects biographic information together with responses to VWP eligibility questions.

Applicants should have the required information available before starting the form and check all entries carefully before submitting. Errors involving passport details, citizenship or other biographic information can affect the application and may require a new application.

ESTA questions about the applicant and passport

You will be asked to provide personal and passport information, including:

• Family name
• First or given name
• Gender
• Any aliases or other names used
• Date of birth
• City of birth
• Country of birth
• Passport number
• Country of citizenship
• National identification number, where applicable
• Passport issuance date
• Passport expiration date
• Passport issuing country

You will also be asked whether you have ever been issued a passport or national identity document for travel by another country. If so, further details about that document will be required.

Passport information should be entered exactly as it appears on the passport being used for travel. Particular care should be taken with the passport number, issuing country, citizenship and date of birth. Before submitting the application with the required payment information, CBP allows applicants to review and correct application data except the passport number, passport issuing country, country of citizenship and date of birth. If one of these fields has been entered incorrectly, the applicant will need to start a new application rather than amend that field at the final review stage.

Travel under the VWP also requires a qualifying e-passport containing an embedded electronic chip. The passport must generally remain valid for at least six months after the planned departure from the US, unless the traveler is exempt from the six-month requirement under a country-specific agreement.

ESTA questions about other citizenship or nationality

The application also asks about current and previous citizenship or nationality.

You may be asked whether you are currently a citizen or national of another country and, if so, which country and how that citizenship or nationality was acquired. You must also disclose whether you have previously been a citizen or national of another country.

Applicants with dual or multiple nationality should not assume that only the passport being used for travel is relevant. Current and former citizenship information forms part of the ESTA screening process.

Global Entry membership

You will be asked whether you are a member of the CBP Global Entry Program.

If you are a member, you will be asked to provide your PASSID or membership number.

Global Entry is a CBP Trusted Traveler Program that provides expedited processing for approved travelers entering the US.

Questions about parents

The ESTA application asks for information about your parents, including their family names and given names.

Where parental information is genuinely unknown, the ESTA system provides for this to be indicated. Applicants should not invent information simply to complete a field.

Contact information

You will also be asked to provide contact details such as:

• Residential address
• City
• State, province or region
• Country
• Telephone number
• Email address

The email address provided is used in connection with the ESTA application, so it should be one the applicant can access reliably.

Social media information

The ESTA application includes a social media question. The social media field is optional. CBP states that applicants are not required to provide social media information in order to submit the application.

Where an applicant chooses to provide the information, the form can request the social media platform and identifier associated with the account.

Employment information

The ESTA form asks whether you have a current or previous employer. Where applicable, you may be asked to provide information including your job title, employer’s name, address and telephone number.

Employment information should be completed accurately and consistently with the rest of the application. ESTA does not authorize employment in the US, and travel under the VWP is limited to activities permitted under the program.

Travel and transit information

You may be asked whether you are traveling through the US in transit to another country.

Where the US is your destination rather than simply a transit point, the form will also request information connected with your intended stay.

US point of contact

The ESTA application can require details of a US point of contact. Depending on the purpose of the trip, this may be an individual, business, organization or accommodation provider.

Information requested can include the contact’s:

• Name
• Address
• City and state
• Telephone number

For a business visitor, the US point of contact may be a professional or commercial contact. For a tourist, it may be the hotel or other accommodation connected with the trip.

Address while in the US

You may also be asked for the address where you will be staying in the US.

The US address and US point of contact may be the same, but they do not have to be. For example, a business traveler may provide a US business contact in one section and hotel accommodation in the other.

Emergency contact information

The ESTA application also requests emergency contact information for a person who may be located either inside or outside the US.

You will generally be asked for the person’s name, email address and telephone number.

Once the biographic, passport, contact, employment and travel information has been completed, the application moves to the eligibility questions. These are the questions most likely to affect whether ESTA authorization can be granted and require particular care where the applicant has a criminal record, previous US immigration history or other potentially relevant circumstances.

Section B: What Are the ESTA Eligibility Questions?

The ESTA eligibility questions are used to assess whether you qualify to travel to the US under the Visa Waiver Program (VWP). They cover issues including health, criminal history, drug-related conduct, security matters, immigration violations and previous problems entering or remaining in the US. CBP confirms that ESTA applicants must answer VWP eligibility questions relating to matters such as communicable diseases, certain arrests and convictions and previous immigration history.

These questions require particular care. An affirmative answer can affect ESTA eligibility, but it does not necessarily mean that you are prohibited from traveling to the US in all circumstances. Depending on the issue, you may instead need to apply for an appropriate US visa and, where applicable, address any separate ground of inadmissibility.

Health and drug abuse questions

The ESTA application asks whether you have certain physical or mental disorders, whether you are a drug abuser or addict and whether you currently have specified communicable diseases.

The wording of this question reflects US immigration health-related grounds rather than asking generally whether you have any medical condition. Applicants should therefore read the question carefully and answer the specific matters asked rather than assuming that any physical or mental health diagnosis automatically prevents VWP travel.

Criminal record questions

You will be asked whether you have ever been arrested or convicted for a crime that resulted in serious damage to property or serious harm to another person or government authority.

A criminal record does not automatically mean that you are inadmissible to the US or permanently unable to travel. US immigration law distinguishes between different offenses, conduct and circumstances, while ESTA applies its own VWP screening criteria.

Applicants with an arrest, caution, conviction or other criminal history should not assume that an offense is irrelevant because it happened many years ago, resulted in a minor sentence or has become spent or expunged under domestic law.

The way an incident is treated under the law of the country where it occurred does not necessarily determine how it will be treated for US immigration purposes. Applicants with a criminal history should consider the underlying conduct and US immigration consequences before answering the form.

For further guidance, see our guide to applying for ESTA with a criminal record.

Questions about illegal drugs

ESTA separately asks whether you have ever violated any law relating to possessing, using or distributing illegal drugs.

The question is not limited to convictions. Its wording can capture drug-related conduct even where the applicant was not convicted of an offense.

Applicants should therefore avoid assuming that an incident can be answered “no” solely because it did not result in prosecution, because the conviction is spent or because the conduct would now be treated differently under local law.

Terrorism, espionage, sabotage and genocide

You will be asked whether you seek to engage in, or have ever engaged in, terrorism, espionage, sabotage or genocide.

These are security-related eligibility questions and should be answered strictly according to the wording on the ESTA application.

Fraud and misrepresentation

The ESTA application asks whether you have ever committed fraud or misrepresented yourself or another person to obtain, or help someone else obtain, a visa or admission to the US.

Past immigration applications therefore matter. An applicant who previously gave false information during a visa application, at the US border or in another immigration process may face issues extending beyond ESTA eligibility.

Deliberately concealing relevant information on a new ESTA application can create further immigration problems. Applicants should not change an answer simply because a truthful response may make ESTA approval less likely.

Unauthorized employment in the US

You will also be asked whether you are currently seeking employment in the US or whether you have previously worked in the US without authorization.

Travel under the VWP does not authorize general employment in the US. Certain limited business activities may be permitted, but taking employment in the US is a different matter.

Previous unauthorized employment can therefore be relevant even if the individual left the US voluntarily and did not encounter an immigration officer at the time.

Previous US visa refusals and problems at the border

ESTA asks whether you have ever been denied a US visa using your current or a previous passport, refused admission to the US or withdrawn an application for admission at a US port of entry.

Applicants should disclose the relevant history even where the refusal happened many years ago or where they subsequently obtained another visa or ESTA authorization.

A previous visa refusal does not necessarily mean that ESTA will always be unavailable, but it is information CBP expressly asks applicants to provide.

Previous overstays

You will be asked whether you have ever remained in the US beyond the period of admission granted by the US government.

Applicants should not assume that a short overstay is irrelevant. Previous noncompliance with the terms of admission can affect eligibility to use the VWP and may also raise separate immigration issues depending on the length and circumstances of the overstay.

The relevant period is the period for which you were admitted to the US, not the validity date of an ESTA authorization.

Section C: ESTA Questions About Cuba and Other Travel History

Previous international travel can make you ineligible for ESTA, even if you have no criminal record and have never previously had a US immigration problem.

Restrictions under the Visa Waiver Program (VWP) apply to travel to certain countries after specified dates. Where these rules apply, you will generally need to obtain a US visa rather than travel visa-free under ESTA.

Importantly, being ineligible for ESTA on the basis of travel history does not, in itself, mean that you are inadmissible to the US.

Does travel to Cuba affect ESTA eligibility?

If you have traveled to or been present in Cuba on or after January 12, 2021, you will generally be ineligible to travel under the VWP and will need to apply for a US visa.

The restriction is based on presence in Cuba, not the purpose or length of the trip. A vacation or other short visit can therefore be enough to prevent ESTA travel.

Travel to Cuba before January 12, 2021 does not fall within this particular restriction.

Limited exceptions apply to certain travel for diplomatic or military purposes in the service of a VWP country. These exceptions are narrow and should not be assumed to apply simply because the trip was work-related.

If you already hold an approved ESTA and subsequently travel to Cuba in circumstances covered by the restriction, you should not assume that the existing authorization remains available for future VWP travel.

Which other countries can affect ESTA eligibility?

You will also generally be ineligible to use the VWP if, on or after March 1, 2011, you traveled to or were present in:

• North Korea
• Iran
• Iraq
• Libya
• Somalia
• Sudan
• Syria
• Yemen

Again, limited exceptions apply to certain diplomatic or military travel in the service of a VWP country.

The fact that the trip was legitimate does not generally remove the restriction. Business travel, tourism, family visits and other lawful reasons for being in one of the listed countries can still affect VWP eligibility.

What if you are a dual national?

Nationality can prevent VWP travel independently of where you have traveled.

A national of a VWP country who is also a national of Cuba, North Korea, Iran, Iraq, Sudan or Syria is not eligible to travel under the VWP under these restrictions.

Using a passport issued by a VWP country does not avoid the restriction. ESTA asks about current and previous citizenship and nationality, and this information should be disclosed accurately.

What if you traveled for work or official duties?

Work-related travel is not automatically exempt.

The rules provide limited exceptions for certain travel undertaken for diplomatic or military purposes in the service of a VWP country. Ordinary commercial or employment-related travel does not fall within an exemption simply because the applicant was traveling on behalf of an employer.

Where an exception may apply, the position should be established before the ESTA application is submitted rather than assuming the purpose of the trip removes the restriction.

Can you still travel to the US if you cannot use ESTA?

ESTA ineligibility is not the same as being barred from the US.

If your travel history or nationality prevents you from using the VWP, you can generally apply for an appropriate US visa through the regular consular process. The visa application allows the US authorities to assess your eligibility to travel independently of the ESTA restrictions.

If other issues are present, such as criminal history, previous immigration violations or another ground of inadmissibility, the position may be different. It may also be necessary to consider whether a waiver of inadmissibility is available.

Applicants with potentially problematic travel history should establish whether they remain eligible for ESTA before applying. Providing inaccurate travel or nationality information in an attempt to avoid a VWP restriction risks creating a more serious US immigration issue than the original ESTA ineligibility.

Section D: How Should You Answer ESTA Questions?

ESTA questions should be answered accurately based on your circumstances at the time of the application. Where a question relates to previous conduct, travel or immigration history, you should not assume that an old incident can be disregarded simply because it happened many years ago or is no longer treated as significant under the law of another country.

Before submitting the application, review each answer carefully against your passport and any relevant immigration or travel records. CBP allows applicants to review and correct information before submission, although certain core identity and passport fields have additional restrictions.

What if you answer “yes” to an ESTA eligibility question?

A “yes” answer should not automatically be treated as equivalent to a permanent ban from the US.
ESTA determines eligibility to travel under the VWP. Where ESTA authorization cannot be granted, the traveler may still be able to apply for a US visa. A separate question then arises as to whether the underlying facts create a ground of inadmissibility and, if so, whether a waiver may be available.

Applicants should therefore avoid submitting a knowingly inaccurate answer simply to secure ESTA authorization. Where the correct answer may be “yes”, the safer approach is to establish the immigration consequences before submitting the application.
Travel history creates a separate and increasingly important set of ESTA eligibility issues. In particular, travel to Cuba and certain other countries can prevent use of the VWP even where the applicant would otherwise qualify.

What are common ESTA mistakes?

Some ESTA problems are caused by straightforward errors rather than eligibility issues. Common mistakes include entering an incorrect passport number, selecting the wrong issuing country, providing an incorrect date of birth or giving information that is inconsistent with the passport being used for travel.

Names should be entered in accordance with the passport details requested by the ESTA system. Particular care should also be taken where you hold more than one nationality or have previously held another nationality, since the application asks for this information separately.

More serious problems can arise where an applicant gives an incorrect answer to one of the eligibility questions because they have misunderstood its scope. Criminal history, drug-related conduct, previous visa refusals, overstays and travel to specified countries all require careful consideration before the form is submitted.

What if you are unsure how to answer an ESTA question?

If you are unsure whether a past event requires a “yes” answer, do not guess or select “no” simply because you believe the incident was minor.

US immigration rules do not always treat criminal, immigration or travel history in the same way as the law of the country where the event occurred. A conviction that is spent, expunged or treated as minor under domestic law may still be relevant for US immigration purposes.

The same applies to previous immigration problems. A historic visa refusal, withdrawal of an application for admission, overstay or unauthorized employment can remain relevant even where you have since traveled to the US without difficulty.

Where the correct answer is unclear, it is generally better to establish the US immigration position before submitting the ESTA than to create a further issue through an inaccurate application.

What happens if you provide incorrect information on an ESTA?

The consequences depend on the nature of the error.

A simple typographical mistake is not the same as deliberately withholding relevant information. However, a mistake involving core passport or identity information can still make the ESTA unusable or require a new application, even where there was no intention to provide false information.

Knowingly providing inaccurate information in an attempt to obtain travel authorization can have serious immigration consequences.

In particular, applicants should not change a truthful answer because they are concerned that it could lead to ESTA refusal. CBP warns that reapplying with false information in an attempt to qualify for ESTA can result in permanent ineligibility to travel under the VWP.

Where fraud or willful misrepresentation is involved, the issue may also extend beyond ESTA eligibility and affect future US visa or admission applications.

Can you correct an ESTA application before submitting it?

The ESTA system allows you to review your application before submission and correct most information.

However, CBP identifies certain core fields that cannot simply be changed during the final review process, including:

• Passport number
• Passport issuing country
• Country of citizenship
• Date of birth

If one of these details has been entered incorrectly, you may need to start a new application rather than amend the existing one.

Can you update an ESTA after submission?

Certain information can be updated after an ESTA application has been submitted, but not every field can be changed.

CBP allows certain information on an existing ESTA application to be updated, but changes to core biographic information, including passport details, country of citizenship and date of birth, require a new application.

You should therefore check all passport and citizenship information carefully before submission rather than relying on being able to amend it later.

Do you need a new ESTA if you get a new passport?

Yes. ESTA authorization is linked to the passport used for the application.

If you obtain a new passport, you must submit a new ESTA application using the new passport details before traveling under the VWP.

You must also apply for a new ESTA if you change your name, gender or country of citizenship, or if your circumstances change so that an answer to one of the ESTA eligibility questions is different from the answer given on your existing application.

Should you submit a new ESTA if your circumstances change?

A previously approved ESTA should not be treated as confirmation that you remain eligible where your circumstances have materially changed.

For example, a new arrest or conviction, immigration violation, change of nationality or travel to a country covered by the VWP restrictions may alter your eligibility.

Where something relevant has changed, check whether a new ESTA application is required before relying on an existing authorization. ESTA approval does not override later changes that affect VWP eligibility.

If an application is refused because of the answers provided, repeatedly submitting new ESTA applications will not normally resolve the issue unless the underlying circumstances have changed. CBP states that where an ESTA has been denied and the applicant’s circumstances have not changed, a new application will also be denied. The next question is whether you can still travel to the US through the visa process and whether any separate admissibility issue needs to be addressed.

Section E: What Happens if Your ESTA Answers Cause a Problem?

If your answers indicate that you may not qualify to travel under the Visa Waiver Program, your ESTA application may not be authorized. A refusal does not necessarily mean that you are barred from traveling to the US, but it does mean you cannot travel under the VWP using that ESTA authorization.

The next step will depend on why ESTA authorization was refused. In many cases, the appropriate route is to apply for a US visa. Where the underlying facts also raise a separate ground of inadmissibility, additional action may be required before a visa can be issued.

How long does an ESTA decision take?

ESTA applications are often processed quickly, but applicants should not rely on receiving an immediate decision.

Applicants should apply for ESTA when they begin making travel plans and allow at least 72 hours for an application status. An application can remain pending while the authorization is being determined.

Leaving an ESTA application until shortly before departure creates an obvious practical risk. Without an approved travel authorization, you cannot travel to the US under the VWP.

What happens if your ESTA is denied?

If your ESTA is denied, there is no ESTA appeal process through which you can require CBP to reconsider the decision.

US Embassies and Consulates cannot provide details about the reason for an ESTA denial or overturn the ESTA decision. You may instead be able to apply for an appropriate US visa through a US Embassy or Consulate. The visa application is a separate process and allows your eligibility to be considered outside the VWP.

Importantly, ESTA refusal does not itself establish that you are inadmissible to the US. For example, certain travel history can make a person ineligible for the VWP without creating a separate ground of inadmissibility.

Equally, applying for a visa does not remove an underlying immigration issue. If the facts that caused concern on the ESTA application also engage a ground of inadmissibility under US immigration law, that issue will need to be addressed as part of the visa process.

For further guidance, see our guide on what to do if your ESTA is denied.

Should you apply for ESTA again after a denial?

Submitting another ESTA application with the same underlying circumstances will not generally provide a solution.

CBP states that travelers who are denied ESTA and whose circumstances have not changed should apply for a nonimmigrant visa rather than repeatedly submitting new ESTA applications.

A new ESTA may be appropriate where incorrect application data can legitimately be corrected and the applicant remains eligible for the VWP, or where relevant circumstances have genuinely changed. A prior denial should not, however, be treated as something that can automatically be reset through a new filing, and a further application should not be used to provide different answers simply in an attempt to obtain approval.

Do you need a visa if ESTA is refused?

If you cannot obtain ESTA authorization but still intend to travel to the US, you will generally need to apply for the appropriate visa.

For tourism or other qualifying visitor activities, this will commonly mean applying for a B-2 visitor visa or a combined B-1/B-2 visa. Business travelers may require B-1 classification, depending on the activities they intend to undertake in the US.

A visa application involves a different assessment from ESTA and will generally require completion of Form DS-160 and a consular visa process. Applicants should expect to disclose relevant criminal, immigration and travel history as part of that process.

Does an ESTA denial mean you need a waiver?

No. An ESTA denial does not automatically mean that you need a waiver of inadmissibility.

There is an important distinction between being ineligible to use the VWP and being inadmissible under US immigration law. Some applicants cannot use ESTA but remain able to qualify for a visa without a waiver.

Where the underlying circumstances do create a ground of inadmissibility, it will be necessary to determine whether a waiver of inadmissibility is available and appropriate. Waiver eligibility depends on the applicable ground of inadmissibility and the immigration benefit being sought.

Applicants should therefore establish why ESTA is unavailable before assuming that a waiver application is required.

Can an ESTA refusal affect future US visa applications?

A previous ESTA refusal should be disclosed where requested in a subsequent US immigration application. More importantly, the facts behind the refusal may remain relevant to any future visa or admission decision.

Consistency is particularly important. Information provided on an ESTA application can form part of your US immigration history, so giving materially different information in a later visa application can prompt further scrutiny.

Where an ESTA application contains an incorrect answer, particularly in relation to criminal history, previous immigration violations or fraud and misrepresentation, the position should be assessed before a further application is made.

When should you take advice about ESTA questions?

Many ESTA applications are straightforward. The risk increases where there is uncertainty over whether a particular incident or history requires disclosure, or whether the applicant remains eligible for the VWP.

Professional advice may be appropriate where you have a criminal record, previous US overstay, visa refusal, refusal of admission, unauthorized employment, problematic travel history or concerns about information given in an earlier ESTA or visa application.

The aim should be to identify the correct immigration route before submitting an application. An ESTA problem that simply requires a visa application is very different from an underlying inadmissibility or misrepresentation issue, and the appropriate strategy will depend on which applies.

An approved ESTA is not a determination that you are admissible to the US and does not guarantee entry. It authorizes travel to a US port of entry to seek admission under the VWP, with the final admission decision made by CBP.

Need Assistance?

For advice on ESTA eligibility and how criminal history, previous visa refusals, overstays, restricted travel history, citizenship issues or information provided in an earlier ESTA or visa application could affect your options, book a fixed-fee telephone consultation with one of our US immigration attorneys.

Our US immigration attorneys can advise if you are unsure of your options following a refused ESTA application.

FAQs

What questions do they ask on an ESTA?

The ESTA application asks for personal and passport information, citizenship and nationality details, contact and employment information, US travel details and answers to eligibility questions covering matters such as criminal history, drug-related conduct, previous immigration violations and certain international travel.

What are common ESTA mistakes?

Common mistakes include entering incorrect passport details, omitting relevant nationality information and misreading or inaccurately answering an eligibility question. Particular care is needed where there is a criminal record, previous visa refusal, overstay or travel history that may affect VWP eligibility.

Why would an ESTA be denied?

An ESTA may be denied where the applicant is not eligible to travel under the Visa Waiver Program or where their answers raise an eligibility issue. Potential reasons can include certain criminal or immigration history, restricted travel history, previous visa or admission problems or other adverse eligibility information.

How long does an ESTA decision take?

ESTA decisions are often issued quickly, but CBP advises applicants to allow up to 72 hours for an ESTA application status. Applicants should not rely on receiving immediate approval and should apply well before their intended departure date.

Do British citizens need an ESTA?

Eligible British citizens traveling to the US under the Visa Waiver Program must obtain an approved ESTA before travel under the program, including where seeking entry at a land port of entry. VWP eligibility for British travelers depends on the individual’s nationality status and passport. 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 qualify under the VWP. British citizenship alone does not establish VWP eligibility where the relevant British status does not carry the required unrestricted right of permanent abode.

How long is an ESTA valid?

An ESTA is generally valid for multiple trips for two years from approval or until the passport used for the application expires, whichever happens first. Different validity periods can apply in some cases.

Can I update my ESTA after submitting it?

Certain information can be updated after an ESTA application has been submitted, but changes to core biographic information require a new application. A new ESTA is required if you obtain a new passport, change your name, change your gender or change your country of citizenship, or where your circumstances change so that an answer to one of the ESTA eligibility questions is different.

What happens if my ESTA application is denied?

If your ESTA is denied, you cannot travel under the Visa Waiver Program using that application. There is no ESTA appeal process, but you may be able to apply for an appropriate US visa. Reapplying for ESTA without a relevant change in circumstances will not normally resolve the underlying issue.

Is an ESTA the same as a visa?

No. ESTA is a travel authorization used to determine eligibility to travel under the Visa Waiver Program. It is not a US visa and an approved ESTA does not guarantee admission to the US.

Can I extend my stay in the US if I entered with ESTA?

Travelers admitted under the Visa Waiver Program are generally admitted for up to 90 days and are not permitted to extend their stay or change immigration status from within the US. In specified emergency circumstances, a period of satisfactory departure may be granted, but this is not an ordinary extension of VWP admission.

What if I get a new passport after my ESTA is approved?

You must apply for a new ESTA if you are issued a new passport. ESTA authorization is linked to the passport used for the application and cannot simply be transferred to the new passport.

Do children need an ESTA?

Yes. Each child traveling under the Visa Waiver Program must have their own valid, qualifying passport and ESTA authorization, regardless of age.

Can I use an ESTA for multiple trips to the US?

Yes. An ESTA is generally valid for multiple trips during its validity period, provided your passport remains valid and you continue to meet the requirements of the Visa Waiver Program. Each admission under the VWP is separately determined by CBP at the port of entry.

Glossary

Additional ESTA Resources