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Common F.A.Q. - Electronic System for Travel Authorization

These questions and answers are paraphrased, taken directly from the Electronic System for Travel Authorization website. ESTA™ is a trademark of the U.S. government.

Q - Refused Entry - What are my options if I have been denied entry to the U.S. under the visa wavier program??
A - according to INA Section 217(g), you have only one option. Apply at a consular office .. long answer -

Q - Criminal Record - Can I be admitted into the U.S. if I have either a misdemeanor or criminal record?
A - One D.U.I is not generally a problem, however .. long answer -

Q- Errors - How can an applicant correct a mistake when completing their ESTA application?
A - Submit a new ESTA application .. long answer

Q - Hard Copy? Do VWP travelers need to bring a paper printout of their ESTA approval to the airport?
A - No. .. long answer

Q - I-94W? If a VWP traveler has received ESTA approval, does he or she also need to fill out an I-94W?
A - Yes. .. long answer

Q - Transit Will travelers that are in-transit be required to obtain an ESTA authorization?
A - Yes. .. long answer

Long Answers to ESTA F.A.Q.

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Denied Entry
If you have been refused admission under the VWP, you can never use it again.

INA Section 217(g) VISA APPLICATION SOLE METHOD TO DISPUTE DENIAL OF WAIVER BASED ON A GROUND OF INADMISSIBILITY- In the case of an alien denied a waiver under the program by reason of a ground of inadmissibility described in section 212(a) that is discovered at the time of the alien's application for the waiver or through the use of an automated electronic database required under subsection (a)(9), the alien may apply for a visa at an appropriate consular office outside the United States.

There shall be no other means of administrative or judicial review of such a denial, and no court or person otherwise shall have jurisdiction to consider any claim attacking the validity of such a denial.

Criminal
The U.S. does not deny entry to persons with a "Driving Under the Influence" conviction - although if there are multiple convictions for this and or other misdemeanors, you could be denied entry.

Generally, any convictions for drug possession can result in denial of entry. If the conviction was long ago, you might contact the U.S. Embassy, Office of Consular Affairs in your country to obtain a waiver. Other misdemeanors may result in denial if they were recent.

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Errors
The ESTA Web site prompts applicants to review the data submitted for the overall application prior to submission. Also, the ESTA Web site requires the applicant to reaffirm the passport number prior to submission. If an applicant makes a mistake when filling out the passport information, identifying biographic information, or eligibility questions, and he or she realizes the mistake only after having submitted the ESTA application, he or she will need to submit a new ESTA application. Any other mistakes, including e-mail address, telephone number, carrier, flight number, city of embarkation, and address while in the United States may be corrected or updated by using the ESTA update function.

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Hard Copy
DHS will be able to communicate a traveler’s ESTA status to the carriers. However, DHS recommends that travelers print out the ESTA application response in order to maintain a record of their ESTA application number.

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I-94W
ESTA will allow DHS to eventually eliminate the requirement that VWP travelers complete a paper Form I-94W prior to being admitted to the United States. While DHS continues to work together with the airlines to fully automate the I-94W process, all VWP travelers applying for admission at a U.S. port of entry, including VWP travelers who have obtained travel authorization via ESTA, must present a completed Form I-94W to U.S. Customs and Border Protection.

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Transit
The United States no longer has a Transit Without Visa program, so eligible nationals or citizens of countries that participate in the VWP will require either ESTA authorization or a visa to transit the United States. If a traveler is only planning to transit through the United States en route to another country, when he or she completes the ESTA application, the traveler should enter the words "In Transit" and his or her final destination location in the address lines under the heading "Address While In The United States".
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