“Denied ESTA???!!? What do I do?”
The Visa Waiver Program (VWP) enables most citizens or nationals of participating countries to travel to the United States (US) for tourism or business for up to 90 days without obtaining a visa at a US Embassy. Travelers must have a valid Electronic System for Travel Authorization (ESTA), which is an automated system that determines the eligibility of visitors to travel to the US on the VWP; however, there are instances when an ESTA application is denied, leading to concerns and uncertainties for the applicants.
Who is eligible to file for an ESTA?
You may be eligible to file for an ESTA if all the following are true:
- You are a citizen or eligible national of a Visa Waiver Program country.
- You are currently not in possession of a visitor’s visa.
- Your travel is for 90 days or less.
- You plan to travel to the US for business or pleasure.
Understanding ESTA Denials
ESTA denials can occur for various reasons, including simple technical issues or mistakes made in the application. They can also be the result of more substantive concerns about the applicant’s eligibility. Common reasons for denial include issues with previous visa overstays, inaccurate information or having a criminal history.
Visa Options When an ESTA is Denied:
If your ESTA has been denied and you still want to visit the US, then you can apply for a B1/B2 visas at the US embassy in your home country. If the soonest appointment takes place after your trip is scheduled to depart for the US, then you may want to book that appointment and then apply for an expedite request. If you do apply for an expedite request then you need to clearly explain this in your request for an earlier appointment.
Obtaining Assistance with an ESTA Denial
When facing a denied ESTA application, you may want to consider engaging a law firm that specializes in immigration law to improve your chances of a successful resolution. At AVA, we can help with the following:
- Reviewing the Denial: We will carefully review the facts of your denial to identify whether any inaccuracies or misinterpretations were made by immigration authorities. Understanding the exact grounds for denial is crucial for building a strong case in the appeal or reapplication process.
- Preparing an Appeal: In some cases, applicants have the option to appeal a denied ESTA application. We can assist in preparing a comprehensive appeal by addressing the specific issues raised in the denial and presenting additional documentation or clarifications to support the applicant’s eligibility.
- Exploring Alternative Options: If an appeal is not a viable option, our law firm can explore alternative avenues for entry into the US, which may include applying for a traditional visa, such as a B-1/B-2 tourist visa as mentioned above, or seeking other immigration pathways that align with the applicant’s circumstances.
Facing a denied ESTA application can be a very stressful experience. If your ESTA has been denied and you would like to meet with the compassionate attorneys at AVA, you can schedule an immigration consultation here. We would be happy to partner with you to navigate the complexities of the immigration system and work towards a successful resolution to your ESTA application challenges.
You may also contact us at (970) 680-1223. Our attorneys are authorized to practice US immigration law in all 50 states and in US embassies and consulates around the globe!
Current as of February 28, 2024
*Please be advised that this is not legal advice and engagement with this post does not create an attorney/client relationship.
For additional information, see:
Student/Cultural Exchange/Tourist – AVA Global (aspirevisaattorneys.com)