An ESTA is a free entry visa which allows you to enter the US for up to 90 days. It’s also known as the Electronic System Travel Authorization or e-Visa. This Visa was created in 2001 and is now used by over 50 million people per year.
There are several reasons why your ESTA may be denied, including the following:
You have previously committed a crime in another country
The State Department can deny someone with a criminal record from entering the United States if they believe it is in their “national interest”. So, if you were arrested on drug charges in France and convicted of possession, this could affect your ability to obtain an ESTA.
Your name does not appear on the database
If you apply in person at one of the many US Embassies around the world or via the US Customs and Border Protection website, your application will go through.
You don’t have enough money to pay for the trip
The ESTA fee is $14 USD. The State Department estimates that it costs roughly $1,000 to travel to the US every single year. If you don’t have the money or access to funds, then the chances of getting an ESTA denied are high.
A person should plan to fill the esta form after having the complete idea of the reason that might lead to the cancellation of form. If the person will face with these issues then in that case only the cancellation of the form will be there. In other situation there is always the acceptance of form to reach the goals.
Why would an ESTA get rejected?
Here are some situations where an ESTA would definitely get denied:
- You have been charged with a felony offense in the US
- You have been charged with domestic violence
- You are under investigation by the FBI
- You are involved in human trafficking
- You are listed as a terrorist or a suspected terrorist
- You are on the no-fly list
- You are on the watchlist
- You have been deported from the US
If you fit into any of these categories (or think you might) then you need to speak to a lawyer before travelling to the United States. You should also contact the US Embassy in your home country and ask them if they have a letter confirming that the person who applied for the ESTA is allowed to visit America. This letter should also confirm that the person has no criminal record.
How do I start my legal process?
Once you know that your ESTA will most likely get denied, there are two options: you either fly to the US and apply for a B-1/B-2 visitor’s visa, or you apply for asylum.
It’s important to note that once you arrive in the US, you cannot change your decision.
In order to start your legal process, you need to file a petition for legal status. There are three different types of petitions: asylum, withholding of removal, and protection under the Convention Against Torture (CAT).
To understand what each type of petition means, we recommend reading our guide to the US asylum process, but here’s a quick overview:
Asylum – A refugee who has fled their country because of threats, abuse or persecution, and needs protection in another country.
Withholding of Removal – An applicant who is already in the United States and fears returning to the country they came from due to threats, abuse or persecution.
CAT – A refugee who is currently living in another country and fears being sent back to their home country and facing torture. They must prove that they would face a clear probability of suffering torture if returned.
Once you have filed your petition, you will be given a date to report to a US Consulate. You will be interviewed by a consular officer who will decide whether your case meets the criteria for granting asylum. If you do meet these criteria, then you will be granted refugee status and a final decision will be made about how long you will stay. If you are unable to receive refugee status, then you will be provided with a document called a Notice of Decision, detailing why your petition was denied.
What is the difference between an ESTA and a B-1/B-2 visa?
The answer to this question is complex, but basically the Visa Waiver Program allows citizens of 38 countries to travel to the US without having to fill out the full visa form; instead, they only need to fill out the ESTA form online.
However, there are some differences between these two forms:
Visitor’s Visa – Allows visitors to come into the country for up to 90 days. Visiting family members who live in the USA is possible, but you must first apply for a visitor’s visa from the nearest US Embassy abroad.
Business Visa – Allows businesspeople to spend more than 90 days in the country. However, this form requires a company sponsor, so it isn’t suitable for tourists.
B-1/B-2 Visa – These visas allow people to come into the country for up to 180 days, but they are only available to students, journalists, religious workers, artists and scholars. Business travelers need a special permit from the US Secretary of State to be issued a B-2 visa.
So, if you want to travel to the US, make sure you check these visa requirements thoroughly before making a plan.
