What do you need to agree to for an ESTA application?
The ESTA statement is part of the application process for an ESTA. The ESTA is a travel authorisation allowing the traveller to journey to the US without a visa. To apply for an ESTA, the traveller needs to submit an application. When submitting this application, the traveller needs to state that they agree with a number of things, the so called ESTA statement. On this page you can read what this statement entails.
The statement which an applicant has to deal with can be divided into two parts. First, the applicant states that they meet all of the requirements set to qualify for an ESTA. Secondly, the traveller states that they waive their right to appeal or review the final decision of the U.S. Customs and Border Protection agency regarding the ESTA application.
Statement regarding qualification
Applying for an ESTA is only possible if the traveller states that they meet all of the requirements to submit an application and be allowed entry into the US. This concerns the following requirements: the traveller
- has filled in all safety questions in the application form correctly and in good conscience
- has not been in Libya, Sudan, Yemen, Somalia, North Korea, Syria, Iran or Iraq since March 2011
- has the nationality of a country in the Visa Waiver Program, such as the UK
- is only going to the US for tourism, business or on a transit
- will not stay in the US for longer than 90 consecutive days
- will not apply for any form of extension of the length of stay after arrival in the US
- already possesses a return flight ticket out of the US
- is making the application with a passport that is valid for the entire stay in the US
- will not live or study in the US
- will not enter into employment in the US
- will travel into the US with an airline that is part of the Visa Waiver Program
- has never intentionally filled in wrong information during an ESTA or visa application
- has never intentionally provided false information to an employee of the US government
- has never been convicted of serious criminal activities (including outside of the US)
- is not awaiting a sentencing (in or outside of the US)
- is not being investigated by police or the law regarding possible criminal acts
- does not pose a threat to the safety, health and/or law enforcement in the US
- will not be excluded based on the Immigration and Nationality Act
- does not suffer from serious diseases which are transmittable
- is not addicted to narcotics
- does not suffer from a mental affliction which can pose a threat to the environment
- has not violated an ESTA statement before
Statement regarding waiving of rights
To qualify for a valid ESTA, the ESTA statement regarding the waiving of rights needs to be agreed on. This part of the statement is for the purpose of taking away the right to review any decisions made by U.S. Customs and Border Protection. This refers to rejected ESTA applications where travellers agree not to appeal the decision by agreeing with the statement.
This part of the statement also states that the U.S. Customs and Border Protection employee which receives the traveller during the passport check after arriving in the US, makes the final judgement about whether or not to allow the traveller in. This employee at all times maintains the right to deny the traveller access to the United States, without needing to provide a reason. The traveller also agrees to provide biometric data (including fingerprints and photos) when entering US soil. Finally, the traveller declares that they are willing to confirm any previously made statements after arriving in the US, if an employee of the U.S. Customs and Border Protection agency or Homeland Security asks for this.
Do the above mentioned parts of the ESTA statement not pose a problem to make use of the ESTA travel permit for the United States of America? Then you can submit an application through the application form, which also means you agree with the statement. If you are flying within 72 hours, you can submit an urgent ESTA application.