ESTA Statement

What do you need to declare for an ESTA application

The ESTA statement is part of the application process for an ESTA. The ESTA is a travel permit allowing the traveler to journey to the US without a visa. To apply for an ESTA, the traveler needs to submit an application. By submitting this application, the traveler 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.

ESTA statement

The statement which an applicant has to deal with can be divided in two parts. First, the applicant states that they meet all of the requirements set to qualify for an ESTA. Secondly, the traveler states that they waive their rights to appeal or review the final decision of the U.S. Customs and Border Protection agency regarding the ESTA.

Statement regarding qualification

Applying for an ESTA is only possible if the traveler 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 traveler

  • 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 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 travelers 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 traveler during the passport check after arriving in the US, makes the final judgement about whether or not to allow the traveler in. This employee at all times maintains the right to deny the traveler access to the United States, without needing to provide a reason. The traveler also agrees to provide biometric data (including fingerprints and photos) when entering US soil. Finally, the traveler 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.

ESTA application

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.