Will ESTA be denied?

[suggestionsplease1]

Planning a trip to Las Vegas, (already paid up 😬) not been to US in many years now and looking over the ESTA questions...

A long time ago around 2005 my friend and I travelled to Canada for a driving holiday, we started in Toronto and stupidly thought that we could show our passports at the Canada/US border to see the Falls from the American side. (Naively thought it would be similar to Europe at borders where we were more familiar with)

We were quickly corrected on this point and were turned around at the border but I think they might have looked over our passports and got us to sign something 😔

Now I'm looking at the ESTA question 7 thinking I probably have to put yes to it:

"Have you ever been denied a U.S. visa you applied for with your current or previous passport, or have you ever been refused admission to the United States or withdrawn your application for admission at a U.S. port of entry?"

I'm hoping to give an explanation as it was an honest mistake but just wondering if anyone has any experience here on what will happen next.

My friend has travelled to the US since, no problem, so I didn't anticipate I would have any issues, but I think that was before the ESTAs were in place.

Yes I have ChatGPT'd it, just hoping to hear from anyone knowledgeable about this area or with direct similar experience. Thanks.

I would definitely reply no to the question. It sounds like a really insignificant thing that happened in 2005 that many people would have even forgotten about. Plus it was so long ago. If you reply yes, ESTA will need to delve much deeper into what happened and in the meantime your application will be denied. Something similar happened to a family member - they did the “right” thing and they were denied entry into the US while it was investigated then to rectify the issue they needed an interview at the US embassy. It was all a huge procedure 🤦‍♀️

But you’ve never been denied a Visa and you were only denied entry because you didn’t have a Visa not for any nefarious reason. Just put ‘no’. Irrespective of tge ESTA process your friend must have obtained a Visa by some method and it clearly wasn’t an issue.

Thanks for your reply, I was certainly considering this as I don't think this question is really designed to catch these historic genuine errors of naive tourists.

However I'm really quite scared of consequences if it is then considered that the question has been answered fraudulently as that could be a lifetime ban apparently. Or it would be a complete nightmare for things to seem ok only then to be hauled aside for questioning after arrival in Las Vegas / potentially returned?!

Back in the early 2000s, DH and I did a tour of the US and Canada. We left the US and entered Canada via ferry from Seattle to Victoria. When then eventually flew back to the UK from Canada.

Two years later when we went back to the US, the immigration system showed that we had overstayed our previous 90 days. We were designated as “illegal aliens”. The system in Seattle had not register us as leaving the US. It was all sorted pretty quickly when we explained what had happened.

I have been to the US many times since under the ESTA system. It has never been a problem. Just tick No.

Your situation at the Falls border crossing happens to people al the time. Tourists making a mistake are not routinely denied entry at a later date. They are far more interested in those who have abused work visas in the past. And those who have connections to countries on the US banned list.

You have been refused admission to the US at the port of entry or border point.

The question about the visa is an OR refused admission.

You may have needed to have particular documentation to be able to enter the States and did not have it. Your passport was not enough. And no, it is not like Europe. At all.

That or any other reason they list to refuse someone entry.

The only thing to add, is that it is a risk. America of the past is not the America of today. Border controls are reportedly rude, hostile and picky.

Perhaps phone the Embassy and ask ? Make sure you get the name of the person or better still something in writing to say all is okay.

Yes, this is what I am worried about.

That's a good idea, thanks.

If you put yes you will have to apply for a visa. This takes a long time so be prepared to go to London for an in person interview. Hubby had to do it as he was too honest about a minor offence from when he was a teenager when it turned out was wiped anyway but now we on a visa for 10 years . We couldn’t risk it. Visa appointments are booked months in advance

Thanks for everyone's input. I have submitted a question detailing the event as far as I recall and asking what that means for my ESTA application to US Customs and Border Control on their help page, so hopefully that gives me a definite way forward. Really hoping it was an informal enough situation that I can just answer 'No'.

Put no for that question, you’ll have your answer by tomorrow afternoon, it’s a really quick process.

I went to the us in 2004. I don’t remember getting any sort of visa beforehand, we filled in the little white cards on the plane?

so if you’re travelling across a land border, would it not be similar? Why couldn’t you do similar, fill in the card on entry?

sorry not relevant to the o/p, just curious on how it worked then as I happily flew back and forth pre-ESTA without even thinking about visa’s …

Good luck OP! 🤞

For the future, make sure all visas or travel authorisations are approved before booking any type of non-refundable travel. In my line of work we are told very often not to book any flights before receiving visa confirmation.

Oh and re the o/p, I would put no. It’s unlikely there’ll be any record and it won’t be linked to your current passport anyway.

LV border control should be ok as they’re used to tourists flying into and out. We still travel there a lot and there’s definitely cities we choose to fly into. Some are just yes yes move along can’t you see we’re busy, others will check every document, ask to see proof of funds, your return tickets, and what to know every second of your itinerary and the reason for it.

If you’ve used your real name and eg email address, chances are it won’t be taken informally and you’ll be recommended to attend an interview in London for a 10 year visa. I’d start browsing appointments!

Assuming you are travelling under a British passport you are doing the correct thing checking British government advice
It emphasises how strict things are.

if I go again I’d fly through Dublin because you clear US immigration in Dublin - there is a “border” at the airport
A valid ESTA or visa does not guarantee you will be allowed to enter the US. Authorities may refuse you entry if, for example, they believe you plan to stay longer than permitted or have provided inaccurate or incomplete information. The US may change the conditions to travel to the US at any time without prior notice.
If you’re not sure how these requirements apply to you, contact the US Embassy or a consulate in the UK. See information from US Customs and Border Protection on entry for international visitors.

Ok so done some checking and it appears before 2022 if you wanted to enter the US either by air or at a land border you filled in a form on entry.

so why were you turned away rather than asked to fill in the visa waiver form?

I really don't know, it was so long ago!

I guess it's possible we didn't have our passports on us so we couldn't go through anyway, although that feels unlikely. I just remember us thinking 'we'll just hop across the border for a couple of hours to see it from the other side' and then realising it would be more of a faff than that. So possibly we didn't want the hassle of filling in forms / any payments if they were needed when we really naively thought it would be like Europe where I'm sure you could just show your passport quickly and keep driving.

This is incorrect. A visa or valid ESTA were required to travel towards the US long before 2022. If you are thinking of customs forms, those have nothing to do with the right to enter the country. I don’t know where you got the answer from, but I’d be wary of using that source again. (I really hope it’s not ChatGPT)

You should definitely tick no, you’ll open a whole can of worms otherwise. You weren’t refused entry, you just didn’t enter when you realised you couldn’t just hop across without paperwork and hassle.

I travelled to the US in 2013 and definitely completed an esta. Crossing the US border after I’d flown there came with long queues and lots of questions.

Never, ever, ever lie on a US government form. You can end up in custody.

You previously withdrew your application to enter the US at a port of entry. You should be honest and say so.

If the US government thinks that makes you ineligible for an ESTA, that the right of the US, and you’re a fool to try to lie because you don’t agree with their policy.

Under normal circumstances, I would say you have nothing to worry about. Unfortunately, due to the insanity of the current occupant of the White House and the lunatics who work for him, entering the U.S. has become anything but normal for non-citizens (and even for citizens at times). I'm a U.S. citizen and I haven't encountered any difficulties, but I could tell you tales about friends and acquaintances that would curl your hair.

In your shoes, I would do as a PP suggested and contact the Embassy, preferably as anonymously as possible.

There was definitely a different form of entry before the Esta which was some kind of green form you had to fill in. I’ve crossed the border from Toronto to the US several times by car in the 90s and had to get out to fill in some forms and show passports. It wasn’t anywhere near as strict as today. I think the Esta was introduced sometime in the early 2000s?