Many families dream of heading over the pond to the US for a big holiday.
But for some people, that dream has the potential to be dashed at the first hurdle.
To enter the States, travellers must have a visa waiver, called an esta, or a visa from the US embassy or consulate. However, those who have been in trouble with the police may find that getting into the country is harder than they’d first thought.
The majority of Brits will be able to head over the pond on an esta. The visa waiver programme is valid for business or pleasure travel that is for less than 90 days, meaning your dream Disney World trip would be covered.
However, the entry requirements are very strict and there are many reasons why you may be rejected. The number one thing to remember is that you must declare everything on your application.
Read more: Simple tips to get more out of your holidays in 2023
Arrested, cautioned or convicted
The US Embassy states that anyone who has been arrested, cautioned or convicted anywhere in the world must declare it on their application. In cases where an arrest resulted in a conviction, you may be permanently ineligible to receive a visa and will require a waiver ineligibility to travel to the United States.
It is worth noting that having a criminal record does not mean that any application will be denied, but that there are a few more hurdles along the way. The questions asked about criminal convictions on the ESTA website are as follows:
Have you ever been arrested or convicted for a crime that resulted in serious damage to property, or serious harm to another person or government authority?
Have you ever violated any law related to possessing, using or distributing illegal drugs?
Do you seek to engage in or have you ever engaged in terrorist activities, espionage, sabotage or genocide?
Have you ever committed fraud or misrepresented yourself to obtain, or assist others to obtain, a visa or entry into the United States?
Answering yes to these will mean that you face the risk of being denied an esta and even a visa. You can use the US Embassy’s visa wizard to check which you should apply for, though know it will not be able to tell you whether you’ll be accepted or not. The only way to determine this is to apply.
Prohibited countries
As well as a criminal record, if you’ve been to any of the countries on the USA’s banned list, then your esta will be denied. The list includes Iraq, Syria, Iran, Sudan, Libya, Somalia or Yemen, and recently Cuba too.
If you have a stamp from any of these countries in your passport, you’ll have to go through the visa process instead of the esta waiver. For visits to Cuba, this only applies if you’ve been there since January 2021.
That means if you visited Cuba before January 12 2021, you’ll have to apply via the more expensive and time consuming visa route instead of an esta.
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