Can or would the US deny you entry simply for lack of an ESTA?
In a hypothetical scenario, you are a VWP national who has managed somehow to arrive at a US entry point, by air, without an ESTA. I know it shouldn't happen. Maybe the airline made a mistake. The reason doesn't matter.
My question is: assuming that there is no other reason to deny you entry to the US under the VWP, can or will the border guard deny you entry simply for not having an ESTA? Do they check? Do they care?
EDIT: As npl points out, there are entry points to the US at Canadian airports, and you can easily reach them without having a valid ESTA. Will they turn you away?
Best Answer
ESTA is one of the statutory requirements for using the visa waiver program; it is specified at 8 USC 1187(a)(11).
The previous paragraph, 8 USC 1187(a)(10), requires VWP carriers to transmit data to the government before bringing the paassenger. The system they use to do that includes a check of ESTA status, so getting to the US without ESTA will be virtually impossible in practice.
The fact that those arriving at the land border are exempt from ESTA appears to be regulated by omitting the mention of land borders in 8 CFR 217.5.
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Can you be denied entry with ESTA?
If you already have an approved ESTA, you may still be denied entry to the United States without a visa refusal. On the one hand, the ESTA or any other visa does not guarantee that you can enter the USA. The customs and border guards alone decide whether you are allowed to enter or not.What reasons would an ESTA be denied?
The most common reasons for rejection of ESTA application In the past, overstayed when visited the US. In the past, worked without required VISA and pointed out from authorities when visited the US. In the past, rejected the entry to the US for some reasons. In the past, deported for some reasons after staying the US.What happens if you travel to the US without an ESTA?
If you forget to apply for your ESTA, then you will not be allowed to travel. Usually, you will be stopped at your departing airport as you will not have the required travel authorisation to enter the US.What happens if you are denied an ESTA?
If travel authorization under ESTA has been denied, you are required to apply for a visa.5 Top Reasons You May be Denied Entry into The US
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