My ESTA application was denied, can I go to the US by land instead?
I'm German citizen, planned to visit my gf in US and my ESTA wasn't authorized. I think I did stupid mistake while applying, didn't check properly my answers, contacted ESTA authorities to fix mistake but was told to apply for a visa anyway and not to try to re-apply for ESTA. So I had to cancel my travel plans, because visa takes several weeks for ESTA denied people, so embassy told me. So at that time my gf visited me in Germany as it was easier.
Now I'm in Canada (Montreal) for business and my gf is in New York. I still want to visit her in US and meet her family for 3-5 days. I want to travel by bus.
I know that by law if I cross by land, EU citizen doesn't need ESTA nor visa. That's the rule. But I have ESTA denied in my record if I login, and I don't know if I can still go to US by land? Do they verify your ESTA status at canadian border and is it legal to go to US in my case?
Best Answer
ESTA approval "authorizes a traveler to board a carrier for travel to the United States under the VWP": see https://help.cbp.gov/app/answers/detail/a_id/1072/~/about-the-electronic-system-for-travel-authorization-(esta). Lacking this approval, technically you're only prohibited from boarding such a carrier under VWP, but not prohibited all travel under VWP.
However because you were denied, this means you were found ineligible to travel under VWP according to the answers you provided. Therefore it is important to know on which grounds your ESTA has been denied.
Why? Some of those grounds may make you inadmissible to USA at all (for example if you've committed certain crimes), in which case going over land would make no difference as you would be denied entry.
However other grounds may make you inadmissible to enter the USA on visa waiver only (for example if you claimed you intended to work in USA). In this case the denied ESTA will not make you inadmissible, and you can enter over the land IF the purpose of your visit is aligned with the visa waiver program. Expect skepticism from the CBP in this case, and make sure you bring all the documentation supporting your corrected statement.
Worth pointing out that even approved ESTA doesn't guarantee entry into US.
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What can I do if my ESTA is denied?
Further information about ESTA denials is available from their website. If you believe you were incorrectly denied, you may go to the DHS/TRIP Web site and file a redress request through the DHS Travel Redress Inquiry Program.Do I need ESTA to enter US by land?
Visitors to the US who intend to enter the country by land must get a valid ESTA before arrival. Travelers are advised to request their travel authorization at least 72 hours before departure, in case of delays.Can I reapply for ESTA after being denied?
You can notably reapply for an ESTA online after a waiting period of 10 days following the receipt of the refusal notification if the refusal is due to a simple error you made when completing the form. In this case, the refund of costs and fees incurred can be used to pay for the new application.What if my ESTA is not approved in time?
You will not be permitted to travel to the U.S. until you have applied for ESTA again, using correct information, and receive authorization. If your application is rejected due to an error in entering information, do not panic; wait at least 24 hours and then apply for ESTA again.My esta got denied and nobody knows why
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Answer 2
ESTA is a registration for eligibility to travel visa-free by air or sea, and is not needed to enter by land. However, if you're ever denied an ESTA, you can no longer travel visa-free at all, whether with or without an ESTA by land.
From the ESTA FAQ "The denial of a travel authorization only prohibits travel under the Visa Waiver Program and is not a determination of eligibility for a visa to travel to the United States". Note: under the VWP altogether, not necessarily using an ESTA esta.cbp.dhs.gov/esta/application.html?execution=e1s1
What were the mistakes if I may ask? I would contact CBP again if I were you, as the answer could very well depend on the Person answering the phone
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