When entering the United States on a Visa Waiver, travelers should be aware that Customs and Border Protection (CBP) officers may deem the failure to disclose certain circumstances as a misrepresentation when completing the ESTA (Electronic System for Travel Authorization) application. Some of the circumstances that can impact the ESTA travel authorization include:
- When a person’s nonimmigrant visa application at a U.S. embassy or consulate has been referred for “administrative processing” by a consular officer and is still pending; the visa applicant must answer “yes” to the question about being “denied a U.S. visa or entry into the United States.”
- Where a consular officer at a U.S. embassy requests that the visa applicant complete a new Form DS-160 to correct the visa category stated on a submitted Form DS-160, that person should answer “yes” to the question about being “denied a U.S. visa or entry into the United States.”
- Any arrests (even if not ultimately charged, or if the record was expunged or dismissed), must be disclosed by answering “yes” to the question about prior arrests.
