Can EU citizen travel to US by car with ESTA denied in the past?

[ninz 14]

My sister is in Canada and some time ago she planned to fly in US but then changed plans. While applying for ESTA at that time, she did very obvious mistake and got ESTA denied (wrong country of residence and city of residence in different country, didn't check properly application).

Now she's visiting Canada and she wants to visit NY by car with friends.

We know, that for EU citizens, by law she doesn't need ESTA, nor visa to visit US, if crossing by land. That's the rule. EU citizen only needs ESTA of visa if wants to fly to US.

But she has denied ESTA in her record somewhere. Can she still travel to US by land? Because this is very confusing.

Edited July 24, 2016 by vesnaodna

[NigeriaorBust 4,087]

Has she tought of filing a correctly filled out esta and seeing the results ?

[ninz 14]

Yes and no luck. She was told by ESTA authorities to apply for visa and she was told there will be probably several weeks waiting time. So she changed plans.

So officially if she logs in, the status is denied. Which means she cant fly to US by plane.

Edited July 24, 2016 by vesnaodna

[Mollie09 1,543]

My sister is in Canada and some time ago she planned to fly in US but then changed plans. While applying for ESTA at that time, she did very obvious mistake and got ESTA denied (wrong country of residence and city of residence in different country, didn't check properly application).

Now she's visiting Canada and she wants to visit NY by car with friends.

We know, that for EU citizens, by law she doesn't need ESTA, nor visa to visit US, if crossing by land. That's the rule. EU citizen only needs ESTA of visa if wants to fly to US.

But she has denied ESTA in her record somewhere. Can she still travel to US by land? Because this is very confusing.

Can she try? Sure. Will she be denied? No way to know. She has a higher chance than most, but she can still try.

[ninz 14]

Of course i know she can try. The question is, is this legal to cross by land if you're not allowed to cross by plane? Becasue if this is legal, there's no concerns. Becasue this whole thing is so confusing

[jan22 2,898]

When they run her passport at the port of entry, they will see she was denied ESTA and was told to get a visa. IMO, it is highly unlikely that she will be granted entry.

[TheCaptain 67]

My sister is in Canada and some time ago she planned to fly in US but then changed plans. While applying for ESTA at that time, she did very obvious mistake and got ESTA denied (wrong country of residence and city of residence in different country, didn't check properly application).

Now she's visiting Canada and she wants to visit NY by car with friends.

We know, that for EU citizens, by law she doesn't need ESTA, nor visa to visit US, if crossing by land. That's the rule. EU citizen only needs ESTA of visa if wants to fly to US.

But she has denied ESTA in her record somewhere. Can she still travel to US by land? Because this is very confusing.

Looking at the CBP website even though they do not require the ESTA to be completed to enter the US, they are required to complete the I-94W upon land entry.

From the CBP Website :-

https://help.cbp.gov/app/answers/detail/a_id/1132/~/citizen-of-visa-waiver-country%2C-wants-to-drive-into-u.s.-from-canada-or-mexico%2C

If you are a citizen of a country that participates in the Visa Waiver Program (VWP), and you enter the U.S. by land from Mexico or Canada, you are only required to complete the paper I-94W form at the land border crossing

I-94W Form :-

http://amsterdam.usconsulate.gov/uploads/images/P9Iq5HW2NS8hA2EWdGRSFg/I-94W.JPG

The I-94W question E states :-

Have you ever been denied a U.S Visa or entry to the U.S or had a visa cancelled? If YES, when and where?

They your sister is going to be required to answer YES at this question which may invalidate their ability to enter via land crossing. It will all be based on the investigation by CBP at the time of entry.

[JFH 12,189]

I think you are confusing ESTA and the VWP, OP.

ESTA is just the online approval system for passengers using the VWP AND who are arriving by air or sea. When arriving by land, although you don't need an electronic approval in advance, she is still trying to use the VWP. Although the method of application for acceptance is different (online form and $14 payment vs show up at the border, passport scanned and $6 fee) it's still the same thing. The air and sea arrivals use the ESTA pre-clearance method to save time at the airports and ports. Not such an issue at the land borders and people are easier and cheaper to turn away at land borders than they are at airports (cost of deporting people is very expensive - hence pre-approval to cut down the likelihood that people will be turned away at POE. ESTA approval is to "weed out" the inadmissibles before they get there).

A denied ESTA, if I recall correctly, excludes travellers from participating in the VWP for a certain period of time, regardless of the arrival method and approval procedure.

To my mind, she will need a visa.

[EmilyW 1,222]

It's an interesting concept as, if that were the case, every European wanting to cross the border would just fly into Canada and drive across.

[ninz 14]

I think you are confusing ESTA and the VWP, OP.

ESTA is just the online approval system for passengers using the VWP AND who are arriving by air or sea. When arriving by land, although you don't need an electronic approval in advance, she is still trying to use the VWP. Although the method of application for acceptance is different (online form and $14 payment vs show up at the border, passport scanned and $6 fee) it's still the same thing. The air and sea arrivals use the ESTA pre-clearance method to save time at the airports and ports. Not such an issue at the land borders and people are easier and cheaper to turn away at land borders than they are at airports (cost of deporting people is very expensive - hence pre-approval to cut down the likelihood that people will be turned away at POE. ESTA approval is to "weed out" the inadmissibles before they get there).

A denied ESTA, if I recall correctly, excludes travellers from participating in the VWP for a certain period of time, regardless of the arrival method and approval procedure.

To my mind, she will need a visa.

I have google the case, where one person with similar situation traveled with ESTA denied by crossing by land and answered "YES" for question about previous visa denials and got admitted, the officer only asked what happened. That's why I'm confused.

Edited July 24, 2016 by vesnaodna

[txl344655 7]

Instead of reapplying for ESTA, follow the instructions on this page:

https://help.cbp.gov/app/answers/detail/a_id/1074/~/esta-application-denied

There is a way to send an email to ESTA admins and inform them of any errors that were made in an ESTA application.

[ninz 14]

Instead of reapplying for ESTA, follow the instructions on this page:

https://help.cbp.gov/app/answers/detail/a_id/1074/~/esta-application-denied

There is a way to send an email to ESTA admins and inform them of any errors that were made in an ESTA application.

did that. they stupidly sending you reply, mistake or not mistake, apply for visa

[Lotofdoubts 18]

If they already told your sister to apply for a visa, that is what she should do... In this page nobody will tell you to lie/ hide information or do anything illegal... What I mean is, she was already denied, why risking more trouble??? Better apply for the visa they already told her to apply for

[txl344655 7]

It does appear that B1/B2 visa is probably the safest route at this point. Your sister should be able to explain the mistake she made to the consular officer.

You could also try filling out a complaint on CBP web site. Choose the last option:

https://help.cbp.gov/app/forms/complaint/kw/esta/p/0/c/0

[ninz 14]

It does appear that B1/B2 visa is probably the safest route at this point. Your sister should be able to explain the mistake she made to the consular officer.

You could also try filling out a complaint on CBP web site. Choose the last option:

https://help.cbp.gov/app/forms/complaint/kw/esta/p/0/c/0

probably cancel US visit this time, as it takes several weeks/moths to obtain a visa in this case, according to what embassy told her

Edited July 24, 2016 by vesnaodna