The security questions on the ESTA form
The ESTA application form includes a number of security questions. Only travellers who can answer ‘no’ to all questions are eligible for an ESTA. On this page, you can find out what these questions are and what to do if you must answer ‘yes’ to one of them.
Why are security questions asked?
The US government has a specific view on the potential security risks that a traveller might pose. Through the security questions, the US Immigration Services refuse entrance in the country to those travellers who, according to their definition, pose a security risk. Compared to application forms for other countries, the US form contains a large number of security questions. Unfortunately, due to these security questions, many travellers who want to visit the United States with the best of intentions are permanently denied entry.
What if I have to answer ‘yes’ to one of the security questions?
The ESTA is the easiest way to travel to the United States without a visa. If you need to answer ‘yes’ to any of the questions, you will no longer be eligible to apply for an ESTA. This does not mean that you will never be able to travel to the United States. If this happens, you can always apply for a physical visa at the US Consulate. In the United Kingdom, the US Consulate in London is responsible for visa applications; in Ireland, it is the US Embassy in Dublin. Applications for physical visas are assessed manually by a consulate official. The application procedure always includes a face-to-face interview at the consulate.
During the interview, you will have the opportunity to explain the situation in more detail, including the reason why you need to answer ‘yes’ to one or more security questions.
Should you answer yes or no?
You are advised to read the security questions carefully. If you doubt about answering a question with ‘yes’ or ‘no’, you can always choose to travel on a traditional visa rather than an ESTA.
If you want to apply for a physical visa you should be aware that the delivery time will be longer and the costs will be higher. You will also need to make an appointment at the consulate.
Question 1: Serious physical or mental illness, drug addiction
Does this passenger have a physical or mental condition that could pose a risk to those around them; does this passenger use drugs; or is this passenger currently suffering from a serious infectious disease?
Travellers who, due to a physical or mental condition, pose a danger to those around them must be denied entry on the basis of this question. This specifically refers to a ‘dangerous or contagious’ disease or condition. Travellers who are ill or have a mental condition but do not pose a danger to those around them may answer ‘no’ to this question. Drug addicts are also denied entry on the basis of this question.
Travellers who have used substances that are legal in their home country and who are not addicted may answer ‘no’ to the question.
In the following cases, you must answer ‘yes’ to the question and will not be able to submit your ESTA application:
- the traveller poses a danger to those around;
- the traveller is addicted to one or more types of drugs;
- the traveller has a serious infectious disease, such as cholera, infectious tuberculosis, diphtheria, plague, smallpox, yellow fever, viral haemorrhagic fevers such as Ebola, Lassa, Marburg and/or Crimean-Congo, or serious acute respiratory illnesses that are transmissible.
Question 2: Arrests and convictions
Has this traveller ever been arrested or convicted of a criminal offence that resulted in serious property damage or serious injury to another person, or damage to a public institution?
If you have a criminal record, this does not automatically mean that you can no longer apply for an ESTA. You will only be unable to apply for an ESTA if the offence resulted in serious material damage or serious injury to another person, or caused damage to a government institution. If this is not the case, you can answer ‘no’ to this question.
Question 3: Possession, use and distribution of drugs
Has this traveller ever broken the law regarding the possession, use or distribution of illegal drugs?
If the traveller has ever broken the law regarding the use or distribution of illegal drugs, this question must be answered with ‘yes’. You will find the relevant legal provisions in sections 212 and 1182 of the Immigration and Nationality Act 8 USC and the regulations of the Code of Federal Regulations.
Question 4: Spies, terrorists, saboteurs and genocide
Does this traveller intend to take part in, or has this traveller ever taken part in terrorism, espionage, sabotage or genocide? Travellers who have never been involved in espionage, terrorism, sabotage or genocide may answer ‘no’ to this question.
Question 5: Attempted fraud relating to visas or entry into the US
Has this traveller ever attempted to fraudulently obtain a visa or entry into the United States for themselves or others?
Travellers who have deliberately provided incorrect information in a previous visa or ESTA application will never again be eligible for an ESTA. You may answer ‘no’ to this question if this is not your case.
Question 6: Jobseeker in the US
Is this traveller currently looking for employment in the United States, or has this traveller ever worked in the United States without prior authorisation from the US government?
If you are looking for a job in the US, you cannot travel on an ESTA. Your application will be rejected. Travellers who have previously worked in the US without a work permit are no longer eligible to apply for an ESTA and must answer ‘yes’ to this question. You are allowed to travel to the US in order to work for a foreign employer. In that case, you can click ‘no’.
Question 7: Have any previous ESTA or visa applications been refused?
Has this traveller ever been refused a visa for the US; or has this traveller ever been refused entry to the United States; or has this traveller ever withdrawn an application for entry to the US?
If in the past you submited a visa application that was rejected by the immigration authorities, you can no longer use an ESTA. This applies even if you withdrew the application yourself.
Question 8: Maximum length of stay exceeded
Has this traveller ever stayed in the United States for longer than permitted by US immigration authorities?
If you have previously stayed in the United States for longer than your visa or ESTA allowed, you need to answer ‘yes’ to this question and you will not be eligible for an ESTA.
Question 9: Residence or nationality of certain countries
Has this traveller visited Cuba, Iraq, Iran, Yemen, Libya, North Korea, Sudan, Somalia and/or Syria on or after 1 March 2011, or does this traveller hold the nationality of one of these countries?
If you have visited Cuba, Iraq, Yemen, Libya, North Korea, Sudan, Somalia and/or Syria since 1 March 2011, you must answer ‘yes’ to this question and are therefore not eligible for the ESTA anymore. Travellers who have ever held the nationality of one of the countries listed are subject to stricter scrutiny and are often refused. If you must answer ‘yes’ to this question, you cannot apply for an ESTA. However, you can apply for a physical visa via the US Embassy or Consulate. During the interview, you must explain exactly what you were doing in the country.
Have you answered ‘no’ to all the questions?
In that case, you can apply for an ESTA through this website. However, there is never a guarantee that your ESTA application will be approved. It is advisable to submit your ESTA application well in advance, so that you know if you are permitted to travel to the United States before booking your flight. If you submit your application early, you may still have enough time to apply for a physical visa in the event of a refusal.
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