Esta Declined
 

Hello,

My esta was declined as I answered Q2 incorrectly, I know this can't be corrected and I need to apply for a Visa now..

I do have a Canadian eTA however and want to travel by Amtrak from Vancouver to Seattle. Will this be possible on an I94W or I am just wasting my time and facing being refused entry ?

Many thanks.

Re: Esta Declined
 

If you already had means of entering the US, why would you apply for ESTA?

Possible? Yes. Legal? No.

The chances of getting caught may be slim, but there is always the risk of being turned away at the border.

It's up to you if you want to risk it bearing in mind that if you do get refused entry, it may affect any future application.

Re: Esta Declined
 

Sure it can. Start here.


If you can document that you entered an incorrect response, completing an I-94W at the border should be fine. Try to correct ESTA first, though.

Ian

Re: Esta Declined
 

Thanks for the feedback.

I have called and emailed CBP. As I answered Q2 incorrectly, it can't be corrected:-

Unfortunately we are unable to reconsider the application and reapplying will not correct the issue. When you check "yes" to a question on the application you must confirm the answer through a pop up which asks, "Are you sure you wish to answer yes to this question?" Additionally every applicant must check the certification box at the end of the application indicating that all information being submitted is true and correct.

We recommend that applicants review their information on the review screen during the application process and correct any erroneous information before submission by clicking the "Previous" button to edit information.
We were previously able to review a criminal history and make a determination but we no longer have that ability.

If you have been denied an ESTA travel authorization, you may be able to obtain a visa from the Department of State. Visa applications are made at the U.S. Embassy or Consulate. Please visit the United States Department of State web site at www.travel.state.gov for additional information about applying for a visa. An ESTA denial does not deny entry into the United States. This response only prohibits traveling under the Visa Waiver Program.

We are flying to Canada for a holiday ( have the eTA for Canada ) and then want to go to Seattle by Amtrak for 3 days before returning by Amtrak, hence the question re the I94W.

Thanks.

Re: Esta Declined
 

OK, so you have the means to enter Canada but not the US. In this case, you do NOT have any way of legally entering the States, so no, I would not suggest you even try to cross the border without attempting to either correct the ESTA application or obtain a B1 visa.

Re: Esta Declined
 

You are always free to seek permission to enter the US at the border. If the CBP officer believes your story, he has the authority to allow you to enter the US. If he doesn't believe you, he has the equal authority to deny you entry.

If you have the time, you should consider applying for a B-2 visitor visa.

Ian

Re: Esta Declined
 

Thanks.

We don't have time to get the B-2 I'm afraid.

The Amtrak website states:-

Travelers crossing from Canada into the U.S. on Amtrak Cascades trains AND are NOT U.S. or Canadian citizens nor have a valid visa, MUST have an approved ESTA, otherwise a paper form CBP I-94 will be required. If you are a VWP (Visa Waiver Program) traveler, this applies to you. (Amtrak Cascades trains do not fall under the U.S. CBP “Land Border Crossing” definition.)

Re: Esta Declined
 

Am I not right in thinking that you don't need an ESTA when entering the US at a land border point?

Re: Esta Declined
 

In that case, you won't be going to Seattle. Sorry!

Ian

Re: Esta Declined
 

Yes, but the Amtrak train does not pass a land border point... so, in this case, no.

Ian

Re: Esta Declined
 

Could you explain that to me, Ian. I know when I take the train from Montreal to New York, the train stops, officials come onboard and we have had to show our passport or if you are an American at time your driver's license. Others on the train had to leave and reboard after being taken to the office for paperwork. So how does the train from Vancouver to Seattle not pass a land border point?

Re: Esta Declined
 

Post #7. States the answer on the website.

Re: Esta Declined
 

I'm sorry, I should have been more precise. Passengers pre-clear immigration in Vancouver when they board... the same as if they were flying from an airport. IIRC, once the train leaves Vancouver, BC the first stop is at Fairhaven, WA... no stop at the border.

Ian

Re: Esta Declined
 

Thanks to those who have responded.

It's looking very unlikely that we will go ahead, but I am tempted to try and ask for some advice at the train station from US border officials. I assume a declined esta also means a declined I94W - as it's effectively a visa waiver and a declined esta means you can't enter through VWP.

Re: Esta Declined
 

ESTA is permission to travel... nothing more than that. Travel. When you get to the US border you ask permission to enter on the VWP. A declined ESTA does not automatically translate to a declined permission to enter on the VWP. For travelers who fly to the US, a declined ESTA means they either get a B-2 visa or don't go - for the simple reason that they can't get on the plane in the first place. For travelers at a land border crossing, you can still seek permission to enter the US.

Ian