ESTA questions for USA Visa

These are the questions they use to see if you are eligible for the ESTA Visa program. Remember that if you are ineligible that you can apply through regular visa channels to try to get a visa to the USA.


A) Do you have a communicable disease; physical or mental disorder; or are you a drug abuser or addict?


Communicable Diseases

Under United States law communicable diseases of public health significance include:

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Chancroid
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Gonorrhea
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Granuloma inguinale
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Human immunodeficiency virus (HIV) infection
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Leprosy, infectious
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Lymphogranuloma venereum
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Syphilis, infectious stage
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Tuberculosis, active
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And others as determined by the Department of Health and Human Services.

Physical or Mental Disorders

With regard to physical or mental disorders, answer ”Yes” to this question if:

(a) You currently have a physical or mental disorder and a history of behavior associated with the disorder that may pose or has posed a threat to your property, safety or welfare or that of others; or

(b) You had a physical or mental disorder and a history of behavior associated with the disorder that has posed a threat to your property, safety or welfare or that of others and the behavior is likely to recur or lead to other harmful behavior.

Answer ”No” if:

(a) You currently have no physical or mental disorders; or

(b) You have or had a physical or mental disorder without associated behavior that may pose or has posed a threat to your property, safety or welfare of that of others; or

(c) You currently have a physical or mental disorder with associated behavior, but that behavior has not posed, does not currently pose nor will pose a threat to your property, safety or welfare or that of others; or

(d) You had a physical or mental disorder with associated behavior that posed a threat to your property, safety or welfare or that of others, but that behavior is unlikely to recur.

Drug Abusers and Drug Addicts

Under United States law persons may not be admissible if they have been determined to be a drug abuser or drug addict.

For further information refer to § 212(a)(1)(A) of the Immigration and Nationality Act, 8 U.S.C. § 1182(a)(1)(A), and corresponding regulations in the Code of Federal Regulations.



B) Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance; or been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years or more; or been a controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities?




Crimes involving moral turpitude - Such offenses generally involve conduct which is inherently base, vile, or depraved and contrary to the accepted rules of morality and the duties owed to persons or society in general. There are factors, such as the age of the offender or the date of the offense, that may affect whether an offense will be considered a crime involving moral turpitude for purposes of the Immigration and Nationality Act.

For further information refer to § 212(a)(2) of the Immigration and Nationality Act, 8 U.S.C. § 1182(a)(2), § 101(a)(43) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(43) and corresponding regulations in the Code of Federal Regulations.

D) Are you seeking to work in the U.S.; or have you ever been excluded and deported; or been previously removed from the United States; or procured or attempted to procure a visa or entry into the U.S. by fraud or misrepresentation?




Individuals entering the United States under the Visa Waiver Program are admitted as non-immigrant alien visitors and may not seek employment in the United States. While Visa Waiver Program travelers may not seek employment in the United States, there are many classifications of non-immigrant and immigrant employment-sponsored visas for those who qualify.

For further information refer to § 212(a)(5) of the Immigration and Nationality Act, 8 U.S.C. § 1182(a)(5).

For further information on non-immigrant and immigrant employment visas, refer to www.travel.state.gov.

E) Have you ever detained, retained, or withheld custody of a child from a U.S. citizen granted custody of the child?


Any alien who, after entry of an order by a court in the United States granting custody to a person of a United States citizen child who detains or retains the child, or withholds custody of the child, outside the United States from the person granted custody by that order, is inadmissible until the child is surrendered to the person granted custody by that order.

For further information refer to § 212(a)(10)(C) of the Immigration and Nationality Act, 8 U.S.C. § 1182(a)(10)(C).

G) Have you ever asserted immunity from prosecution?




With regard to immunity from prosecution, answer ”Yes” to this question if all of the following apply:

(a) you have committed a serious criminal offense in the United States as defined in 8 U.S.C. Sec. 1101(h), including any felony, at any time for which immunity from criminal jurisdiction was exercised; and

(b) as a consequence of the offense and exercise of immunity identified in (a), you have departed from the United States; and

(c) you have not subsequently submitted fully to the jurisdiction of the court in the United States having jurisdiction with respect to that offense.

For further information refer to § 212(a)(2)(E) and 101(h) of the Immigration and Nationality Act, 8 U.S.C. § 1182(a)(2)(E) and 1101(h).