Travel to the US with a valid ESTA when technically no longer eligible
I'm from The Netherlands and travelled to the US (Los Angeles) last summer under the Visa Waiver Program (VWP/ESTA).
I plan to visit Los Angeles again this summer.
The ESTA I have is valid for 2 years and will still be valid on arrival. However if I were to apply for an ESTA today it will be denied. That is because I have visited North Korea last month.
The Visa Waiver Program states that:
Travelers in the following categories are no longer eligible to travel or be admitted to the United States under the Visa Waiver Program (VWP):
Nationals of VWP countries who have traveled to or been present in Iran, Iraq, North Korea, Sudan, Syria, Libya, Somalia and Yemen on or after March 1, 2011 (with limited exceptions for travel for diplomatic or military purposes in the service of a VWP country). Nationals of VWP countries who are also nationals of Iran, Iraq, North Korea, Sudan, or Syria.
If I travel to LA today, do I need to apply for a visa or can I travel on the approved ESTA? In fact. North Korea does not stamp the passport so it's not obvious that I visited the country. The only way they can see is by looking at the entry stamp from China. The chinese city bordering North Korea, Dandong, is written in Chinese on the entry stamp.
Best Answer
I was in your exact situation: valid ESTA, but because I travelled to North Korea in 2014, I was caught by this rule change. Like you, I found it ambiguous: it was not clear to me if existing ESTAs were suddenly invalid, or only future applications.
I played it safe and got a visa from the London embassy. I was merely asked if I had been there for tourism purposes (yes) and if I had been to any other countries on a "high-risk" list (no). There was no hostile questioning whatsoever, and my visa arrived within a few days.
The waiting time for a visa appointment was long, but I successfully requested an expedited appointment by pointing out that my reason for needing the visa was a US rule change. I waited about 3-4 weeks for the appointment. The consular lady confirmed that getting a visa was the right course of action.
Like you, however, I have no stamp to say I've been, making me question whether it was worth it. I decided that lying to US federal authorities is typically an exceptionally bad idea ("have you ever been to North Korea?" - "No"). The action I took gave me peace of mind. Upon travelling to the US with my visa, the CBP officer more or less waved me through.
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Can I re enter US with ESTA?
There is no limit on the number of times you may enter the U.S. under either ESTA of a visa. However, if reentering the U.S. using ESTA soon after staying for nearly 90 days, you can expect to be questioned in detail by the immigration officer about the purpose of your visit.Is my ESTA still valid Covid?
After it has been granted, your ESTA will be valid for two years, unless your passport expires earlier. Within this period, you may travel to the USA an unlimited number of times. Each stay in the US may not exceed 90 days. You can apply for your ESTA even before you have booked your trip.Can you be denied entry with ESTA?
If you already have an approved ESTA, you may still be denied entry to the United States without a visa refusal. On the one hand, the ESTA or any other visa does not guarantee that you can enter the USA. The customs and border guards alone decide whether you are allowed to enter or not.Is my ESTA still valid USA?
Your ESTA authorization is generally valid for multiple trips over a period of two years (starting the date that you are approved) or until your passport expires, whichever comes first. As long as you received an ESTA authorization to travel, you do not have to reapply during the validity period.What 10 things YOU must to know about ESTA travel authorization. Visa Waiver Program
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Answer 2
On a Norwegian version of Flyertalk, someone reported seeing the CBP's computer screen (mis-angled) showing a list of "high-risk" countries they had been to, on previous passports, without having flown between these countries and the US.
So it is not unlikely they will know you've been to North Korea. In other words, I would not risk it if I were you. Get a visa!
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Images: Roberto Nickson, Alex Azabache, Ken Cheung, Enric Cruz López