Travel to the US with a valid ESTA when technically no longer eligible

1/17/2020 10:58:34 PM

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.

1/17/2020 10:00:23 AM

In the Netherlands you are allowed to request a second passport specifically for the purpose of entering a country that has “issues” with another country you have visited. Maybe this also applies to this case, and would allow you to apply for a second ESTA?
https://www.netherlandsworldwide.nl/living-working/passport-and-identity-card/second-passport

1/16/2020 10:42:09 PM

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!

1/17/2020 6:57:15 PM

You are not eligible and need to apply for a visa. As the document you quote states, people who have traveled to North Korea after March 1, 2011 (with exceptions that presumably do not apply in your case) are no longer eligible to be admitted under the Visa Waiver Program. This is the case whether or not your ESTA is valid; you’re seeking to be admitted under the VWP when you arrive in the US. The FAQ explains this as well:

The restrictions do not bar travel to the United States, but they do require a traveler covered by the restrictions in the law to obtain a visa from a U.S. Embassy or Consulate. Most U.S. Embassies and Consulates in VWP partner countries and worldwide have short wait times for visa interviews. Please visit travel.state.gov for general visa information or usembassy.gov to find the website of the Embassy that has jurisdiction over your residence.

There’s no mention of an exception if you already have an approved ESTA. The end of your question boils down to “could I try it anyway and get away with it?” I have no idea, but nobody would sensibly advise you to knowingly violate immigration law. Getting a visa is a hassle and expensive, but it usually lasts for 10 years and offers some advantages (you can stay in the US for 6 months at a time and even apply to extend your stay longer than that, which you can’t do under the VWP).

Credit:stackoverflow.com‘

About me

Hello,My name is Aparna Patel,I’m a Travel Blogger and Photographer who travel the world full-time with my hubby.I like to share my travel experience.

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