Eligibility questions
ESTA questions: criminal record, health and previous entries
Last checked: · Sources: CBP, DHS, Federal Register
In addition to your name and passport details, the ESTA application requires answers to eligibility questions. This is where most uncertainty arises: does an old conviction count too? What applies in case of illness? This guide gives an objective overview based on the information provided by CBP. It is not a substitute for legal advice.
Which topics the questions cover
According to CBP, the applicant must provide details of their name, date of birth and passport in English and also answer questions about eligibility under the Visa Waiver Program. These include questions about communicable diseases, arrests and convictions for certain offences, previous visa revocations or deportations, and other points.
CBP determines the wording of the questions, and it may change. Read every question in full – we explain them in your language in the application assistant, but the authority’s version is the binding one.
Health
CBP names “communicable diseases” as a topic. So this concerns infectious diseases, not illnesses in general. If you are unsure how to classify your diagnosis, ask your doctor or the competent consulate beforehand.
Arrests and convictions
The questions ask about arrests and convictions for certain offences. Which incidents lead to a “yes” in an individual case depends on the exact wording of the question and on the facts. Whether a particular incident, including an older one, falls under it cannot be said in general terms.
Previous visas, stays and travel
The questions also cover previous refusals of entry, visa revocations, deportations and overstays. In addition, since the 2015 “Visa Waiver Program Improvement and Terrorist Travel Prevention Act”, further restrictions apply to travellers who have visited certain countries or who also hold the citizenship of certain states. CBP has published a separate FAQ page on this; check there whether it applies to you.
Answer truthfully – for good reason
- False or incomplete information is a common cause of problems. The authority checks the details against law enforcement and security databases.
- An approved ESTA does not assure entry: admission is decided solely by CBP border officers on arrival. (Source: CBP: ESTA)
- If the circumstances behind a yes/no answer change later, CBP requires a new authorisation.
- A “yes” does not automatically mean a denial – but it can lead to an individual review or rule out the Visa Waiver Program route.
If the application is denied, the guide ESTA denied explains which steps are provided for. For the question of the fee after a denial, see ESTA costs. General requirements can be found under requirements, answers in the FAQ; you can reach the application here.
Frequently asked questions
- Do I have to declare an old conviction in the ESTA application?
- That depends on the exact wording of the question and on the facts. CBP names arrests and convictions for certain offences as a topic of the eligibility questions. If in doubt, you should seek legal advice; we do not provide legal advice.
- Will I be denied automatically if I answer a question with “yes”?
- Not necessarily, but the application may be reviewed further and entry under the Visa Waiver Program may be ruled out. In that case, a visa from a US embassy is the intended route.
- Which illnesses do I have to declare in the ESTA application?
- CBP names communicable diseases as the topic. Which illnesses are specifically meant follows from the wording of the question in the application. If you are unsure, clarify this before applying.
- What happens if I give false information in the application?
- False or incomplete information can lead to a denial and jeopardise your entry. The authorisation can also be revoked. So answer the questions completely and truthfully.
You will find more answers in the ESTA FAQ.
Sources and date
Checked on 4 October 2026. The information is based on the following government sources. Rules and fees can change; the current publication by CBP is decisive. This article is general information and not legal or immigration advice.
Next steps
Prepare your application, compare prices or keep reading – the decision is always made by CBP.