Just what are an Australian’s rights when it comes to entering the United States?

Nothing has changed when it comes to entry to the US for Australians however, US border control agents are getting stricter about who they let into the country.

Unfortunately, there’s not much tourists can do about it.

Here’s everything you need to know about travelling to the US

Understanding the Visa Waiver Program (VWP)

The Visa Waiver Program allows tourists from specific countries to enter the US without the extensive process of obtaining a visa through the US Embassy.

Australia is part of that program, meaning citizens can visit the US with an Electronic System for Travel Authorisation (ESTA).

However, there are conditions around the program. 

It only applies to people travelling to the US for tourism or specific business purposes, like attending a conference or negotiating contracts.

People seeking employment in the US are not eligible under the program.

Tourists must also be staying in the US for less than 90 days to be eligible under the VWP.

Everyone travelling under the VWP needs a valid and approved Electronic System for Travel Authorisation (ESTA) before entering the US.

All VWP tourists need an Electronic System for Travel Authorisation (ESTA) before entering the country.

An ESTA is not Visa, but rather an authorisation to travel to the US.

Travellers need to apply for an ESTA before leaving Australia through the US Customs and Border Protection website.

Applications can be made online and can take a few days up to two weeks to approve. 

Not all Australian citizens are eligible for an ESTA.

Anyone with a dual nationality of Cuba, the Democratic Republic of Korea (North Korea), Iran, Iraq, Sudan or Syria is not eligible.

People who have recently travelled to the above countries are also not eligible for an ESTA.

Anyone who recently travelled to Cuba on or after January 12, 2021 is also not eligible. 

How to prepare for your US visit

Can I be denied entry to the US with a valid ESTA? 

It’s important to understand that even with an approved and valid ESTA, the final decision to let a tourist into the country is made by the US Customs and Border officers.

Padstow Heights woman Nicole Saroukos had no criminal record, a valid ESTA and tourist visa but she was deported from a US airport after police searched her phone and her luggage.

She went on the trip to visit her husband, who is a serving member of the US military, but claims she was targeted by border officials on arrival in the US.

“The officer stated that I had too many clothes for a three-and-a-half week trip,” she said.

“They started questioning me about my tattoos.

“I have two Japanese sleeves on my arms, tatts on my hands.” … I felt as though they were trying to racially profile me.”

Californian immigration lawyer Andrea Szew said tourists were now being subjected to heightened scrutiny from border officials at American airports.

“It sounds terrible that someone’s subjective opinion can be that powerful to send me back on a flight all the way back to Australia just because they’re having a bad day, because unfortunately, it is a subjective decision,” she said.

There are claims some officers are emboldened by Trump’s America-first policies.

The unfortunate reality is Australians have next to no rights when entering the USA.