8 CFR 217.4(a)(1) is a critical regulation for travelers who want to enter the United States under the Visa Waiver Program (VWP) using ESTA. Many travelers discover often too late that they are not eligible for ESTA because of this rule. The regulation empowers US Customs and Border Protection (CBP) and the Department of Homeland Security (DHS) to deny VWP entry to anyone who does not satisfy the statutory requirements under INA §217.
Eligibility Standards Under 8 CFR 217.4(a)(1)
A traveler may be ruled ineligible under 8 CFR 217.4(a)(1) if any of the following apply:
1. Prior Visa Denial or Immigration Violation
- Overstaying a previous visit
- Prior removal or deportation
- Misrepresentation or fraud
- Violating visa terms (unauthorized work)
These issues typically require a visa interview and may involve waivers.
2. Criminal History
Any criminal record involving:
- Crimes of moral turpitude (CMT)
- Drug offenses
- Serious arrests
- Convictions that trigger inadmissibility under U.S. immigration law
Even if a conviction is old or minor, ESTA can still be denied.
3. Travel to Certain Countries
Under the Visa Waiver Program Improvement and Terrorist Travel Prevention Act, travelers who have visited certain designated countries, such as Iran, Iraq, Syria, Yemen, Somalia, Libya, or Sudan may be automatically excluded from the VWP.
4. Dual Nationality Restrictions
Dual nationals of certain countries, such as Iran, Iraq, Syria, Sudan, may be ineligible even if they hold a qualifying passport.
5. Security or Law-Enforcement Flags
This includes:
- Watchlist hits
- Security-related concerns
- Intelligence database matches
Such cases generally require a full visa review.
Successful Case Examples Related to 8 CFR 217.4(a)(1)
- Prior Overstay Successful B1/B2 Visa Grant
A tourist from Germany overstayed an ESTA visit by 14 days. CBP canceled future ESTA eligibility under 8 CFR 217.4(a)(1) and refused entry due to INA 212(a)(7)(A)(i)(I). We successfully helped the client obtain a B2 visa.
- Minor Criminal Record E2 visa and 212(d)(3) Waiver Approved
A UK traveler had a 15 year old misdemeanor shoplifting conviction. Under 8 CFR 217.4(a)(1), ESTA was denied. We helped the client obtain an E2 and 212(d)(3) waiver.
- Suspected Unauthorized Work, Expedited Removal, Vacate Expedite Removal Order
A Dutch traveler visiting the U.S. was questioned by CBP for having tools and business materials in his luggage. CBP suspected unauthorized work and refused VWP entry under 8 CFR 217.4(a)(1 and issues expedited removal under INA 212(a)(7)(A)(i)(I). We petitioned CBP and successfully vacated the removal order.
- Security Flag / Name Match and ESTA Denied, O1 Visa Issued
An Italian researcher’s name was similar to someone in a watchlist, causing an ESTA denial under 8 CFR 217.4(a)(1). We successfully rectified the name issue and helped the client obtain an O1 visa.
Get Our Legal Help After ESTA Denial
At The Messersmith Law Firm, we help travelers overcome ESTA denials, resolve inadmissibility findings, and regain eligibility to enter the US. Whether you need a 212(d)(3) waiver or to challenge a wrongful determination, we can help you act fast and effectively. Contact us today at 305-515-0613 or info@messersmithlaw.com for a same day consultation and start the process of restoring your ability to travel freely.