Transcript of the above video:

As the title of this video suggests, we are discussing ESTA; that is the Electronic System for Travel Authorization. 

For those who go into the United States under a Visa Waiver, they have to do this ESTA. It has often times been referred to as a back door Visa; even though you don't need a visa to go to the United States on a passport that is in the Visa Waiver Program, you still have to deal with ESTA and if you have a prior refusal, and to be clear this is different from a denial. A refusal the way that I look at it is it can be a refusal pursuant to what is called 221g of the Immigration and Nationality Act wherein basically the Embassy interviewing asks for more documentation. They basically refuse to issue the Visa until such time as the 221g is answered, or if a year goes by then the 221g it can extinguish the overall case.  

So if you have been refused, you are going to have to disclose that on the ESTA system and that essentially can lead to a situation where you are not going to be able to enter the United States on the waiver. The reasoning behind that is essentially an Embassy has taken the affirmative step of refusing a Visa and ESTA is not going to countermand that. USCBP, the US Customs and Border Protection which runs ESTA is not going to countermand that finding. So be very careful when applying for visas to the US if you use a Visa Waiver because getting even a 221g refusal can result in one being unable to use ESTA and the Waiver Program to enter the USA in the future.