Help with ESTA for a disabled person

[PentopC]

Hi am really hoping someone can help me, I know there have been lots of questions about ESTA but haven't found one about this issue.  We have booked a cruise in Sept for my son for 31 day cruise to USA and Canada, I have been filling in his ESTA application and on the last page it has the question 'Do you have a physical or mental disorder; or are you a drug abuser or addict; or do you currently have any of the following diseases (communicable diseases are specified pursuant to section 361(b) of the Public Health Service Act):' he has a physical disability called CRPS, however I have been told should we answer 'yes' to any of the questions on this page he is likely to be refused the ESTA, I realise we have no option but to answer yes as he's a wheelchair user but if we do does this automatically mean he will have to go to London Embassy for an interview as this would be incredibly difficult for him as we live at least 400 miles away and travelling is very difficult to organise, to give you some idea a special taxi to the Port is costing us £1500.  If they refuse on the basis we answered yes are you then given an option to send additional information such a proof he has insurance etc or is a zoom interview possible.  Have googled for the answer, tried a company called CIBT (who we haven't used) who won't give me a straight answer.  I am hoping someone on here can tell me what experience they have had? Thank you in advance, one very stressed out mum lol

[CruisingAlong4Now]

Sorry I don't have an answer, but rather some sources that might have answers.

 

First, try posting this on the Disabled Cruise Travel Cruises: Ask a Question - Cruise Critic Message Board Forums
board.  That board has very knowledgeable people.

 

Second, try sending the question to the US Customs and Border Protection agency.  Ask Us a Question (cbp.gov)   You can use a new, single use email address for the inquiry rather than your usual email address.

 

Lastly, I found this explanation of how to answer the Disability question on the ESTA application. It's possible that you can answer No if your son's disability does not pose a threat.

 

Official ESTA Application Website, U.S. Customs and Border Protection (dhs.gov)

Can you provide guidance and clarification for some of the Eligibility questions?

Physical or Mental Disorders
With regard to physical or mental disorders, answer "Yes" to this question if:

• You currently have a physical or mental disorder and a history of behavior associated with the disorder that may pose or has posed a threat to your property, safety or welfare or that of others; or
• You had a physical or mental disorder and a history of behavior associated with the disorder that has posed a threat to your property, safety or welfare or that of others and the behavior is likely to recur or lead to other harmful behavior.
•  
• Answer "No" if:
  • You currently have no physical or mental disorders; or
  • You have or had a physical or mental disorder without associated behavior that may pose or has posed a threat to your property, safety or welfare of that of others; or
  • You currently have a physical or mental disorder with associated behavior, but that behavior has not posed, does not currently pose nor will pose a threat to your property, safety or welfare or that of others; or
  • You had a physical or mental disorder with associated behavior that posed a threat to your property, safety or welfare or that of others, but that behavior is unlikely to recur."

Edited June 21 by CruisingAlong4Now

[PentopC]

51 minutes ago, CruisingAlong4Now said:

Sorry I don't have an answer, but rather some sources that might have answers.

 

First, try posting this on the Disabled Cruise Travel Cruises: Ask a Question - Cruise Critic Message Board Forums
board.  That board has very knowledgeable people.

 

Second, try sending the question to the US Customs and Border Protection agency.  Ask Us a Question (cbp.gov)   You can use a new, single use email address for the inquiry rather than your usual email address.

 

Lastly, I found this explanation of how to answer the Disability question on the ESTA application. It's possible that you can answer No if your son's disability does not pose a threat.

 

Official ESTA Application Website, U.S. Customs and Border Protection (dhs.gov)

Can you provide guidance and clarification for some of the Eligibility questions?

Physical or Mental Disorders
With regard to physical or mental disorders, answer "Yes" to this question if:

• You currently have a physical or mental disorder and a history of behavior associated with the disorder that may pose or has posed a threat to your property, safety or welfare or that of others; or
• You had a physical or mental disorder and a history of behavior associated with the disorder that has posed a threat to your property, safety or welfare or that of others and the behavior is likely to recur or lead to other harmful behavior.
•  
• Answer "No" if:
  • You currently have no physical or mental disorders; or
  • You have or had a physical or mental disorder without associated behavior that may pose or has posed a threat to your property, safety or welfare of that of others; or
  • You currently have a physical or mental disorder with associated behavior, but that behavior has not posed, does not currently pose nor will pose a threat to your property, safety or welfare or that of others; or
  • You had a physical or mental disorder with associated behavior that posed a threat to your property, safety or welfare or that of others, but that behavior is unlikely to recur."

Thank you that is all very helpful, am new to this so will check out the other board and see if the question would be better on there!  Thank you so much for taking the time to reply. I think the 3rd party answers the question for me so I truly appreciate this! Have followed the link and found the answer on there so that is several days of stress over at last thanks again

 

 

Edited June 21 by PentopC

[Hlitner]

You have to "love" the wording of many government regulations and related statutes.  Perhaps the following, from the CBP Frequently Asked Questions (FAQ) will help the OP:

 

Physical or Mental Disorders
With regard to physical or mental disorders, answer "Yes" to this question if:

• You currently have a physical or mental disorder and a history of behavior associated with the disorder that may pose or has posed a threat to your property, safety or welfare or that of others; or
• You had a physical or mental disorder and a history of behavior associated with the disorder that has posed a threat to your property, safety or welfare or that of others and the behavior is likely to recur or lead to other harmful behavior. Answer "No" if:
  • You currently have no physical or mental disorders; or
  • You have or had a physical or mental disorder without associated behavior that may pose or has posed a threat to your property, safety or welfare of that of others; or
  • You currently have a physical or mental disorder with associated behavior, but that behavior has not posed, does not currently pose nor will pose a threat to your property, safety or welfare or that of others; or
  • You had a physical or mental disorder with associated behavior that posed a threat to your property, safety or welfare or that of others, but that behavior is unlikely to recur.

 

 

Hank

[Host Kat]

7 hours ago, PentopC said:

Hi am really hoping someone can help me, I know there have been lots of questions about ESTA but haven't found one about this issue.  We have booked a cruise in Sept for my son for 31 day cruise to USA and Canada, I have been filling in his ESTA application and on the last page it has the question 'Do you have a physical or mental disorder; or are you a drug abuser or addict; or do you currently have any of the following diseases (communicable diseases are specified pursuant to section 361(b) of the Public Health Service Act):' he has a physical disability called CRPS, however I have been told should we answer 'yes' to any of the questions on this page he is likely to be refused the ESTA, I realise we have no option but to answer yes as he's a wheelchair user but if we do does this automatically mean he will have to go to London Embassy for an interview as this would be incredibly difficult for him as we live at least 400 miles away and travelling is very difficult to organise, to give you some idea a special taxi to the Port is costing us £1500.  If they refuse on the basis we answered yes are you then given an option to send additional information such a proof he has insurance etc or is a zoom interview possible.  Have googled for the answer, tried a company called CIBT (who we haven't used) who won't give me https://boards.cruisecritic.com/forum/114-disabled-cruise-travel/a straight answer.  I am hoping someone on here can tell me what experience they have had? Thank you in advance, one very stressed out mum lol

 

Hello @PentopC and welcome to Cruise Critic and the message boards!

 

Thank you for your first new thread on the Ask s Cruise Question forum. However, it is the forum for general questions regarding cruising. Your inquiry is off topic there since you have the specific need in how to complete your son's ESTA application since he is a wheelchair user. 

 

To help you out your first new thread has been moved to the Europe Disabled Cruising forum since you are in Wales and where it will be on topic. It is where your fellow Cruise Critic members with physical limitations share their advice and experiences. Perhaps someone there has had your experience and can help you. If not successful there, please feel free to repost on the Disabled Cruise Travel forum.

 

The Cruise Critic website and message boards are both great resources for new as well as experienced cruisers and we are so glad you found us! Please feel free to browse the Cruise Critic Community categories list of the various forums. I suggest you put the page in your Favorites for quick & easy access in the future. Please read a few threads in the different forums to get a feel for what each forum is about. Make sure you read any pinned threads (aka stickies) on the top of the first page of threads in most forums. You will find very important instructions or information there. 

 

I sincerely hope this will be helpful to someone new to posting on our message boards. We are glad to have you aboard Cruise Critic! 

 

Happy sails,

 

Host Kat

[VMax1700]

Sorry,  I don't have an answer either but pose the question....Is a 'physical disability' classed as a 'physical or mental disorder'?  My reading of the ESTA FAQ's is that the 'yes' relates to persons whose behaviour may pose a threat to persons or property.  I don't feel the ESTA system would work if every person with some form of disability had to make the trek to the nearest USA Embassy.  Would that not be somewhere on the discrimination scale?

As you are also going to Canada did you check what is required on their ETA application?

Are you a member of a support group or is there a National Support Organisation for CRPS who could guide you?

 

[d9704011]

An eTA for Canada is not required.  Visitors only need this for arrivals at (including transits through) Canadian airports.

[PentopC]

Hi,  Someone very kindly sent me a link which was for the  Official ESTA Application Website, U.S. Customs and Border Protection (dhs.gov) and on here it states what you have pointed out about the behaviour which in my sons instance would mean the answer to the question is no thankfully!  Thanks for taking the time to reply. This was the answer the site has is as follows, am pasting it here in case it's helpful for others.  Will be submitting the application this afternoon so fingers crossed it goes through!. Also have double checked the Canada travel document situation but as he is cruising in and not flying in he doesn't need a visa. 

 

Physical or Mental Disorders
With regard to physical or mental disorders, answer "Yes" to this question if:

• You currently have a physical or mental disorder and a history of behavior associated with the disorder that may pose or has posed a threat to your property, safety or welfare or that of others; or
• You had a physical or mental disorder and a history of behavior associated with the disorder that has posed a threat to your property, safety or welfare or that of others and the behavior is likely to recur or lead to other harmful behavior.
• Answer "No" if:
  • You currently have no physical or mental disorders; or
  • You have or had a physical or mental disorder without associated behavior that may pose or has posed a threat to your property, safety or welfare of that of others; or
  • You currently have a physical or mental disorder with associated behavior, but that behavior has not posed, does not currently pose nor will pose a threat to your property, safety or welfare or that of others; or
  • You had a physical or mental disorder with associated behavior that posed a threat to your property, safety or welfare or that of others, but that behavior is unlikely to recur

Edited June 22 by PentopC

[PentopC]

Just wanted to thank all who helped, his authorisation has been approved so now have one very happy son and an equally happy mum lol.  Thanks everyone you have been amazing!

[CruisingAlong4Now]

7 hours ago, PentopC said:

Just wanted to thank all who helped, his authorisation has been approved so now have one very happy son and an equally happy mum lol.  Thanks everyone you have been amazing!

Happy son and mum.

 

Perfect! 

 

Glad we could help!

[Slugsta]

We are cruising form the UK to Canada and the USA next month. I'm a part-time wheelchair user and, after reading the guidance, happily answered 'no' to the question. I hope your son has a wonderful cruise (we might even be on the same one)!