Can a British citizen, currently visiting Canada on ETA, enter the USA via the Niagara Falls land border without an ESTA?

Question

We are British citizen, in Canada on ETA, and would like to cross Niagara Falls bridge to enter the USA. Would we need to apply for ESTA for land border crossing or just the British passport?

Answer 1

You need an ESTA and an I-94.

While in the past (from the introduction of ESTA in 2009 to 2022) an ESTA was only required from travel by air or sea, this changed in 2022, and you now need one for land crossings as well (where you also need to pay an I-94 fee in addition).

CBP tell us:

ESTA - Do I need an ESTA to enter the United States by land?

Effective October 1, 2022, all Visa Waiver Program (VWP) travelers intending to enter the United States by land will be required to obtain an approved Electronic System for Travel Authorization (ESTA) prior to application for admission at land border ports of entry.

CBP encourages travelers to apply for a travel authorization at least 72 hours in advance of their anticipated arrival at a U.S. land port of entry.

VWP travelers intending to travel to the United States by land, sea or air must receive a travel authorization prior to application for admission to the United States and continue to pay the $6 I-94W fee provided for in 8 CFR 103.7, unless entering within the 90-day admission period.

An I-94 can be filed up to seven days prior to arrival through the CBP One mobile application for $6. The traveler can also review their past travel history, check their I-94 expiration date, and obtain proof of their electronic I-94 from their mobile device using the CBP One mobile application. The mobile application can be downloaded for free from the Apple App Store or Google Play.

CBP requires travelers to obtain an approved ESTA and apply for the I-94 by using the CBP One or the CBP I-94 website and avoid filling out the Form I-94W at a port of entry. The Visa Waiver Program enables eligible nationals of 40 countries to travel to the United States for business or tourism for stays of up to 90 days without a visa. Visa Waiver Program travelers generally are not eligible to extend their stay or change their status after arriving in the United States. Travelers who remain in the United States beyond their lawful period of admission lose their eligibility to travel under the Visa Waiver Program and may be subject to additional penalties under U.S. law. More information about the travel restrictions is available here.

If you are not a citizen of a VWP country, you are required to have a visa, and therefore ESTA does not apply to you.

Note that while they recommend you apply for it 72 hours in advance, and it may take that long, in many (most?) cases it’s much quicker (minutes or hours).

Since this is relatively new, there are a lot of documents still saying otherwise, but they’re just not up to date.