As mentioned earlier, those in possession of the ESTA document can not challenge or appeal the decisions of immigration officials. This is a required and accepted condition at the time of the ESTA online application. However, in cases where a foreign visa is in possession of a valid visa but is refused admission to the United States, he may challenge the officer’s decision before an immigration judge and, Will receive the judge’s decision by passing the “Board of Immigration Appeals”.
In some cases the agent may choose an intermediate decision by defining the passenger as “uncertain”. This decision gives the foreign traveler the right of entry into the United States, but he must appear before the immigration offices at a later date.
Valentin is 32 years old and for about 2 years he regularly travels between Paris and Los Angeles. He is looking for a stable job in the United States that allows him to obtain permanent immigration status in the United States. Last month, with his ESTA in hand, he left for the umpteenth time in Los Angeles. Upon his arrival in the United States, during immigration controls, Valentin was arrested for questioning. This judgment led to the rejection of his entry into the country.
Valentine has in fact, with her travel authorization, spent more than 180 days of the calendar year in the United States. An ESTA Travel document actually allows you to enter the United States for up to 90 consecutive days and a total of 180 days out of the year.
Unfortunately for Valentin, the only possible solution was to return to France and officially apply for a visa at the American Embassy in Paris.
Example 2: Conditions for refusing entry into the United States
The official immigration reference text reads as follows: To arrest any alien who enters or attempts to enter the United States in violation of the laws or regulations governing the admission, exclusion, expulsion, Remoteness of foreigners.
To arrest any alien in the United States if there is reason to believe that he is in violation of the laws or regulations and is likely to escape before a warrant Can be obtained for his arrest; The foreigner must be taken without undue delay in order to pass before an agent of the authority of the specialized service which examines the rights of entry and residence of aliens in the United States.
So it is obvious that immigration officers have the right to refuse entry, but this is monitored, recorded and in many situations immigration officers are very careful not to let their beliefs and prejudices obscure the Personal facts and objectives of each particular case. It is true that they are not very pleasant where they can behave in a way that imposes a certain respect, but when they come to refuse entry, officials are very vigilant to ensure that this Can not be because of bias.
There are legal and disciplinary consequences for an immigration officer in the event of serious misconduct.
This confers certainty on the professionalism of officials responsible for immigration control. Normally refusal cases are always based on good reasons.