As said before, who is in possession of the ESTA document cannot rely on the decisions of officials of immigration. Such a disclaimer is accepted at the time of the on-line request. However, in cases where a foreign traveler possesses a valid visa, but gets entry denied into the territory of the United States of America, he can challenge the decision of the official before a judge of immigration and then the judge will take the decision before the Board of Immigration Appeals (BIA).
There are also cases where the decision of the official is “uncertain”. This case gives to the foreign traveller entry to the USA, but he will appear before the offices of immigration at a later time to the entry.
Valentino is 32 years old and since 2 years he travels intensely between Rome and Los Angeles. In fact, he is looking for a stable job in the USA that would allow him to obtain a permanent immigration status in the United States.
Last month Valentino with his Esta went for the umpteenth time in Los Angeles. On his arrival in the United States, during the immigration controls, our protagonist was stopped for investigation. This stop led to the rejection of entry in the country.
Valentino in fact had run out of the 180 days granted with its travel authorization in the calendar year. An ESTA travel document grants entry to the USA for 90 maximum consecutive days, 180 in the calendar year.
Unfortunately for the unsuspecting Valentino, the only possible thing for him was to return to Italy and ask for a formal visa from the US Embassy in Rome.
The reference text for the journal of immigration is the following.
(a) to stop any stranger and witnessing his or her entrance or the attempt to enter the United States in violation of any law or regulation made in pursuance of the law that regulates the admission, exclusion and expulsion or the enstrangement of foreign nationals, or to stop any alien in the United States if there is ground to believe that the arrested alien is located in the United States in violation of such laws or regulations and threatens to flee before a mandate can be obtained for his arrest. However the foreigner in custody state, without unnecessary delays, must be brought before an official of the competent service for the examination of the case and to decide on the right of the traveller to enter and remain in the United States or not.
Therefore, it is obvious that the officials of immigration have the right to deny entry, but this is monitored, recorded and in many situations, the officers of immigration are very vigilant in not letting their personal convictions and apprehensions obscure the objective facts of the event in question. It is true that they may not be friendly, but when it comes to deny entry to the country, officials are very vigilant to ensure that this is not due to prejudice.
There is the possibility to appeal to legal offices and the USCIS in the event of misconduct of a agent of immigration.
We can state with certainty that the professionalism of the immigration control service is out of the question, and that cases of refusal are always based on a solid reason.
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