Timeline for In practice, what is the distinction between ESTA and visas?
Current License: CC BY-SA 4.0
7 events
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Aug 6, 2018 at 19:00 | vote | accept | JonathanReez♦ | ||
Jul 29, 2018 at 11:02 | comment | added | phoog | @ZachLipton I agree with your comment, and would like to add that it would be possible for US law to cast ESTA as a visa that requires people to waive the same rights that VWP travelers now waive. That is, these rights are not somehow intrinsically attached to the definition of "visa," and under US law VWP travelers lack them because they are required to waive them explicitly as a condition of using the program. | |
Jul 29, 2018 at 8:25 | comment | added | Doc | @ZachLipton I don't disagree, which is why I stated at the start it's mainly semantics. But it IS one of the major differences between the two. | |
Jul 28, 2018 at 20:02 | comment | added | Zach Lipton | This is an excellent answer, but the right to have your case heard by an immigration judge is not of that much practical value to most travelers. A visitor who is denied entry is generally going to be given the opportunity to withdraw their request for admission and return home, and 99.99% of visitors will find this a better option than starting a lengthy process that could land them in US immigration detention for months. | |
Jul 28, 2018 at 19:14 | history | edited | Doc | CC BY-SA 4.0 |
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Jul 28, 2018 at 19:11 | comment | added | DJClayworth | +1 Excellent answer, but I'd love to see some references. | |
Jul 28, 2018 at 18:56 | history | answered | Doc | CC BY-SA 4.0 |