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ResourcesVisa & Immigration LawVisa NewsYou Don't Know What You Don't Know About Immigration

You Don't Know What You Don't Know About Immigration

Transcript of the above video: 

I don't usually make generalized videos where I talk about Thai and US Immigration simultaneously, but I think it's warranted under the circumstances. Let's dig in here. I thought of making this video after reading a recent article from JAPANNEWSNAVI, japannewsnavi.com, the article is titled: The US is refusing entry to Japanese nationals one after another. Will Immigration inspections be tightened, requiring people to submit bank balance certificates to show they have financial resources and are not at risk of working illegally? So again, I urge those who are watching this video, go check that out. My friend Michael Yon actually sent me that link. He was talking about US Immigration from Japan and kind of wanted my insight on it, and I'm making this video now. 

Long story short, what we are talking about here is what is called Section 214b of the Immigration and Nationality Act. I've done a number of videos on that section on this channel over the years. I'll throw up some links in the description below regarding 214b. But long story short, under 214b, the analysis of the Consular Officer adjudicating a visa application is such that they have to be convinced that there are "strong ties" to the home country or another country outside of the United States, and "weak ties" to the United States. This analysis can be somewhat difficult to overcome. As we have seen in many visa denials for Tourist Visas here at the US Embassy in Bangkok, 214b can be a major threshold. Now there's also in the case of Japan, the alternative of utilizing what's called ESTA, the Electronic System for Travel Authorization. Quoting further from , japannewsnavi.com, quote: "In addition, when travelling to the United States many people enter the country using ESTA (E-S-T-A) which is easier to obtain than a visa, but if the visa is rejected," - actually they mean if the application via ESTA is rejected - "ESTA will not be issued".

Well actually there are two things going on here. One is if you apply to go to the United States through the Electronic System for Travel Authorization and you're denied, you're not going to be able to use ESTA again. So, if ESTA denies you, then you are kind of up a creek and you have to go seek a Visa. Now here is where the 'you don't know what you don't know' can come in and I will tie this in with Thai Immigration and its new ETA, Electronic Travel Authorization, that they are talking about rolling out. What are we talking about here? Well first off, when you say, 'you don't know what you don't know', the issue of applying for a Visa before applying for ESTA is one of those things. What are we talking about? Well, if you have never been to the United States and you don't really know what you are doing, a pit fall that some people fall into is to apply for a Visa rather than seek entry via the US Visa waiver program, via the Electronic System for Travel Authorization. Why could this be a mistake? Because, as noted in that article, if they deny the visa application, from that point forward you will have that on your record and you will not be able to use the Electronic System for Travel Authorization. Meanwhile, especially for those who may be eligible for the Visa Waiver Program who have never been to the United States, going to the ESTA system first may, and I stress may, all cases are different, again it needs to be analyzed based on the prevailing circumstances in a given case. But long story short, in the vast majority of cases, those who go after ESTA first may find it more beneficial that route, rather than seeking a Visa first, being denied, and then not being able to use ESTA. That's the point. 'You don't know what you don't know' when you navigate into these waters and again it may be in your benefit to seek a Visa, it may be in your benefit to go after ESTA first; again, it depends on the underlying facts of the case. 

Now that Thailand is rolling out this Electronic Travel Authorization, I think similar analysis could pertain to that moving forward. Again, not absolutely certain; this is not a foregone conclusion, but I could see a situation in the future where it may behoove someone to seek for example a Visa Exemption and operate through the Electronic Travel Authorization System - again it's not up yet, we don't exactly know how that's going to work - but I could see scenarios play out where it's better to use that as opposed to seeking a Visa. I can also see it in the converse as well, where it is better to seek a Visa rather than try to go through the ETA system. 

Again, all of this remains someone speculative especially regarding Thai Immigration, but we will certainly be keeping you updated on this channel as the situation evolves.