Comment by inigyou

1 day ago

A visa allows you entry, an ESTA doesn't allow you entry but just says you're allowed to travel to the border to see if you'll be allowed entry or not.

It's more for the airline than for you. If you have an ESTA and get refused entry, the airline isn't fined for bringing someone unauthorized to the border.

https://travel.state.gov/content/travel/en/us-visas/tourism-...

It states regarding a visa: "A visa allows a foreign citizen to travel to a U.S. port-of-entry (generally an airport) and request permission to enter the United States. A visa does not guarantee entry into the United States.

The Department of Homeland Security (DHS), U.S. Customs and Border Protection (CBP) officials at the port-of-entry have authority to permit or deny admission to the United States. "

> A visa allows you entry

That's incorrect, holding a B1/B2 US visa only allows you to arrive at the port of entry, the actual permission to enter the country is always left to the border officer interviewing you

  • It is legal to show up at a port of entry without any sort of anything. If all it allows you to do is show up at the port of entry it's a worthless scrap of paper.

    • If you show up at a US port of entry without any sort of anything the default decision is to deny entry (exceptions for Canadian citizens and citizens of a few small islands). If you show up at a US port of entry with an ESTA/visa you will most likely be allowed entry. Refusals are relatively rare.

      Commercial carriers such as airlines are also not allowed to transport people who need ESTAs/visas and do not have them to the US, so in practice it's relatively difficult to even get to the port of entry without a visa.

    • Not for airlines and international cruise ships with US as destination. The attendants won't let you board unless you have a valid US visas. Carriers get fined if they transport individuals with no proper documents to a US port of entry.

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    • In practice if you have the VISA they will almost always admit you. If you are rejected it generally means they find something at the border.