Legal Question in Immigration Law in New York

Re: machine readable passport-business man refused immigration

This sounds very odd. While the immigration officials have great discretion, they are obligated to follow their own procedures. If no regulation has been issued to require 'machine readable', then they were wrong to deny you entry. They violated the standard of 'arbitrary and capricious' and are in the wrong. The nature of legal action available yo you against them is less clear, but possible. My email is [email protected] and I am open to discussing this further with you.

Re: machine readable passport-business man refused immigration

I believe the inspector at the port of entry was correct in requiring a visa-waiver national to have a machine-readable passport. A few, low cost solutions are available to obviate the problem in the future such as: renewing your passport, and/or obtaining a B-1 visa from the US Consulate in your country of residence.

I do not think there is any financially viable way to redress your loss of business opportunities.

Re: machine readable passport-business man refused immigration

Although I understand and sympathise with your grievance, understand that Belgian visitors under a program implemented in 1988, are allowed to stay in the US for tourism or business purposes, for up to ninety days, without a visa, but after an evaluation of almost two years, the U.S. Attorney General decided on March 1, 2003, to continue the Visa Waiver Program but on the condition that they hold a new Belgian passport, having a machine-readable zone and valid at least six months. After May 15, 2003, Belgian visitors must present a machine-readable passport in order to be admitted under the Visa Waiver Program as a temporary visitor for business or for pleasure. This is the law and it was created as a tradeoff intead of just simply doing away with the entire program. As for your legal action, I would have to know a few more details to give you a specific answer, you can contact me if you would like to further speak on this issue.

Re: machine readable passport-business man refused immigration

There was a cable from DOS that Belgian citizens had to have had a machine readable passport or a B1/B2 visa in their passport by 5/15/03 while 10/1/03 was the date for the rest of the visa waiver countries in order to enter the US on the visa waiver. Why Belguim had a different date, I do not know. But it is the law. The BCBP Inspector had the right not to admit you into the US and there is nothing you can do.

In the future, I would not take what I read in the newspaper as the gospel, especially as it pertains to legal matters.

I would have thought that the airline should have known about this and not have let you board the plane.

When you use VW, you agree to its terms. One of the terms is that you waive the right to appeal a refusal of admission.

You may have another problem now. If you were refused admission and were subject to expedited removal when you were not let into the US in NY, you are barred from returning for five years unless you obtain a waiver first.

If this is a case, you will always have to get visas in the future and you will not be able to use the VW.

I would obtain the machine readable passport immediately.