Sunday, July 4, 2010

Close to home

It's an interesting question to be asked, after having lived in Japan for ten years, "When was the last time you went home?"—where the question refers not to my nice house in the mountains, but instead to the places in America where my parents live. From my perspective, unless I'm traveling, the last time I was home was right before I left in the morning to go to work. And it's even stranger when someone asks me that while I'm at home. I have to look around and get my bearings, just to make sure I'm clear what home means to me before I ask them what it means to them.

That said, this summer, for the first time in five years or so, I'll be heading back to what once was my home, which brings me to the topic of this post. Fortunately, Japan and the US are both members of the visa waiver program, so I can travel with my Japanese wife in the states for up to 90 days without having to go through the inconvenience and (considerable) expense of getting a visa for her. In the past, it's been as simple as buying the airline tickets and then jumping on the plane. Unfortunately, that's all changed recently; now all non-US citizens must register their intent to enter the US using the Visa Waiver program via a new online system, Electronic System for Travel Authorization (ESTA).

Aware that it's my family we're going to visit, I decided I should be the one to navigate the ESTA website to get travel authorization arranged for my wife, Yuki. It was relatively painless as far as entering information and getting to the page that tells me what I already know; my wife isn't on any problematic watch lists which would prevent her from flying. But the language I read as I navigated through the site was, in my opinion, unconscionable. Here's an extract of a particularly disagreeable block of prose:
Waiver of Rights: I have read and understand that I hereby waive for the duration of my travel authorization obtained via ESTA any rights to review or appeal of a U.S. Customs and Border Protection Officer's determination as to my admissibility, or to contest, other than on the basis of an application for asylum, any removal action arising from an application for admission under the Visa Waiver Program.

In addition to the above waiver, as a condition of each admission into the United States under the Visa Waiver Program, I agree that the submission of biometric identifiers (including fingerprints and photographs) during processing upon arrival in the United States shall reaffirm my waiver of any rights to review or appeal of a U.S. Customs and Border Protection Officer's determination as to my admissibility, or to contest, other than on the basis of an application for asylum, any removal action arising from an application for admission under the Visa Waiver Program.

So not only is my wife required to request permission of the US government to enter the country that issues my passport, but she also has to waive all of her rights to appeal as part of that request. Twice, just for effect, as when they fingerprint and photograph her at immigration, that's a second affirmation of her waiver of her rights.

That language would certainly turn me off from visiting a foreign country. Considering the deplorable state of the US economy and the ensuing drop in tourism, particularly after the gulf oil spill, your would think there would be more effort to encourage foreign visitors. Something like:
Thanks for considering visiting the United States. While we welcome foreign visitors to our shores, international travelers seeking to enter the United States under the Visa Waiver program must now first apply for authorization...

Instead this is what their site says:
International travelers who are seeking to travel to the United States under the Visa Waiver Program are now subject to enhanced security requirements. All eligible travelers who wish to travel under the Visa Waiver Program must apply for authorization...

Considering how hospitable the welcome mat was for this trip, it may be another five years before I find myself returning to the US again.

3 comments:

  1. No wonder my Japanese husband had such a hard time with ESTA when we went home for Christmas! This is what happens when forms are written by lawyers with no ESL experience! :-) Just as bad as when the USA airlines (pre 9/11) used to ask you those two questions about whether or not you packed your own suitcase in rapid fire language. My fluent in English husband stammered, "No. . .yes. . .uh." I tried to intervene and was hushed up!
    You want to throw up your hands and say, "I'm a tourist, I'm innocent!"

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  2. Thanks for drawing attention to this. Yes, it is deplorable. After reviewing the visa process for my wife, it is almost certain that we would not settle there. However the USA might be historically oriented towards immigration and immigrants, it is not the case in 2010.

    Makes Japan look like an immigration paradise in comparison.

    I also move for more blogging from Theron! Can someone second that motion for me?

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  3. Thanks for the comments! It's good to see people are out there!

    Steven, if you're interested in more blogging from me, I write columns once a month for ELT News, which are available here: http://www.eltnews.com/editorial/therons_editorial/. Right now I'm trying to make sure I meet a once a month commitment to posting here. If I start to build up a backlog of material, I'll switch to biweekly, but I want to make sure I keep this blog going rather than putting in a lot of energy right at the beginning then burning out and abandoning the project.

    Lesley, I remember the feeling you describe myself when I flew back to the states for my grandfather's funeral. At the immigration checkpoint a new immigration officer, probably just starting her morning shift and full of coffee, met me, who had been sitting in planes, trains, and automobiles for close to 24 hours. The conversation went:
    "What are you doing in Japan?"
    "I live there."
    Looking up, drawing her lips together into a hard line, "What do you DO there?"

    So miscommunications aren't only limited to ESL speakers.

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