Visa policy is holding back American tourism
At the core of American justice is the presumption of innocence until proven guilty, a principle adopted from British common law which the US has followed for more than 240 years.
The United Nations has enshrined this principle: “Everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty according to the law” (ICCPR Article 14).
So why is it that anyone applying for a visa for tourism or business in the United States is presumed to be guilty and must prove their innocence?
Dig into the rules for getting a tourist visa and you find that “the burden of proof of intent to return to the home country” is strictly on the person applying. Doesn’t this fly in the face of the basis of US law? Why is it so different from the rest of the US law in this case?
Foreign visitors to the United States generate $250 billion annually, according to the government’s Task Force on Travel and Competitiveness in their booklet, “National Travel and Tourism Strategy 2012”.
It would seem to be in US interests to encourage more people to visit – instead of discouraging them by making a visa so difficult to obtain, as seems to be the case now at the US Embassy in Bangkok. The same booklet talks about enabling and enhancing travel and tourism to and within the US, which implies that it is government policy to issue more visas to would-be visitors who are not considered a threat. And since people are presumed innocent until proven otherwise, applicants who are not found to be “guilty” should be automatically issued visas. Sadly, that doesn’t happen. People applying for visas seem to fall under the Napoleonic Code and its presumption of guilt.
In addition, it looks like the $160 visa fee charged by US embassies is too much, especially here in Thailand. The Immigration and Naturalization Act 281 says the fee should be the same as the fees charged by Thailand for the same services. That may be in line with some other countries, but the law specifically says they should be in line with the host country. Last time I checked, Thailand charged Bt1,900, or about $55, for a one year visa. Why such a vast difference?
Mark Harris
Bangkok
