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This answer has made me feel a little sorrow that I am not a lawyer. I have never thought about the library of paragraphs that it has actually this wonderful applied phylosophy side.
Maybe Dudley and Stephens sailors were also poor? That was the precedent for the emergence of the necessity defense. Why is it considered poverty and not mortal danger?
Yes but the state has laws to determine, who is allowed to get a visa, and the embassy executes these laws, to quality visa applications. If they violate these laws, they can be likely sued.
@JustinCave I was not ever in this case, anyways I could enter USA any time to waste my money. I am just curious, how could this procedure ever happen without local presence.