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old record and travel to USA - Anyone had problems?
I'm trying to find out whether anyone has had any problems entering the USA
on a tourist visa, particularly under the 'visa waiver program', due to any stupid youthful indiscretions committed many years ago. I have heard from travel agents and others a few 'horror stories' about travelers getting to the immigration counter at their port of entry to America and being abruptly kicked out again by the INS on account of an undisclosed drunk-driving or petty theft rap from many years ago. I am not sure whether the people concerned have been detected due to a (perhaps unwise) disclosure of their record to the US authorities or due to the US immigration staff having some sort of online access to databases from certain overseas countries, such as Canada and Australia Certainly in Australia the US Customs and INS staff have a very bad reputation for over-zealousness and on that basis I am concerned that a minor record from over 23 years ago may cause some problems. It is my understanding that the US authorities ask you whether you've been charged with any criminal offenses and generally take your word for it and investigate no further if you say 'no'. However other information suggests that, to some extent at least, they are able to look at records from Canada and Australia, which implies some information sharing between those countries. It may be that this access to other countries' records relates only to serious offenses or terrorist-related matters but there seems no way to know for sure. Anyway, I was hoping to get some advice from other non-US travelers who've visited the USA recently as to whether or not a (very old) criminal record is likely to be available to the staff at US entry posts. I understand that it may be necessary for the person concerned to apply for a visa, disclose the full facts to them and take their chances that they will grant an entry visa. I am still concerned as to the privacy aspects however, especially given that these convictions would be considered (after ten years of good behavior) to be 'spent' or 'expired' within Australian jurisdictions. Anyone got any stories they are prepared to share? bwfan |
#2
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old record and travel to USA - Anyone had problems?
On Tue, 30 Dec 2003 14:20:17 GMT, "bwfan"
wrote: I'm trying to find out whether anyone has had any problems entering the USA on a tourist visa, particularly under the 'visa waiver program', due to any stupid youthful indiscretions committed many years ago. As you've heard, some people have. Seems to me, the percentage play would be for you to ask the nearest U.S. Consulate whether there would be a problem for you. I have heard from travel agents and others a few 'horror stories' about travelers getting to the immigration counter at their port of entry to America and being abruptly kicked out again by the INS on account of an undisclosed drunk-driving or petty theft rap from many years ago. If you're driving into the U.S. or may be renting a car, a drunk driving offense is a very legitimate concern, and though you might consider that petty, I doubt anyone else would. You're better off disclosing it and seeing whether they'll let you in, anyway. [snip] Anyway, I was hoping to get some advice from other non-US travelers who've visited the USA recently as to whether or not a (very old) criminal record is likely to be available to the staff at US entry posts. [snip] You sound like you want to get in by lying. If you try lying, I hope they make you turn around at the border. But you could get into worse trouble, because lying to customs or border control officials is a criminal offense. Do you really want to be interrogated for hours in a side room and possibly end up in jail? Either stay out of the U.S. or be honest and ask a consular official in advance whether they'll let you in. If they won't, consider going somewhere else for your vacation. Maybe the Mexicans or Europeans won't care if a former criminal tries to lie his way in. Michael If you would like to send a private email to me, please take out the TRASH, so to speak. Please do not email me something which you also posted. |
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old record and travel to USA - Anyone had problems?
It is my understanding that the US authorities
ask you whether you've been charged with any criminal offenses and generally take your word for it It raises a giant red flag to the officials if they catch you lying, even if it's over a fairly small matter, as they'll wonder if you're lying about other things, too. I think Michael's suggestion of just checking with the US Consulate is a good idea. ++++++++++++++++++++++++++++++++++++++++++++++++ Remove "NOSPAM" from my address when sending me e-mail. ++++++++++++++++++++++++++++++++++++++++++++++++ - |
#4
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old record and travel to USA - Anyone had problems?
"bwfan" wrote in message ... I'm trying to find out whether anyone has had any problems entering the USA on a tourist visa, particularly under the 'visa waiver program', due to any stupid youthful indiscretions committed many years ago. That rather depends on the nature of the stupid indiscretions and how many there were. In brief a single crime that wasnt a sexual offence, didnt involve drugs and carried a maximum prison sentence of less than a year is excluded. http://travel.state.gov/visa;ineligible.html I have heard from travel agents and others a few 'horror stories' about travelers getting to the immigration counter at their port of entry to America and being abruptly kicked out again by the INS on account of an undisclosed drunk-driving or petty theft rap from many years ago. I am not sure whether the people concerned have been detected due to a (perhaps unwise) disclosure of their record to the US authorities or due to the US immigration staff having some sort of online access to databases from certain overseas countries, such as Canada and Australia I cant speak for the Canadian or Australian authorities but I have been informed they dont have access to the British Police national computer system Certainly in Australia the US Customs and INS staff have a very bad reputation for over-zealousness and on that basis I am concerned that a minor record from over 23 years ago may cause some problems. It is my understanding that the US authorities ask you whether you've been charged with any criminal offenses and generally take your word for it and investigate no further if you say 'no'. The only questions I have been asked are those on the visa-waiver form which dont really cover minor offences, except those regarding drugs. However other information suggests that, to some extent at least, they are able to look at records from Canada and Australia, which implies some information sharing between those countries. It may be that this access to other countries' records relates only to serious offenses or terrorist-related matters but there seems no way to know for sure. Anyway, I was hoping to get some advice from other non-US travelers who've visited the USA recently as to whether or not a (very old) criminal record is likely to be available to the staff at US entry posts. I understand that it may be necessary for the person concerned to apply for a visa, disclose the full facts to them and take their chances that they will grant an entry visa. I am still concerned as to the privacy aspects however, especially given that these convictions would be considered (after ten years of good behavior) to be 'spent' or 'expired' within Australian jurisdictions. There is a procedure which a colleague of mine followed to get a visa issued with a waiver for previous offences. In his case it was for possession of marijuana at University 20 years ago. The local US consular office will have details, I recommend applying through them. http://travel.state.gov/links.html Keith |
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old record and travel to USA - Anyone had problems?
On Fri, 2 Jan 2004 20:03:08 -0000, "Keith Willshaw"
wrote: "bwfan" wrote in message ... I'm trying to find out whether anyone has had any problems entering the USA on a tourist visa, particularly under the 'visa waiver program', due to any stupid youthful indiscretions committed many years ago. That rather depends on the nature of the stupid indiscretions and how many there were. In brief a single crime that wasnt a sexual offence, didnt involve drugs and carried a maximum prison sentence of less than a year is excluded. http://travel.state.gov/visa;ineligible.html [snip] You clearly know whereof you speak. One question, though: Does that include drunk driving? And is the point that the offense carried a maximum sentence of less than a year in the visitor's home country or in the U.S.? Michael If you would like to send a private email to me, please take out the TRASH, so to speak. Please do not email me something which you also posted. |
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