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

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.

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.
++++++++++++++++++++++++++++++++++++++++++++++++
-

"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

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.