Travelling to USA with a Criminal Conviction
#1
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Travelling to USA with a Criminal Conviction
Hiya peeps,
My lodger's off to the states in a couple of weeks to visit his GF
who's studying out there and he has a bit of a worry, which I'm
thinking is a pretty legitimate one unfortunately.
He's got a conviction and spent about a year in prison for GBH,
some years ago. He's not a thug or anything but got into a situation
where a couple of guys started on him so he finished it, as it were.
I know that visiting the states with a record can be a rigamarole,
apparently, but I've not had to deal with this worry myself, not
having been convicted of anything.
Anyone got any words of advice?
I told my lodger I'd ask here, as so far we've only been able to gleen that there may be a problem if you have been convicted of a crime of 'moral turpitude' or have spent more than 5 years inside.
His next move will probably be to speak to the American Embassy,
but he's worried about stitching himself up, if you know what I mean.
Any help would be appreciated, my lodgers freaking out cos he wants to 'see' his bird
Cheers,
Tom
My lodger's off to the states in a couple of weeks to visit his GF
who's studying out there and he has a bit of a worry, which I'm
thinking is a pretty legitimate one unfortunately.
He's got a conviction and spent about a year in prison for GBH,
some years ago. He's not a thug or anything but got into a situation
where a couple of guys started on him so he finished it, as it were.
I know that visiting the states with a record can be a rigamarole,
apparently, but I've not had to deal with this worry myself, not
having been convicted of anything.
Anyone got any words of advice?
I told my lodger I'd ask here, as so far we've only been able to gleen that there may be a problem if you have been convicted of a crime of 'moral turpitude' or have spent more than 5 years inside.
His next move will probably be to speak to the American Embassy,
but he's worried about stitching himself up, if you know what I mean.
Any help would be appreciated, my lodgers freaking out cos he wants to 'see' his bird
Cheers,
Tom
#2
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I understand that the system is based on trust. To demonstrate this Id point out that they ask whether youve ever been 'arrested' (if the answer is 'yes' then youre told that you need a visa). This shows up in an American background check, but they werent familiar enough with our legal/criminal justicesystem to realise that arrests arent recorded here...
If he has a spent conviction I do not believe that the HS people can have any way of finding out.
If he has a spent conviction I do not believe that the HS people can have any way of finding out.
#4
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Cheers
That's pretty much what I've told him. They don't have direct access to our
criminal databases, I believe, so he should be ok. He hasn't got any drugs convicts, which I understand are a real no-no to have.
He should be ok though, I figure.
Many thanks!
Tom
That's pretty much what I've told him. They don't have direct access to our
criminal databases, I believe, so he should be ok. He hasn't got any drugs convicts, which I understand are a real no-no to have.
He should be ok though, I figure.
Many thanks!
Tom
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Set his mind at rest? He did a year in prison for GBH, if they ever allow him in itll be with a visa every time. Thats the definition of stitching yourself up.
Goodadvice(not).
See what I did there? Did you like it?
Goodadvice(not).
See what I did there? Did you like it?
#6
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#7
I'd just fill the form in saying 'No convictions'.
It appears to work, even if a year inside has been unfortunately obtained.
I'd advise him to not worry. Turning up looking worried is more of a problem with custom's apparently.
I've got to get some new friends.
It appears to work, even if a year inside has been unfortunately obtained.
I'd advise him to not worry. Turning up looking worried is more of a problem with custom's apparently.
I've got to get some new friends.
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#8
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Ah, I misunderstood. He only has the visa waiver thing. As far as I know it's possibly six months to get a proper visa. Ooh, I may have some bad news for me lodger
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#12
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He better not walk through the airport like that or it'll be rubber glove and deportation time
#13
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Summary:
Do not telephone the US embassy.
Fill in the visa waiver form on the aeroplane.
Do not look furtive/guilty/sweaty when you front Homeland Security.
Do not telephone the US embassy.
Fill in the visa waiver form on the aeroplane.
Do not look furtive/guilty/sweaty when you front Homeland Security.
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#16
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Youre missing the point. The very obvious point. Their rules are very clear: even if youve only been arrested and not charged then they will not let you into their country without a visa. The visa waiver system is only for people with a lilly-white past. Theres no point calling the embassy, as their policies are common knowledge.
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He'll be making a rod for his own back if he does. Tom: he must have a visa, but they cant actually find out that he needs one unless he gives himself away...
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#24
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Just tell him not to go then,if he is that nervous he'll be in Guantanamo Bay within 24 hrs of landing. He can either hold his hands up and apply for a visa, or go and bluff it. Doesn't sound like the bluff it option will work. I think the advice given to just blag it is a bit irresponsible, seeing as he will be sh1tting himself when he gets to the CPB desk on the other side. I am sure his missus will be more pissed off if he gets deported, as opposed to if he gets refused entry beforehand, or has to re-arrange his trip to get a visa in time.
#25
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Yeah, tried to tell him to chiiiiillll, lol, don't think it's working.
Y'see the thing is he's already got the tickets, so it's most likely
going to be the slightly dodgy 'bluff it' that he goes for.
I did tell him he should probably find out for certain before booking
but everyone's been saying it should be ok, which I also
pretty much have to do now or he's gonna have a stroke or
something, pmsl
Oh, and he's muslim, wears a tuban and has a big grey beard!
Y'see the thing is he's already got the tickets, so it's most likely
going to be the slightly dodgy 'bluff it' that he goes for.
I did tell him he should probably find out for certain before booking
but everyone's been saying it should be ok, which I also
pretty much have to do now or he's gonna have a stroke or
something, pmsl
Oh, and he's muslim, wears a tuban and has a big grey beard!
#26
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Ok, I made up the bearded muslim turban thing
He's a ginger with typical Addlestone accent
He's a ginger with typical Addlestone accent
Last edited by Torquemada; 26 September 2008 at 11:19 PM. Reason: me no can worky the keyboard
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Technically you can be refused entry and turned around at the airport if you have committed a "crime involving moral turpitude". Assault is one of these.
Moral turpitude - Wikipedia, the free encyclopedia .Having said that the nice gentleman that asks all the personal questions at the point of entry probably doesn`t have the ability to find out. I`m assuming that your friends g/f is not american and your friend has no intention of living in the U.S. in the future. If thats the case then he might get away with it.
Moral turpitude - Wikipedia, the free encyclopedia .Having said that the nice gentleman that asks all the personal questions at the point of entry probably doesn`t have the ability to find out. I`m assuming that your friends g/f is not american and your friend has no intention of living in the U.S. in the future. If thats the case then he might get away with it.