Getting into the USA with a criminal record?

[reds4ever]

Does anyone know what Americas policy is on this? Theres a few of us going on a long week end break in Vegas from the UK. One of the party was found guilty of handling stolen property 18 months ago, is this going to be a problem getting in the USA?

[SlowwHand]

We can't seem to stop anyone else. Don't worry about it.

[Pekka]

Well, you'll have to fill out the visa waiver card which spesifically asks if you have commited a crime, can't remember the exact wording, but it depends I guess.

If he can be caught in the border by lying in his visa waiver is all depending on if the customs have access to UK criminal record database, which they don't by default.

So... don't take my word for it, but I don't see a problem coming up. However, the "proper" way of doing this is of course consulting your embassy about this beforehand.

Of course these new passports have more data in them, so I don't know, when did you friend get the passport and also do they contain this kidn of information?

18 months is not a long time ago. If he got a criminal record for it.... I don't know man. If it was me, I would just take my chances anyway, if you're going to the embassy with that real name and try to settle this, you won't get to go in time anyway, especially since you have no real reason to go, as in family or business. I say the odds aren't that bad.

[Dauphin]

Living up to scouse stereotypes.

[CrONoS]

@reds4ever
I wouldn't try without calling the consulate to have more information.

I know that one of my friends didn't had the possibility to enter the U.S.A. because he had a criminal record.( I don't remember what, I think is possession of marijuana).

[Pekka]

cronos, well did your friend admit to having a record with drug related crime in it? IF so, well I mean.. of course he can't go. That's why you don't tell that to everyone.

[DinoDoc]

Several cities seem to love criminal aliens. He should be OK.

[reds4ever]

Cheers Guys. The fear is owning up to something and causing complications when we don't really need to....

Originally posted by Dauphin
Living up to scouse stereotypes.

He's a Manc...I kid you not!

[MarkG]

Originally posted by Pekka
Well, you'll have to fill out the visa waiver card which spesifically asks if you have commited a crime

QFT

you can most probably get a copy of the form at the web site of the US embassy of your country

but i thought that you dont need a visa from UK to US?

[Pekka]

No they don't need it, but they do need to fill out the visa waiver form, yes?

[MarkG]

Originally posted by Pekka
No they don't need it, but they do need to fill out the visa waiver form, yes?

you could say that

A. Do you have a communicable disease; physical or mental disorder; or are you a drug abuser or addict?
B. Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance; or been arrested or convicted for two or more offenses for which the aggregage sentence to confinemnet was five years seeking entry to engage in criminal or immoral activities?
C. Have you ever been or are you now involved in espionage or sabotage; or in terrorist activities: or genocide; or between 1933 and 1945 were you involved , in any way, in persecutions associated with NAZI Germany or its allies?
D. Are you seeking to work in the U.S.; or have you ever been excluded and deported; or been previously removed from the United Stated; or procured or attempted to procure a visa or entry into the U.S. by fraud or missrepresentation?
E. Have you ever detained, retained or withheld custody of a child from a U.S. citizen granted custody of the child?
F. Have you ever been denied a U.S. visa or entry into the U.S. or had a U.S. visa canceled? If yes,

When? _________________ Where? _______________
G. Have you ever asserted immunity from prosecution?

[Pekka]

So my interpretation is that if "your friend" was convicted of hiding stolen stuff and the sentence couldn't have been 5 years, then there's no problem... meaning that the crime doesn't carry a 5 year sentence to begin with. If it does but your friend obviously didn't get it, it would be a violation to check no.

Unless he's a nazi too.

[reds4ever]

Thanks for the link Mark.

Pekka, there really is no need to put "your friend" in quotes....its not me!! Honest!!!!

[MarkG]

btw, just noticed

immoral activities

immoral?!?!?!?

[Rufus T. Firefly]

Let me pose as an expert -- since I am one on this particular topic:

Yes, a conviction for receiving stolen property would make your friend inelligible to enter the US -- if the officer at the point of entry knows about it. He would know about it if yor friend tells him; as Pekka and MarkG point out, your friend will have to fill out the visa waiver form and answer a question about past criminal behavior. He might also know if it shows up when the passport is swiped; I know Interpol's databases have been linked to the uS's, but I don't know if this is the sort of thing that would be there. Finally, if your friend lies on the visa waiver form and is caught lying as well, it will probably create a 6C inelligibility for Misrepresentation, which would bar him from ever again entering the US without first applying for permission from DHS.