Getting into the USA with a criminal record?

[reds4ever]

Rufus,

He has an 'old' passport, the conviction won't be on it. Am I right in thinking that (off the record) he'd be better off just saying nothing?

[Rufus T. Firefly]

What do you mean by "old' passport? if you mean non-machine-readable, then he has to get a visa; a visa will still be swiped for a namecheck.

[MarkG]

or been arrested or convicted for two or more offenses for which the aggregage sentence to confinemnet was five years

your friend has one conviction of 18 months. so he answers no on the question and that's the end of the story from what i understand...

i dont think there is such a thing as an interview process (like in countries that visa is reuiqred (e.g. greece) so your friend will never be asked about it.

[MarkG]

http://london.usembassy.gov/cons_new/visa/niv/vwp.html

http://london.usembassy.gov/cons_new/visa/niv/mrp_bio.html

[reds4ever]

Originally posted by Rufus T. Firefly
What do you mean by "old' passport? if you mean non-machine-readable, then he has to get a visa; a visa will still be swiped for a namecheck.

I mean the passport was issued before the conviction and the passport hasn't been updated with the conviction (I didn't know they did this BTW).

Looks like we should be OK?

Thanks again MarkG, everyone..

[Pekka]

Right, I think you should consider this whole thing if you are going to do business or work or need to enter US in the future as well, like pointed out by Rufus, it'll get a whole more difficult if you lie in the waiver and get caught. It's basically a way to deport your ass, that's why you have to fill it out in the first place, and to see that you leave the country of course.

And definitely if you are wanted by the Interpol or stuff like that, if you're in the wanted list of just about any major agency or for any major crime... busted.

[MarkG]

but he doesnt have to lie in the form, the conviction is under 5 years.

[reds4ever]

Its not me Pekka!!

I'm organizing the trip, I just need to ensure this guy can get into America this once. After that it's his lookout....

[notyoueither]

Originally posted by reds4ever
Its not me Pekka!!

I'm organizing the trip, I just need to ensure this guy can get into America this once. After that it's his lookout....

What Rufus is telling you is that there is no sure way to know for sure, and that if he lies to anyone at American customs and gets caught he'll be screwed long term.

[Pekka]

Exactly. There's no knowing for sure. It all depends how deeply your governments work together. If he really wants to go, he'll just have to risk it. I'd say the odds are he'll get in just fine, but you never know... and if he gets caught, his ass will go into interrogation room for few hours and he'll be sent back immidiately. And then he has to jump through hoops if he ever wants to get in again, because he wasn't truthful in the waiver thingie last time... plus he was barred entry so it's a double whammy.

[Pekka]

I think the irony part is that you're going to Vegas, so I assume you're going gambling. And yet you're afraid of some virtual border?

[Rufus T. Firefly]

Originally posted by reds4ever


I mean the passport was issued before the conviction and the passport hasn't been updated with the conviction (I didn't know they did this BTW).

Looks like we should be OK?

Thanks again MarkG, everyone..

It's not the passport that they update; it's the criminal database. When your passport is swiped at Port of Entry, the biodata encoded in the passport is being seached for in criminal database. If the US's systems talk to a database with your friend's conviction in it, it'll pop up, regardless of the date the passport was issued.

[Pekka]

And here be the difference between criminal records, felony and misdemeanor. If you had been convicted of a small misdemeanor, paid fines, you are unlikely to have a criminal record (well you'd know about it if you got one) and even though there is a record for it and it will never be deleted, that kind of stuff is something I hardly believe is ever given to other countries. However, felonies and criminal records, there might be collaboration.

[reds4ever]

Originally posted by Pekka
I think the irony part is that you're going to Vegas, so I assume you're going gambling. And yet you're afraid of some virtual border?

http://sports.espn.go.com/sports/boxing/news/story?id=2980550

It's all booked, 5 nights at the MGM Grand....I'm hoping for a 'Very Bads Things' type vacation....

[Pekka]

ohh nice