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Travelling to USA on holiday having a criminal record

Travel Forums North America Travelling to USA on holiday having a criminal record

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1. Posted by saffareno (First Time Poster 1 posts) 9y

Hi.

Can someone give me advice regarding this subject. I am travelling to Orlando, Florida, next month with my 21 year old daughter. I have just discovered that she was arrested for being in possession of a class A drug. The amount of the drug was very very minimal, so much so that she not given a custodial sentence or even given a fine, but was just put on a good behaviour order for 6 months, even so she will have a criminal record. Due to the date of travel it is now to late to obtain a visa for her. Can anyone tell me conclusively, on entering the USA do the immigration officers have access to information on the UK criminal record database when they scan a passport.

Has anyone been in a similar situation to mine? I would very much appreciate help regarding this matter.

M

2. Posted by aharrold45 (Travel Guru 1281 posts) 9y

I couldn't tell you for sure, but I remember when I was in the US late last year that I heard something about G W Bush was pushing (making threats) for everything about passengers from the UK-US before departing the UK to be forwarded on to the US immigrations when you have boarded a flight. This varied from how you paid, how much the ticket cost, what your bank balance is, when you paid for your ticket, where you paid for it and everything that really should be none of their business. So if that has been bought in to effect, I reckon that a criminal record would be forwarded as well, but like I said I am not 100% sure on it.

I did read something on here a few weeks back where some person and I think it was from the UK tested it due to the same reasons you have, making sure he said that he didn't have one on the form as well as when they give you the interview and he was let through. That trip was taken mid last year according to the date of the original post. If it is too late for getting a visa, I guess you have no real option other than test the system and prayer that the scumbag doing your terrorist going over believes your friend and that thing Bush was looking at bringing in hasn't come in yet so no record is on the computer.

Goodluck. You should post back on here when the good or bad news happens to let others know what happens.

[ Edit: Edited on Jan 23, 2007, at 6:44 PM by aharrold45 ]

3. Posted by aharrold45 (Travel Guru 1281 posts) 9y

The post I mentioned where someone had a similar situation to yours can either be found by looking at http://www.travellerspoint.com/forum.cfm?thread=22639

or if it hasn't moved any it is on the 3rd page back from this one, but you'll need to check through a few replies to see the follow up reply from the member jay-london.

[ Edit: Edited on Jan 24, 2007, at 3:50 AM by aharrold45 ]

4. Posted by pfeiffer (Full Member 211 posts) 9y

Quoting aharrold45

If it is too late for getting a visa, I guess you have no real option other than test the system and prayer that the scumbag doing your terrorist going over believes your friend and that thing Bush was looking at bringing in hasn't come in yet so no record is on the computer.

I don't like such security screenings any more than you do, I assume, but I must object to such name-calling. These are people doing their job, for better or worse; they don't make the laws.

Former President Carter said at Brandeis this past week: ""This is the first time that I've ever been called a liar and a bigot and an anti-Semite and a coward and a plagiarist." Please save the vitriol for the process, the laws, even our choice of President, but not the person.

-Kevin
--
Kevin Pfeiffer

5. Posted by oslaue (Full Member 571 posts) 9y

its a hit and miss...

but lets compare it to this situation...if you had a criminal record for terrorism and you enter the usa, i think that will bring up a warning sign on there computers except come under the category of terrorist.

the same would be for drugs.

having said that, i havent got a flight recently to the usa but here in ireland before getting on the plane the usa have there own police at dublin airport - probably because they think that the irish police are too relaxed...they also can make there own arrest and all that.

i just find it difficult to understand why one can get on a plane, sit on it for 7 hours and be refused entry and sent home...

having said that i knew a girl who outstayed her visa by 2 days and went back to the usa 5 years later on a holiday and she was refused entry and sent back straight away...so that was kept on the system.

i imagine drugs would be worse...or maybe they take outstaying visas more seriously...

goodluck either way and let us know how you get on.

6. Posted by Isadora (Travel Guru 13926 posts) 9y

Hi John,

I agree that it will be a "hit or miss" situation. Personally, I would take for granted that the criminal record information will be accessible by Immigration when they do the passport scan. Since the arrest was recent, it may take some time before anyone enters it into database - but I wouldn't rely on that. I highly recommend contacting both the US and your own embassy and speak to someone who can give you the correct information and how you should proceed.

I know you are looking for all the help you can find, though - as much as I love TP - it will not be your best source for what you require. One person's circumstances may be very similar, but the end experience probably will not. If you decide to take a chance and visit, do make sure to have all the documentation you can gather to show your daughter received only the equivalent of our probation.

7. Posted by oslaue (Full Member 571 posts) 9y

well they do say that you have to notify them if you have a criminal record and need a visa...i guess if you ignore this then they see this as lieing! so if caught then theywill automatically send your daughters ass back home without question.

in general i have found when i was in the usa with US immigration no messing about, they mean business!

8. Posted by Isadora (Travel Guru 13926 posts) 9y

Quoting oslaue

having said that, i havent got a flight recently to the usa but here in ireland before getting on the plane the usa have there own police at dublin airport - probably because they think that the irish police are too relaxed...they also can make there own arrest and all that.

It is part of the US-VISIT Program. Non-US ports of entry covered under this program include Aruba, Bahamas, Bermuda, Ireland and Canada.

9. Posted by aharrold45 (Travel Guru 1281 posts) 9y

I don't like such security screenings any more than you do, I assume, but I must object to such name-calling. These are people doing their job, for better or worse; they don't make the laws.

I agree that they are just doing their job and they are abiding by the laws that morons like Bush, Clinton etc have put in. My point is more aimed at the way they do it and the racist way they go about doing so. For example if I was a Russian person I need to go through a lot of processes, have a language test, lots of other things and probably still be denied a visa. As an Australia or a British person who is elegible for a visa waiver, obviously the language test isn't an issue, but the way they treat you as a terrorist coming in to the country. Like the finger printing, mug shot and even Iris scanning sometimes that they give you makes you feel like you are a criminal. For people in the US who are more likely to do something criminal in the country none of that bullshit happens. The thing with descriminating against people who have got a criminal record is that the majority of those people who have got one are of no threat to America. For example if you had do DUI offence are you likely to be a threat in America when you are a tourist? It is very very unlikely you are and yet that will get you a red flag and refused entry in to the country if they know about it without you having a prior visa. If you were caught with a crop of dope growing in your yard and got a jail sentance for it, does that mean you are going to be a threat to the US in a maximum of a 90 day stay? I DON'T THINK SO! Maybe if you planned to be a permanent resident in the US to then buy a home and grow more dope, but on a visa waiver you couldn't become a permanent resident legally. If you were caught with a small amount of cocaine on your posession are you likely to be a threat to the US when you enter? Again that is not likely. If you killed someone by manslaughter (certain conditions would need to apply), are you likely to be a seriel killer that is going to kill Americans like George W Bush is allowing to happen in Iraq? Unlikely. If you propositioned a prostitute or were a prostitute and were caught and charged, are you likely to hurt America? NO! If anything if you are a woman who was in to that sort of thing, you'll make life happier for some American guys and show them what they miss out with having the fat and ugly women in their country. About the only few things that a red flag should be raised over and make getting a visa waiver or any visa not possible is if you got a criminal record for murdering someone, child molestation, raping someone, terrorism charges and maybe one or two others I can't think of right at this moment. The majority of people that want to enter the US if have a criminal record though are drug related or DUI and that isn't threatening America, so why should those people with what most would consider minor offences suffer life long hassels when they did the time for doing the crime and are unlikely to offend in America? Like if you had been caught with drugs, do you think that you should have a cop follow your every move for the rest of your life punishing you more even though you did the time? I doubt you would.

As for that former president not like being called a lier, well perhaps he shouldn't have been a president, because every president I know more so in the US have been compolsive liers and most especially US ones can't take responsibility for their own misjudgments or mistakes. Think of recent ones in the US and the current one is the biggest Lier I have ever seen in my life of 26 years. George W Bush- "Iraq has a supply of weapons of Mass destruction". OK where the f**k are they know it all president and where is the sorry widow wifes for my mistake of judgment which has resulted in your husbands or boyfriends being murdered, beheaded or other inhumane crimes by the terrorists that have now taken over Iraq? Bill Clinton - "I didn't have sexual affairs with that woman". OK lier why did you later confess to doing it then if you didn't when you made the original comment. Same sort of things have happened with basically every other US preside in recent times that I know of just can't think of a quote at the moment.

It is mainly the morons that the US people vote in to office that get to me and the fact especially the latest one who thinks he can force his dumb un-educated decisions on to the world and threaten countries that don't agree with his decsions. He got his college degree through illegal sources I'm almost certain of. He got one of those degrees made up, or his father gave the college a big wad of US tax payers money and said "give my son the degree he wants, or I'll make sure your college misses out on government funding".

[ Edit: Edited on Jan 24, 2007, at 3:30 PM by aharrold45 ]

10. Posted by Isadora (Travel Guru 13926 posts) 9y

Now that this thread has been taken completely off topic, let's try to bring it back into focus. Please reply with useful information concerning the request and save the political debate for a more relevent thread. This is not it. Thank you.