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Criminal record in Australia can I go to US?

Travel Forums North America Criminal record in Australia can I go to US?

1. Posted by CodeIV (Budding Member 3 posts) 8y

Hi
I have done a search on this topic yet I could do with some help...
Im 36 Born in Vancouver Canada , my mother is Australian my dad American.
Iv been living in Australia since I was seven.
At the end of last year I served time in Prison for 6 months for growing a commercial quantity of cannabis , I am also on a 19 month suspended sentence.
EDIT ; I was convicted of cultivation only .... no trafficking and it was my first and only offence.
Im not proud of the mistake I made, never the less whats done is done and now , I have moved on.
So obviously i am an Australian citizen and hold an Australian passport yet i am also eligible for my Canadian Passport and my American passport both of which I am currently applying for with no problems.(hopefully)
Once I have these , in particular my American Passport, what will I have to do in order to get into the US?
What rules will apply to me?
as in do I have any chance of getting in?
Any help here would be appreciated.
Thankyou
Brendan
PS
Id like to go there legally , spending time in an American jail is not on my list of things to do;)
cheers

[ Edit: Edited on Sep 12, 2008, at 5:31 AM by CodeIV ]

2. Posted by Hien (Moderator 3906 posts) 8y

In my opinion, you'll be seen as an American who has served prison sentence abroad. There's virtually no way you'll be denied entering your own country for that.

Once you have an American passport, you MUST always enter/exit the USA with it. It is an offence for American citizens to enter/exit their own country using another passport.

3. Posted by CodeIV (Budding Member 3 posts) 8y

Quoting Hien

In my opinion, you'll be seen as an American who has served prison sentence abroad. There's virtually no way you'll be denied entering your own country for that.

Once you have an American passport, you MUST always enter/exit the USA with it. It is an offence for American citizens to enter/exit their own country using another passport.

Thankyou Hein for your reply.
That is really great to hear!!!:) fingers crossed .
It has been a nightmare finding the correct information in regards to this and this is the first " positive" news I've received.
Once again thankyou for taking the time.:)
Cheers
Brendan

4. Posted by SamSalmon (Respected Member 626 posts) 8y

Your best bet is to contact lawyer specialising in Immigration issues or the US Consulate nearest to you.

You weren't born in the USA and how do you know they'll give you a passport?

You may think your Father's citizenship guarantees you one but there are rules and there are ways of applying rules-as you will soon see.

In the past people born here in Canada qualified for a passport but that has changed I don't know if the changes apply to you but don't you need citizenship papers to qualify for a passport anyway?

Things have really tightened up these past few years and a criminal conviction for drugs is seriously bad news.

I wouldn't bet a dollar on your chances of qualifying for a passport here or even being admitted to either country with an Australian passport.

5. Posted by samgrafix (Budding Member 15 posts) 8y

I have a friend from Germany who fought to get his citizenship. It took a while, but he did it. I don't think they can deny your citizenship if your father is an American citizen. I'm not saying it will be easy. But I do believe it will happen if you are persistent.

6. Posted by vegasmike6 (Travel Guru 3562 posts) 8y

I have a American friend in Pattaya named Bruce. He fathered a son with his Thai GF 5 years ago. Bruce wanted his son, Tyler, to have an American passport. He filled out the paperwork at the American Embassy in Bangkok and obtained an US passport for Tyler. Bruce told me a child born to an American father is entitled to a US passport, not matter where the child was born and who the mother is.

Brendan, you are entitled to a US passport. Since you will enter with a US passport, you are not subject to the rules that cover foreigners. Your record in Australia should not be a factor.

7. Posted by CodeIV (Budding Member 3 posts) 8y

Quoting vegasmike6

I have a American friend in Pattaya named Bruce. He fathered a son with his Thai GF 5 years ago. Bruce wanted his son, Tyler, to have an American passport. He filled out the paperwork at the American Embassy in Bangkok and obtained an US passport for Tyler. Bruce told me a child born to an American father is entitled to a US passport, not matter where the child was born and who the mother is.

Brendan, you are entitled to a US passport. Since you will enter with a US passport, you are not subject to the rules that cover foreigners. Your record in Australia should not be a factor.

Hey guys
This is correct.
I have just been on the phone to the American consulate and I am indeed entitled to my American passport regardless of my record here in Australia.:)
That being said I still have to come up with a truck load of information which still does not guaranty a passport.
The difficulty now though is proving Physical presence that my Father had lived in America for at least 10 years from birth and 5 years after the age of 14.
Since there is no contact with any remaining relatives in the States I have 2 options left :
Find out what school my father went to and try to obtain records...
Or since my Father was drafted (He chose to go to Canada to avoid the draft) then there must be some sort of military record of this proving he was in the States until the age of 20. (which was the case)
All of my fathers ID was lost many years ago so Im having to start from scratch.
PS My dad is not a well man physically and mentally , Im his carrer and only family left so obtaining all this information is going to be a bitch...
Regardless I will persist no matter what.
Thank you to everyone who has posted there opinion it has been greatly appreciated.
Brendan