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Traveling to the USA with criminal record

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SansPants +

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Traveling to the USA with criminal record
Anyone have any experience traveling to America with a criminal record? Apologise in advance for being a total nub.
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I once entered America with a copy of a Limp Bizkit record in my luggage “for a friend” suffice to say I was shitting myself.

And that’s me for the day.
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http://www.smartraveller.gov.au/zw-c...tes_of_america
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I really am...

Quote:

Australians with a criminal record (regardless of how minor or how long ago the offence took place) should ensure they seek advice from their nearest United States Embassy or Consulate about their visa requirements for entering or transiting the United States as they may be refused entry.

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or bored, replace kind with bored if you like...
but seriously, to start a new account just to ask this question when that was the first hit on google
some people
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also, if you are going to go on the internet, can you at least put on some pants?
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also, what did you do?
because you can't come in here asking things about having a criminal record without telling us what it was
was it indecent exposure?
you went out in public without any pants on didn't you?
and then you pissed on a police officer...

i'm just going to keep talking here until something happens...
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Quote:

Australians with a criminal record (regardless of how minor or how long ago the offence took place) should ensure they seek advice from their nearest United States Embassy or Consulate about their visa requirements for entering or transiting the United States as they may be refused entry.

seriously? why? is this just so the US can have an unofficial 'work for the dole' arrangement? i wonder how much manpower would be required to sift through every person's request that was done for DUI or something else petty when they were 18.

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Originally Posted by Tristan View Post

well done sofu, perhaps your most offensive post yet!

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DUI ... is the american term, it is BAC here... also it is not a criminal offence, it is a driving offence...

also, why? err on the side of caution, something you mau think as petty might not be, and so you get on a plane to the USA get there and get turned back...
fun times for all huh? that site would be for people who want to be as safe as possible knowing that they are going to enjoy their trip to whatever country, im sure they would just let most of them through automatically unless someone did something that flagged as needing further time to check, most would be obviously too petty, or obviously not allowed...

i'm pretty sure australia would have similar things set up...

actually the first line on that page i took that from said check with the embassy

Quote:

Visa and other entry and exit conditions (such as currency, customs and quarantine regulations) change regularly. Contact the nearest Embassy or Consulate-General of the United States for the most up-to-date information.

you probably have to apply for a visa before you leave, and that kind of stuff would go on your visa application...
i guess... so...
anyway, i'm going to go somewhere else now
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Last edited by Villephant: 31-Jan-12 at 03:59pm

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Im about to lodge an appointment with the consulate but just wanted to hear some success/failure stories from plebs who have made the journey. Im a long time lurker and there is some traveling type ****s on here so i threw a speculator. Chastisement is deserved tho.

It was for common assault/malicious damage 6 years ago. A whopping 16 hours community service was the punishment.
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common assault?

good luck with that.

edit : your punishment is relevant, but what is more relevant on assault charges is :

(1) What is the maximum punishment for that crime
(2) Did you use a weapon
(3) Was your assault charge related to another offence
(4) Was there moral turpitude or drugs involved
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Hmmm, thanks mang. So much trepidation.
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My first memory of getting to the USA was walking out of the plane at JFK airport and some intense police/security dudes checking everyones passport, presumably looking for a criminal onboard. They don't muck around in the US, I was uneasy just being around them for that check.
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This just happened to be in the paper today. This is how humorless the Yanks are.

They'd written on twitter they were going to "destroy America" i.e. party hard in Gen Y speak, and they got chucked out after a night in prison.

http://www.smh.com.au/technology/tec...131-1qqsy.html
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I got arrested in the states a while back for petty theft and charlie possesion ( ridiculous nightclub incident)... went to court etc and got a 'no action' thing on my record (all be it a record with completely wrong spelling of my name etc, but they have my prints) keen to go back to see a friend and think I will be going the visa route, just to hopefully save any hassles
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you've pretty much got no chance of securing a visa im afraid, since 9/11 anyone with even the most petty of criminal records gets knocked back.

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Originally Posted by jarrardscott View Post

well, according to dictionary.com
chilli is hot pepper food etc.
chilly is cold temperature.

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Heading over in September & was arrested for 'vagrant behaviour' (being drunk in public) over 10 years ago. No conviction recorded or fine issued but as others have said they can be pretty full on with these sorts of things. From what i understand the issue comes down to crimes of moral turpitude & it is one of the first questions they ask you on the ESTA application.

"Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance; or have been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years or more; or have been a controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities?"
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They really don't care about crimes like drunk in public and the other major factor is how long ago they were committed. If they were recent the chances of being accepted are really low.

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Quote:

Originally Posted by moskate View Post

Heading over in September & was arrested for 'vagrant behaviour' (being drunk in public) over 10 years ago. No conviction recorded or fine issued but as others have said they can be pretty full on with these sorts of things. From what i understand the issue comes down to crimes of moral turpitude & it is one of the first questions they ask you on the ESTA application.

"Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance; or have been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years or more; or have been a controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities?"



Do they seriously think that someone 'seeking entry to engage in criminal or immoral activites' is going to tick yes to that?

Anyway, 2 ways to approach it. 1 is to go for gold on the ESTA, choose no for everything, and hope they don't check you out too closely. Risk of this is if they find out you've withheld something there is no chance that you will ever set foot in the USA.

Option 2 is to fess up, disclose everything and apply for a VISA. Chance you'll get knocked back, but at least if you get the all clear you have nothing to worry about (unless you luck out and get an extra enthusiastic immigration officer when you enter the country).
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Quote:

Originally Posted by Villephant View Post

DUI ... is the american term, it is BAC here... also it is not a criminal offence, it is a driving offence...

nah, it's a criminal offense-albeit a somewhat "socially acceptable" one
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Travelling to the US with a criminal record is, at the least, an almighty pain in the arse. The simple fact of needing a visa adds $$$ and a lot of fucking around.

Quote:

Originally Posted by dbb618 View Post

(1) What is the maximum punishment for that crime

This is a big one. They look at the worst case scenario, not the actual punishment you received.

Quote:

Originally Posted by Mr Krust View Post

I got arrested in the states a while back for petty theft and charlie possesion ( ridiculous nightclub incident)...

Immigration are ridiculously harsh on drug offences. The only easy-ish one is possession of weed in a small amount. I think anything involving class A automatically involves a waiver of inadmissibility, which means $$$$$$$$$$$$$$$$.

Quote:

Originally Posted by moskate View Post

Heading over in September & was arrested for 'vagrant behaviour' (being drunk in public) over 10 years ago.

Here's some info about crimes involving moral turpitude. As far as I am aware, drunk in public is generally not considered to be a CIMT, so you can (and should) tick 'no' on the ESTA.


Quote:

Originally Posted by Dj Whisper View Post

Do they seriously think that someone 'seeking entry to engage in criminal or immoral activites' is going to tick yes to that?

Of course not. They put it on there so if someone gets caught, at the very least they can chuck them out for immigration fraud even if criminal charges won't stick.

Just for some background on US attitudes: this is the country that had Prohibition. Despite what actually happens here everyday, it is fucking uptight about booze and drugs. Since immigration is not held up to the standards of criminal law regarding fair trial, beyond reasonable doubt, etc., they can basically be as picky as they like. And they get fucking picky about things involving drugs and alcohol. They have been known to refuse people on the grounds of alcoholism following a single drink driving offense, if you aren't deemed to be sufficiently 'in remission' at the medical.

They also get shirty about thinking you're going to work as a visitor, or stay beyond your 90 days, or get married, or do anything else they would rather not deal with... There is a lot of computer says no when it comes to getting into the US.
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Quote:

Originally Posted by gonefishin View Post

nah, it's a criminal offense-albeit a somewhat "socially acceptable" one

no, it's not. it's a court convicted driving offence.
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Quote:

Originally Posted by Gussigan View Post

no, it's not. it's a court convicted driving offence.

mate you get arrested maybe also cuffed and a criminal record-how is it not a criminal offense?
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Quote:

Originally Posted by gonefishin View Post

mate you get arrested maybe also cuffed and a criminal record-how is it not a criminal offense?

driving under the influence is a traffic offence. if you run someone over whilst drink driving then you're also guilty of a criminal offence.

but if you're pulled over and given a breath test, then it's a traffic offence and you are sentenced in traffic court.

Quote:

Originally Posted by jarrardscott View Post

well, according to dictionary.com
chilli is hot pepper food etc.
chilly is cold temperature.

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^ I'm not sure what the case is in QLD, but that's not true in NSW.

DUI is a criminal offence.

also, for Canada they ignore anything under 0.08, but if you have been done mid-range your chances of getting a work visa are reduced.

Quote:

Originally Posted by Tristan View Post

well done sofu, perhaps your most offensive post yet!

Last edited by Bracko: 13-Feb-12 at 05:22pm

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The dispute above was in relation to the social acceptance of DUI, not the legal classification of it. Try reading it differently.
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Quote:

Originally Posted by rancho View Post

you've pretty much got no chance of securing a visa im afraid, since 9/11 anyone with even the most petty of criminal records gets knocked back.

Yes a lot do, but just as many get visas. It's a long and involved process which can be extremely frustrating at times. Once you get your visa that is the easy part. it's the being whisked away at every airport to be interviewed by a bunch of overzealous customs officers who think you've just murdered their wife. its fucked.
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Quote:

Originally Posted by rancho View Post

driving under the influence is a traffic offence. if you run someone over whilst drink driving then you're also guilty of a criminal offence.

but if you're pulled over and given a breath test, then it's a traffic offence and you are sentenced in traffic court.

If were to do yourself a quick google you would see that it is in fact a criminal offense. Do you rember that advertising campaign "drink driving-it's a crime"?
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