Quizzes & Puzzles1 min ago
Entry into USA with criminal records
10 Answers
Help, I require some advice. I am aiming to travel to USA, Vegas this year with friends, one friend has a previous conviction for drugs, which he served time for over 8 years ago, would he be allowed access to the US?
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lol not an answer just a funny :)
at a previous job all the clients were talking about who could get into canada to get Khat out. one big bruiser of a guy piped up that he had tried to get into usa but couldnt because of drug conviction....he was so upset... i said he shouldnt be thinking about bring in Khat anyway he was doing so well in rehab....he say "yeah, i wouldnt bring in Khat! i just wish i could meet mickey mouse!" pmsl true story i swear xxxx:)
at a previous job all the clients were talking about who could get into canada to get Khat out. one big bruiser of a guy piped up that he had tried to get into usa but couldnt because of drug conviction....he was so upset... i said he shouldnt be thinking about bring in Khat anyway he was doing so well in rehab....he say "yeah, i wouldnt bring in Khat! i just wish i could meet mickey mouse!" pmsl true story i swear xxxx:)
(2-part post):
I've answered similar questions over 300 times here on AB, so I post this with a sense of deja vu!
According to the rules on the website of the US embassy, anyone who's ever been arrested (even if totally innocent) is ineligible to enter the USA under the Visa Waiver Program. A visa application is required.
It would take your friend up to 40 days to get hold of a copy of his 'police record' (which is part of the application process). Additionally there are usually long waits (of up to two months) to get an appointment for the compulsory interview at the US embassy. The embassy would then (because of the nature of his offence) refuse him a visa but, unless he withdrew his application, they'd refer the matter to Washington to see if the bar to entry could be lifted. That takes several months. The longest wait I've seen reported on AB, for a reply to a visa application was 10 months. (The visa was then refused).
So your friend almost certainly can't enter the USA (legally) throughout most of 2009, simply because he won't hear the result of his visa application in time. In practice, a visa application is probably pointless anyway because it will almost certainly result in refusal. (There's been a post, here on AB, from someone who was refused a visa because of two convictions for driving with no insurance. It's likely that the US authorities would regard a drugs conviction, leading to imprisonment, far more seriously).
I've answered similar questions over 300 times here on AB, so I post this with a sense of deja vu!
According to the rules on the website of the US embassy, anyone who's ever been arrested (even if totally innocent) is ineligible to enter the USA under the Visa Waiver Program. A visa application is required.
It would take your friend up to 40 days to get hold of a copy of his 'police record' (which is part of the application process). Additionally there are usually long waits (of up to two months) to get an appointment for the compulsory interview at the US embassy. The embassy would then (because of the nature of his offence) refuse him a visa but, unless he withdrew his application, they'd refer the matter to Washington to see if the bar to entry could be lifted. That takes several months. The longest wait I've seen reported on AB, for a reply to a visa application was 10 months. (The visa was then refused).
So your friend almost certainly can't enter the USA (legally) throughout most of 2009, simply because he won't hear the result of his visa application in time. In practice, a visa application is probably pointless anyway because it will almost certainly result in refusal. (There's been a post, here on AB, from someone who was refused a visa because of two convictions for driving with no insurance. It's likely that the US authorities would regard a drugs conviction, leading to imprisonment, far more seriously).
Your friend might get in by lying on the ESTA form but he'd be taking a big risk. The US authorities don't have direct access to UK criminal records but a great deal of information is passed on in the name of 'international security'. (For obvious reasons, the public aren't told exactly what is passed on).
If your friend tried to enter illegally, and was found out, he'd receive some very unpleasant treatment from immigration staff (probably involving an intimate body search) before being put on the first flight home. The airline would be fined for taking him to the USA without the relevant documentation. The airline would then seek compensation from him, involving court action if necessary, for the cost of the flight and the fine. The total amount would probably be at least �5,000 (and possibly closer to �10,000).
For more, start with my post here and follow the link:
http://www.theanswerbank.co.uk/Law/Criminal/Qu estion711202.html
Chris
If your friend tried to enter illegally, and was found out, he'd receive some very unpleasant treatment from immigration staff (probably involving an intimate body search) before being put on the first flight home. The airline would be fined for taking him to the USA without the relevant documentation. The airline would then seek compensation from him, involving court action if necessary, for the cost of the flight and the fine. The total amount would probably be at least �5,000 (and possibly closer to �10,000).
For more, start with my post here and follow the link:
http://www.theanswerbank.co.uk/Law/Criminal/Qu estion711202.html
Chris
Drug crimes are NOT looked at sympathetically by the US. There is also NOT enough info that you have posted regarding type of drugs, quantity (<>30 grams), what crime he was convicted of, sentence served to even remotely offer an answer.
(2) Criminal and related grounds.-
(A) Conviction of certain crimes.-
(i) In general.-Except as provided in clause (ii), any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of-
(I) a crime involving moral turpitude (other than a purely political offense or an attempt or conspiracy to commit such a crime), or
(II) a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), is inadmissible.
(ii) Exception.-Clause (i)(I) shall not apply to an alien who committed only one crime if-
(I) the crime was committed when the alien was under 18 years of age, and the crime was committed (and the alien released from any confinement to a prison or correctional institution imposed for the crime) more than 5 years before the date of application for a visa or other documentation and the date of application for admission to the United States, or
(II) the maximum penalty possible for the crime of which the alien was convicted (or which the alien admits having committed or of which the acts that the alien admits having committed constituted the essential elements) did not exceed imprisonment for one year and, if the alien was convicted of such crime, the alien was not sentenced to a term of imprisonment in excess of 6 months (regardless of the extent to which the sentence was ultimately executed).
(B) Multiple criminal convictions.-,,,,,
(2) Criminal and related grounds.-
(A) Conviction of certain crimes.-
(i) In general.-Except as provided in clause (ii), any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of-
(I) a crime involving moral turpitude (other than a purely political offense or an attempt or conspiracy to commit such a crime), or
(II) a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), is inadmissible.
(ii) Exception.-Clause (i)(I) shall not apply to an alien who committed only one crime if-
(I) the crime was committed when the alien was under 18 years of age, and the crime was committed (and the alien released from any confinement to a prison or correctional institution imposed for the crime) more than 5 years before the date of application for a visa or other documentation and the date of application for admission to the United States, or
(II) the maximum penalty possible for the crime of which the alien was convicted (or which the alien admits having committed or of which the acts that the alien admits having committed constituted the essential elements) did not exceed imprisonment for one year and, if the alien was convicted of such crime, the alien was not sentenced to a term of imprisonment in excess of 6 months (regardless of the extent to which the sentence was ultimately executed).
(B) Multiple criminal convictions.-,,,,,
"According to the rules on the website of the US embassy, anyone who's ever been arrested (even if totally innocent) is ineligible to enter the USA under the Visa Waiver Program. A visa application is required."
This is also one of the most stupidist answers going. You need to look at the wording on the VWP to see why.
A lot of what this person say is totally wrong.
This is also one of the most stupidist answers going. You need to look at the wording on the VWP to see why.
A lot of what this person say is totally wrong.
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