USA border controls?

connie147

A friend of mine is planning on going to the USA before Xmas. He spent 6 months in prison for theft about 4-5 years ago. Does a conviction like that mean he'll have problems getting into the states, or is it only a problem if the conviction is for drugs,etc.

PS-not sure if this is the proper forum, hopefully it is

Spike440

I can't say for sure but I would think that kind of conviction would count.

seamus

Any kind of arrest or criminal record is a problem.

He won't be eligible to get in under the Visa Waiver Program, but he may be able to go over if he applies for a visa at the embassy.

Is he going for work or a holiday?

Info here:
http://dublin.usembassy.gov

Paulw

He'll certainly have to apply directly to the US embassy for a visa, and, most likely, will be refused a visa. They are quite strict when it comes to those with criminal convictions.

krd

Paulw wrote: »

He'll certainly have to apply directly to the US embassy for a visa, and, most likely, will be refused a visa. They are quite strict when it comes to those with criminal convictions.

He may be able to gain entry under the visa waiver. If he lies on the entry form.

They generally never check. and they have no real way of checking.

I'm not sure if the authorities here can even legally give details to the US.

If he gets caught lying. he could spend a few months in jail in the US.

actually he may be completely fine -- look at section 'b' on the second side of the form -- it referreds to sentencing in aggregate of 5 years
http://www.immihelp.com/visas/i-94w.html

connie147

Its just a weeks holiday he's going for. He was never in trouble other than that one occassion. The following paragreaph is the important one I think and I quote from Visa arrival waiver form, 17b

"Have you ever been arrested or convicted for an offence or crime involving moral turpitude or a violation related to a controlled substance, or been arrested or convicted for 2 or more offences for which the aggregate sentence to confinement was 5 years seeking entry to engage in criminal or immorral activities?"

Now to me, reading the 2nd half of that paragraph, he should be fine as he was only arrested once and the sentence was for 6 months. But the 1st half of it makes no sense to me. What does moral turpitude mean anyway?
Appretiate any advice ye can give. I think he's scared that if he checks with the US Embassey and they refuse him then hes no chance.

Thanks.

seamus

The text of the embassy site and the text on that form at at odds, so he'll need to check with someone. Best to ring the embassy, not give them any personal details and just ask the question.

Lying would probably not be a great idea as it could end in jail time stateside.

Paulw

I would certainly not recommend putting false information on the Visa form. They take that very seriously, and you can spend time in a US jail for it, if caught. Not a nice thing if you're only going for a weeks holiday.

http://en.wikipedia.org/wiki/Moral_turpitude - to me, that would include theft.

By far his best approach would be to contact the US embassy, and simply be honest. I doubt they ask for name/address/details, but would be able to advise with general information.

Our man in Havana

I take it the US Border people have no link to Pulse? Or do they?

Manic Moran

Bond-007 wrote: »

I take it the US Border people have no link to Pulse? Or do they?

You never know what Interpol is up to. There's a phrase in the US Army when it comes to this sort of thing: Pretty much anything is waiverable. Except dishonesty.

NTM

Victor

Paulw wrote: »

By far his best approach would be to contact the US embassy, and simply be honest. I doubt they ask for name/address/details, but would be able to advise with general information.

Premium rate number - they will then have your phone number. :pac:

Our man in Havana

Phonebox or an unregistered mobile ftw. :pac: