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Old 10-15-2011, 08:08 PM   #1
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Default Visiting America and their border controls..

Having a bit of a discussion at the gym this afternoon and I thought I'd mention it on here. I know there are some well traveled people on here and it would be interesting to hear your opinions and thoughts.

Right... one of the boys wants to go to America on holiday. He has a spent conviction for a drug possession charge.

For non UK board members that means that after five years in the UK. His conviction is wiped clean and he can say he has no criminal record when applying for jobs etc. (Unless working with children and some other circumstances.) This does not apply to America however where no 'spent' conviction system is in place. So he can't get the normal ESTA visa from the UK, legally.... Anyway he has two options -

1. Wing it and just turn up with the ESTA

2. Apply for some special visa, that involves an interview in London or Belfast, copies of court papers and surrendering his passport to the US Embassy while they ponder it. If unsuccessful in this process he is then banned for life for America.


Option 2 would be the sensible route to go down but somewhat expensive and inconvenient for our man. Hence the temptation to 'wing it'.

None of us have been to America for some time. How mental has it got since 9/11 to get into America ?

Do you think Officer Cheeseburger in some airport will have access to UK criminal records when he swipes a passport ?
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Old 10-15-2011, 08:16 PM   #2
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What would happen if he used a land crossing from Canada?
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Old 10-16-2011, 12:12 PM   #3
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What would happen if he used a land crossing from Canada?
Can`t do that anymore. I have an Irish cousin who was illegal in San Francisco. About 15 years ago. He got lifted and deported. He flew straight back to Toronto and walked over the Rainbow bridge at Niagara Falls in amongst a group of tourists. 9/11 changed all that.
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Old 10-15-2011, 08:22 PM   #4
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Interesting suggestion Fork Handles. I'd guess if he was refused entry he could return to Canada.

His dilemma is flying into America. If there is a problem at the airport he has two options - 1. Buy a ticket for the next flight back (mega bucks) or 2. Wait in custody until his return flight date.

Good idea. None of us had thought of that one.
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Old 10-15-2011, 08:24 PM   #5
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What's the point in going on holiday if it causes so much hassle ? Why not go to Australia ? A criminal record is a must in your passport there
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Old 10-15-2011, 08:25 PM   #6
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I'm sure spent convictions only come into play when applying for a working visa , he needs to check with US visa website

Put it this way I have more than 1 conviction and I never had a problem on 8 visits to the USA
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Old 10-15-2011, 08:33 PM   #7
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I'm sure spent convictions only come into play when applying for a working visa , he needs to check with US visa website

Put it this way I have more than 1 conviction and I never had a problem on 8 visits to the USA
Drug offences are I believe mentioned on the US visa website, I'll check later. But thanks, that's good to know you've never had a problem.

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Old 10-16-2011, 08:15 AM   #8
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I'm sure spent convictions only come into play when applying for a working visa , he needs to check with US visa website

Put it this way I have more than 1 conviction and I never had a problem on 8 visits to the USA
Dont think nicking hub caps is on the statute prohibiting entry Reg.
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Old 10-15-2011, 08:30 PM   #9
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R, it's not his choice, just family pressure to go there. He's in a bit of an awkward position. None of us know the craic with visiting the States these days. Just wondering what people here thought best to do.
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Old 10-15-2011, 09:26 PM   #10
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BTW none of mine were for drugs
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