Quisk US customs/Irish criminal records question

chamlis

I'm posting this here cos it's urgent and It'll get more coverage. If it only lasts the morning it's ok.

Here's the deal:
I got a call at 7 this morning from a friend who's leaving to go to America for a month as part of his job.
All well and good, but the call was a panicked him asking my advice.
It seems they are giving out forms now asking questions (maybe they always were) about you and who you are etc.
Turns out he got arrested a few years ago for posession of canabis. Got a criminal record, but the judge could see that it was only for personal and otherwise he's an upstanding citizen. The kind of result you'd hope you'd get for being caught doing something stupid and learned your lesson, etc.

Anyway, this form asks if you have a criminal record. He panicked and said no. I guess he just figured that with all the stupid American OTT customs lark lately they wouldn't let him on the plane! Never underestimate the stupidity of a panicked state, I say. :rolleyes:

He asked me to see what I could find out online, but I'm coming up with a loss as regards the US embasy website. I gave him the number, but I think he's already on the plane now. I said I'd post on Boards anyway, see what people think, though if anything is going to happen then the ball is already rolling and we won't know till he gets through to the States.

I guess what I'm asking is, what is the deal with US customs and checking out Irish criminal records? Can they? More importantly, Do They bother?

And if they do, what's the worst that can happen?

Hobbes

In light of security at airports. Yes they probably would check. Best to be truthful on the form but at the same time don't give too much information (just what they ask for).

robinph

Most of the questions on the forms they get you to fill out are asking if you were a member of the Nazi party during the war if it's still the same one that I remember. If he's on the plane though then they have already let him in the country as immigration for the US happens on boarding from Irish airports so on landing you are already cleared.

\m/_(>_<)_\m/

chamlis wrote:

Turns out he got arrested a few years ago for posession of canabis. Got a criminal record, but the judge could see that it was only for personal and otherwise he's an upstanding citizen.

doesnt matter a fcuk what the judge could see... he has got a criminal record and he lied on an official form... he is not making it easier for himself.

Can they? yes they can.

Do They bother? sometimes they do.

And if they do, what's the worst that can happen? normally over something small like a traffic offence or mr meaner i would say nothing.
but possession of drugs is quite serious and then lying about it...
IMO i would say immediate deportation

robinph

\m/_(>_<)_\m/ wrote:

IMO i would say immediate deportation

But it's only an issue if you were to get arrested for something else whilst over there which would then cause them to do a full check on you. They don't have the ability to do those kind of checks at the airports and all that would show up on their systems is if you already had reason to be on the US records, they don't have access to the Irish criminal records at that point.

humbert

robinph wrote:

But it's only an issue if you were to get arrested for something else whilst over there which would then cause them to do a full check on you. They don't have the ability to do those kind of checks at the airports and all that would show up on their systems is if you already had reason to be on the US records, they don't have access to the Irish criminal records at that point.

yup, I'd say as long as he doesn't do anything stupid while he's over there he'll be ok, he's only gone for a month. Tbh I'd say I'd have done the same, I've heard some ridiculous stories about what people have been denied entry to the US for!

chamlis

humbert wrote:

yup, I'd say as long as he doesn't do anything stupid while he's over there he'll be ok, he's only gone for a month. Tbh I'd say I'd have done the same, I've heard some ridiculous stories about what people have been denied entry to the US for!

Well that's exactly why he panicked.
I mean, I got searched going to Stansted. Completely unrelated, but all I had was carry-on luggage. So of course, my razor and a scissors I had were in my overnight bag.
Of course the ****ers confiscated everything. I mean, that was an good expensive scissors, man! Hairdresser-grade! Tungsten edges fcs! No come back.
Off topic, but whenever it comes to customs and airports I have to rant

irishbigfoot

Friend should be ok- it does depend on how he was flying to the US though. If he was flying direct from Dublin/Shannon then he would more than likely have to pass through Immigration here before bording the plane. If there were any problems they wouldnt have let him get on the plane. If he flew somewhere else first where then to the US he would have to go through Immigration there. Customs could care less about his status so all long as he gets through Immigration.

chamlis

Ok. I'll send him a text not to worry then. The worst is over.
As long as he keeps his nose clean it should stay that way.

Sound good?

Miguel_Sanchez

When he's over there he needs to be on his best behaviour. If they have any reason to check up on him they'll see he does have a criminal record and can ship him straight back home because he lied on his form.

chamlis

Alright I just realised he probably won't get the text when he's over there. I'll have to email him. ****it what was his address again.
"Don't do it buddy!! If only you'd gotten my email!"

Ruu_Old

He won't get any second chances so make sure he doesn't mess things up. People say its easier if you fly direct to the US instead of having to go through border protection on the US side, some people find it more intimidating.

ScumLord

I looked this up a while ago I think you have to have a clean record for five years to get a visa but we don't need those do we?

I have a criminal record aswell for possession with intent to sell. I think the yanks are really only worried about terrorists and people not going home.

I'm not sure if I can go to the states I guess the best thing to do is contact the embassy but then I they might definitely put me on a list.

breadmonkey

OT rant/

I can't believe he got a criminal record for possession of enough cannabis for "personal use". What a fcuking joke.

chamlis

breadmonkey wrote:

OT rant/

I can't believe he got a criminal record for possession of enough cannabis for "personal use". What a fcuking joke.

It was something like a one month suspended sentence. The Guard basically stood up for him as it was a joke. Just doing my job, etc.

BuffyBot

I looked this up a while ago I think you have to have a clean record for five years to get a visa but we don't need those do we?

You don't need a visa if you have no record, if you have a record you are meant to apply for a visa

mathias

Every non US national that goes to the states needs a visa , it just so happens that for certain countries like us , you get a 60 ( or is it 90 ? ) day stamp on your passport on filling out a short form , but its still a visa of sorts , regardless.

To the OP , one thing that is absolutely guaranteed , if he had put on that form that he had a conviction for drugs , he would never have got on that plane , in fact , if you answer any of those questions in the negative , you dont get on the plane ........so he did the right thing !!

Ruu_Old

Yep its 90 days with the visa waiver program otherwise you'll have to get a visa to stay any longer, otherwise you'll be down as an overstayer.

Benedict XVI

mathias wrote:

To the OP , one thing that is absolutely guaranteed , if he had put on that form that he had a conviction for drugs , he would never have got on that plane , in fact , if you answer any of those questions in the negative , you dont get on the plane ........so he did the right thing !!

Seeing as he has lied on the visa waiver form he has committed 'visa fraud', if immigration found out he was lying he would be banned from the US for 10 years, no questions asked.

paul_delaney

\m/_(>_<)_\m/ wrote: »

And if they do, what's the worst that can happen? normally over something small like a traffic offence or mr meaner i would say nothing.
but possession of drugs is quite serious and then lying about it...
IMO i would say immediate deportation

Please pay no attention to this mornonic reply, as you may have noticed he spelt misdemeanor as MR MEANOR ha ha fecking hilarious

mikedragon32

And it only took you 3 years, 11 months to spot it. Good for you.