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Entry to USA

  • 29-06-2013 11:50pm
    #1
    Registered Users, Registered Users 2 Posts: 59 ✭✭


    I am thinking of going to US next year, but I have 3 convictions the last being 12 years ago.I never served any time in prison but did receive a 3 year suspended sentence for theft. Since then I have turned my life around and have not as much as had a parking ticket. What would be the chance of going for two weeks with my family for my brothers wedding. I will be declaring my convictions and be truthful. If I am refused boarding can I be reimbursed for my flight or do I lose it. Thanks in advance.


Comments

  • Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    spacetrap wrote: »
    I am thinking of going to US next year, but I have 3 convictions the last being 12 years ago.I never served any time in prison but did receive a 3 year suspended sentence for theft. Since then I have turned my life around and have not as much as had a parking ticket. What would be the chance of going for two weeks with my family for my brothers wedding. I will be declaring my convictions and be truthful. If I am refused boarding can I be reimbursed for my flight or do I lose it. Thanks in advance.

    Are you intending applying for a VISA if so and you declare everything and are granted a visa then the chance of been refused landing are slim. I doubt you will be refunded any expenses.


  • Registered Users, Registered Users 2 Posts: 59 ✭✭spacetrap


    Yes I will be applying for the visa but am worried about the preclearance at Shannon. Could they stop me there.


  • Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    spacetrap wrote: »
    Yes I will be applying for the visa but am worried about the preclearance at Shannon. Could they stop me there.

    "A visa allows a foreign citizen coming from abroad, to travel to the United States port of entry and request permission to enter the U.S. Applicants should be aware that a visa does not guarantee entry into the United States. The Department of Homeland Security, U.S. Customs and Border Protection (CBP) officials have authority to permit or deny admission to the United States. If you are allowed to enter the U.S., the CBP official will determine the length of your visit."

    From http://www.travel.state.gov/visa/temp/types/types_1262.html


  • Registered Users, Registered Users 2 Posts: 278 ✭✭VeeEmmy


    I'm a US/Irish citizen with an Irish boyfriend. A while back, they instituted this new "ESTA" thing. You can find out well ahead of time if you will not be permitted to enter the US. It has been a while since we last went to the US, but I don't recall his having any extra examination w/ immigration because he had the ESTA clearance taken care of. I don't think he even needed a print-out of the authorisation.

    "International travelers who are seeking to travel to the United States under the Visa Waiver Program (VWP) are now subject to enhanced security requirements and will be required to pay an administrative fee. All eligible travelers who wish to travel to the U.S. under the Visa Waiver Program must apply for authorization and then pay the fee using the following process: . . ."
    Website: https://esta.cbp.dhs.gov/esta/

    If you're an Irish citizen, you qualify for the Visa Waiver Program. If your past problems will require you to obtain a visa, I'm pretty sure you will find out when you submit the ESTA application.

    Here is what they ask about convictions in the process with an explanation from the website:
    B) Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance; or been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years or more; or been a controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities?

    Description:
    Crimes involving moral turpitude - Such offenses generally involve conduct which is inherently base, vile, or depraved and contrary to the accepted rules of morality and the duties owed to persons or society in general. There are factors, such as the age of the offender or the date of the offense, that may affect whether an offense will be considered a crime involving moral turpitude for purposes of the Immigration and Nationality Act.
    For further information refer to § 212(a)(2) of the Immigration and Nationality Act, 8 U.S.C. § 1182(a)(2), § 101(a)(43) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(43) and corresponding regulations in the Code of Federal Regulations."

    You can apply up to two years before you intend to travel to the US as the authorisation is valid for two years or until your passport expiry date, whichever comes first.

    The ESTA site will tell you pretty much anything you need to know. If in doubt, it might help to contact the US Embassy. I stress "might." They are über-picky about how/when you contact them, so good luck. It is very expensive to ring for information about entry to the US. I suggest emailing them!
    They infuriate me...

    Best of luck. I hope your past will not be a problem.


  • Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    I'm a US/Irish citizen with an Irish boyfriend. A while back, they instituted this new "ESTA" thing. You can find out well ahead of time if you will not be permitted to enter the US. It has been a while since we last went to the US, but I don't recall his having any extra examination w/ immigration because he had the ESTA clearance taken care of. I don't think he even needed a print-out of the authorisation.

    "International travelers who are seeking to travel to the United States under the Visa Waiver Program (VWP) are now subject to enhanced security requirements and will be required to pay an administrative fee. All eligible travelers who wish to travel to the U.S. under the Visa Waiver Program must apply for authorization and then pay the fee using the following process: . . ."
    Website: https://esta.cbp.dhs.gov/esta/

    If you're an Irish citizen, you qualify for the Visa Waiver Program. If your past problems will require you to obtain a visa, I'm pretty sure you will find out when you submit the ESTA application.

    Here is what they ask about convictions in the process with an explanation from the website:
    B) Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance; or been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years or more; or been a controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities?

    Description:
    Crimes involving moral turpitude - Such offenses generally involve conduct which is inherently base, vile, or depraved and contrary to the accepted rules of morality and the duties owed to persons or society in general. There are factors, such as the age of the offender or the date of the offense, that may affect whether an offense will be considered a crime involving moral turpitude for purposes of the Immigration and Nationality Act.
    For further information refer to § 212(a)(2) of the Immigration and Nationality Act, 8 U.S.C. § 1182(a)(2), § 101(a)(43) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(43) and corresponding regulations in the Code of Federal Regulations."

    You can apply up to two years before you intend to travel to the US as the authorisation is valid for two years or until your passport expiry date, whichever comes first.

    The ESTA site will tell you pretty much anything you need to know. If in doubt, it might help to contact the US Embassy. I stress "might." They are über-picky about how/when you contact them, so good luck. It is very expensive to ring for information about entry to the US. I suggest emailing them!
    They infuriate me...

    Best of luck. I hope your past will not be a problem.


    It is normally best to go straight to VISA application if one has previous convictions hence why I asked was the person applying for a VISA in the above post. ESTA will more than likely be a refusal and also carries a higher risk of refusal at entry than a VISA. But neither guarantee entry at the border.

    "I HAVE BEEN ARRESTED AND OR CONVICTED; CAN I REGISTER UNDER ESTA?

    Only those qualified to travel under the Visa Waiver Program are eligible to register. As you have been arrested and or convicted, you require a visa in order to travel. The Rehabilitation of Offenders Act does not apply to U.S law. Please note that minor traffic offenses such as speeding, which did not result in an arrest or conviction, will not prevent a traveler from traveling under the VWP and therefore, will not prevent you from applying to register under ESTA"

    http://london.usembassy.gov/mobile//cons_new/faqs/faq_esta.html#niv129


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  • Registered Users, Registered Users 2 Posts: 278 ✭✭VeeEmmy


    Apologies for posting incorrect information, spacetrap. Wishing you good luck.


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