Entering the US on a business trip with a criminal record

LegacyUser

Hey - I was convicted of a drug related offence around 5 years ago. I have no intention of ever living in the US so that's not a problem but my company wants to send me on a week long trip there. Naturally enough my company doesn't know about my past, which leaves me fretting over the possibility of not being allowed into the country.

So, has anyone here who has a criminal record (or anyone who knows someone) been to the US on holiday/business? Had any difficulty? I'm having trouble finding info online for just a short trip - it seems to detail a full visa, but again I'm in no way interested in that.

Cheers.

Jivin Turkey

A lad I know entered the US with a public order conviction on a holiday visa and was fine. He stayed for three weeks.

My opinion of that matter is that they cant possibly vet every single person that crosses the border, if you are only going for a few days on business you *should* be fine. That said thats only my opinion.

You have to make a declaration going through immigration if you have ever been convicted of a criminal offence. Its up to you what box you tick.

Victor

I'm not sure if the ban is absolute. You do have to admit it to them, but they have the discretion to allow you in if you don't pose a risk.

Talk to an American immigration lawyer.

iguana

Or perhaps you could contact the US embassey and talk to someone there. Although I would consider not telling them exactly who you are if you decided to do that.

Laguna

**** it mate, i'd say nothing you'll get through i reckon, these lads at american immigration are only lookiing for chaps wearing towels on their heads and screaming infidel!

amazingemmet

If you travel on the visa waiver scheme you'll be able to get in but if you need a visa they do a crb check on you and probably won't let you in

Khannie

A relation of mine had a drink related offence (drunk and disorderly or equivalent). He was stopped by the immigration people in Dublin. He explained that it happened when he was young and foolish and there was no problem after that.

LegacyUser

Has anyone swung a visa in recent years - with a prior record - and without declaring it?

4Xcut

Any normal,safe country like russia or columbia i'd say go for it but America is a bad idea. Ring the embassy but don't give your name.

LegacyUser

Thanks for the responses. Again it's solely a business trip so I won't be needing any visa's, though admittedly I'd like to be able to use my relatives skiing facilities in Flagstaff at some stage in the future!

Think I'll give the embassy a call though.

Victor

Just remember if the catch you out, you are likely to spend jail time and then be barred.

newgrange

I agree with Victor, the US post-'9/11' is a paranoid place. If they even suspect you have withheld information or lied to them they will take it very seriously.

Ring the embassy and ask them.

RicardoSmith

Is it worth the risk? You could be in a (not very nice) clinker for a few months. Has happened to people who just outstay their visa.

the_syco

4Xcut wrote:

Ring the embassy but don't give your name.

I second this. Also, ring from a payphone.

=-=

Also, if you don't declare it, and you're caught near anything dodgy, you may be seen as someone who came over for the wrong type of business.

LegacyUser

DO declare it. be absolutely honest. if you're caught out you will most likely be thrown in jail and raped (no joke) as you are a foreigner. its just not worth the risk.

StandnDeliver

immigration to the u.s is in dublin airport if your flying from there so you wont get all the way to another country and have to come back.

unkel

StandnDeliver wrote:

immigration to the u.s is in dublin airport if your flying from there so you wont get all the way to another country and have to come back.

Very good point. Are you flying direct from Dublin, OP?

I also agree to make an anonymous call to the Embassy

LegacyUser

This has got me all freaked out now. I didn't think about the consequences of not admitting it. My boss also asked me today if I would be free in August to go, and I can't say no. I'll either need to agree and fake a reason for not being able to go like forgetting a passport or something as lame as that (though I can't really do that indefinitely) or tell my boss, who's cool, but not that cool!

I will be flying directly from Dublin.

LegacyUser

I just checked out the visa waiver program - not sure if I need to go this route if I'm travelling for a week, but one of the no-no's was having a criminal record. Now I'd imagine that if I can't apply for this that I'll just plain out be refused entry to the country. This is bad bad bad!!

Doesn't leave me many options either. Can someone who has travelled to the States recently describe what they went through, in terms of checks and that kind of thing, and if they applied for this visa waiver thing? Thanks.

iguana

If you don't feel confident about getting in perhaps you could give your boss a different reason for you being unable to attend. Tell him you have a family problem, or a deathly fear of flying. He doesn't have to know that it is because of a criminal record.

Sorry, no-one seems to have good news for you. You could still try phoning the embassey.

nesf

A drug related offense...

If it was possession, and was 5 years ago, just tell your boss and say you were "a bit mad in your youth and did something stupid". If you aren't doing them now then there shouldn't be a problem.

If it was dealing, or possession with intent etc then it's a different kettle of fish.

LegacyUser

Unfortunately it was dealing. I could go on about how I was just the wrong guy in the wrong place but you don't get a comments or pity section when filling in a form about this kind of thing - you're either a dealer or not. I never did time as the judge realised that I wasn't a real dealer - the arresting officer even said this to the judge - all he wanted was a conviction.

So I've had no disruption to my employment, though I've had this crap over my head for the last few years and it looks as if I'm going to have to face up to it for the first time.

I'm gonna be having quite a few restless nights over the next month or so.

LegacyUser

Sorry, possession with intent was the actual crime. Not sure if there's a difference.

LegacyUser

why don't you tell us exactly what the offense was. if it was just selling a bit of weed to your mates then i think everyone here would agree tour boss probably would be ok. he might have even one it himself.

*Page*

Listen just tell your boss the truth. theres nothing you can do about your past except make sure you dont fu£k up again!

best luck!

but just to let you know, my friend who was convicted wrongly when he was 20(he's 53 now and it was in the uk) served 18 months and was released but never pardoned because he with held something very silly from the court.He can never enter the usa. His time was over something a lot more serious but still he's never able to go to the states

drunkenfool

One of my mates has been to court several times, think hes been giving a criminal record for a public order related offence, he had no problem getting a working visa. To be honest I dont think its all that big a deal.
Last summer got a 3 month holiday visa and I dont recall any questions on the form about a criminal record.
If all doesnt work out, you can always fly to mexico and cross the border there, if you dont look mexican its easy peasy!!

drunkenfool

Sorry meant to add this as well. Although I remember hearing stories about Ireland supporters going to USA 94 being not let in to the country due to small personal use(cannabis) possession. Could have been just stories though...

robinph

I was worried about similar issues when I went to Washington a couple of years ago, but after 9/11 and for different offences on my part, but had no issues at the immigration. If you don't get let in though they will decide that in Dublin and just won't let you on the plane. They are not going to deny you entry, then stick you on a plane to put you in a US jail.

I seem to remember that the form that you have to fill in at Dublin/ Shannon only actually had boxes on it for declaring if you were a member of the Nazi party during the war, there was probably another box I had to tick as well but there were more questions about the Nazi party than anything else.

Victor

Business trip wrote:

Sorry, possession with intent was the actual crime. Not sure if there's a difference.

Possession of more than X amount (the amount you could reasonably use yourself) of a scheduled drug, is considered possession with intent to supply.

LegacyUser

I'm thinking about telling my boss. Regardless of what I was dealing, be it hash, grass, pills, or something as scummy as heroin, there's no definition afforded the title - as I said above you either dealt or didn't, and in my case, even though I have never dealt drugs in my life, I'm now labeled as one and open to the same critisism and hatred as someone who sold dodgy crack to a 15 year old.

Robinph - did you apply for a visa beforehand or did you just fill these forms in at the airport? Did you have to admit to any offences on the form? Just as well I'm not a member of the Nazi party. A Nazi dealer - I think they'd bring me to the US just to throw me in jail

LegacyUser

OK Business Trip Guest, here's what I've learned over the years.

I lived over in the US for several years, working for a huge multi-national corporation, and have been through the Immigration desks in Dublin/Shannon/New York/Boston, both on work visas & visa waivers more times than I care to remember.

If you're flying direct from Ireland, you will encounter Immigration either at Dublin or Shannon; most likely Shannon. You will be asked to disembark the plane in Shannon and hang around the bar/duty free area for an hour or so. Then the Dublin passengers and any additional passengers who are joining at Shannon will be called to board. Before you board you have to fill out two seperate forms; an Form I-94W and a Customs declaration form. The Customs one is straightforward, are you carrying any goods worth over $10,000 etc. whatever. I presume you are travelling on a visa waiver, as you previously mentioned you're going for a week. On this I-94W form you are asked to provide basic personal information, and also answer some yes/no questions. One of these is definitely a question relating to criminal convictions.

US Immigration wrote:

Some travelers are not eligible by law to enter the U.S. using the Visa Waiver Program. These include people with certain serious communicable illnesses, criminal record/s, previous exclusion or deportation from the U.S. and those who have previously violated their status using the Visa Waiver Program.

You also have to sign at the end of ths form, thus stating that you accept that all this information is true etc. You will then be called to the officer's desk, when they will ask you some questions about the nature of your trip, generally sussing you out. They will also take a fingerprint of your index fingers, and a mugshot of you. This is a standard practise that they do to all non-citizens, so don't sweat it. They'll have a bit of banter with you, and usually that's it. Now in your case it's going to be a little different, cause you've got some extra baggage and you're not sure whether you want to check it in or not. That's completely your shout. One thing is certain, you will not be arrested and detained by US authorities, you are not in the United States. Worst case is that you'll be refused entry on you 'previous' and blacklisted, i.e. you will never enter the US under any circumstances again.

A close friend has an almost identical situation to you; narc conviction roughly five years ago, US g/f, and has been over and back a few times on visa waivers (UK citizen btw), but the last time they brought it up and asked him if he'd ever been in any trouble with the law. They let him in, but he doubts he'll get in again in the same way, so he's currently enlisted the aid of a legal eagle as he wants to make the next visit a bit more permanent.

Bottom line is, it's the luck of the draw whether you make it. I would personally tell your boss, it happened a long time ago, and so far hasnt impaired your ability to do the job (until now), and I cant see them having agrounds to fire you because of something like this. If you didnt tell them, then they might have grounds.

Explore your options. Call the embassy. You have a month or so to suss it out.

These folks could be helpful as well:

www.eiic.org

0utshined

Maybe I'm being naive but how exactly are they going to check if you don't admit it?

I don't see the need to speak to your boss and possibly scupper your career. Maybe you can develop a sudden fear of flying or something?

LegacyUser

Thanks Bruachain, some good advice there, coming from experience (albeit through a friend) which is what I was looking for. I don't get how your mate got the visa waiver program though as one of the things I saw was the people with a record cannot apply for one. That's something I'll check with the embassey though.

I have a good rapport with my boss, who has admitted to smoking joints, and have been doing very well in the job so it might not be that bad. I'll check it out as much as I can first though as apart from this thing I'm amazingly happy with my job and I'd really hate to screw it up over something like this.

Victor

an Form I-94W

See http://www.airfares.co.uk/VisaHealth/US_Visa_Waiver_Scheme.asp

Drugs ("controlled substances") and serious crimes (of "moral turpitude" -
presumably murder, rape and other serious offences) are a one strike matter whereas you can have minor convictions or arrests.

robinph

Business trip wrote:

Robinph - did you apply for a visa beforehand or did you just fill these forms in at the airport? Did you have to admit to any offences on the form? Just as well I'm not a member of the Nazi party. A Nazi dealer - I think they'd bring me to the US just to throw me in jail

The visa waiver thing applies automatically if you have and Irish or UK passport, or whatever other countries passport that the US currently likes. You just then have to tick the boxes on the form at the airport which may then effect what the imigration person asks you before they let you on the plane. I did have a US visa on my old passport from years ago though as the visa waiver did not apply then if you travelled through a third country, Canada, in order to get to the US.

I think that officially you have to decalre to them if you have ever even been arrested, whatever it was for and if there were actually any charges brought or not so that they can then check you out. The finger printing and taking a picture of you is new since I last travelled though, but I doubt that it is linked in with any existing list of 'offenders'. That will just be similar to the extra security that I always had to go through between the UK and Ireland where a copper aksed you why you were going to Ireland and took a scan of your face and a sticker on the boarding card so that it could be checked again at the gate. They stopped doing that though just before xmas last year I think it was.

Jivin Turkey

What might also make a huge difference to what you do is whether this is a once off trip or likely to be a regular occurance over the next few months/years.

Coney Island

Tell your boss u fear airplanes, or that u got some kind of illness that does not allow you to go on high altitudes (is there one?)

LegacyUser

Unfortunately I've already been to Austria this year on a holiday so I can't use that excuse. I could possibly use it if I ended up telling my boss and he was ok with it. Still don't know. Gonna call the embassey next Monday.

Thanks to all for the helpful advice, after Wednesday nights panic attack I'm a little more composed and realistic about the whole situation.

dave_eire

I really wouldn't worry... unless you are of really nervous disposition and likely to go into a fit of panic and blurt out "arg, i'm a dealer!".

Just fill the form in and LIE and then your giggling...

The biggest pain in the ass about immigration is them quizing you about what you are going over for buisness wise.. NEVER use the work consulting... i know 2 people who were not allowed leave dublin after using the dreaded word. Just say you are going over for "buisness meetings".

Cheers,

D

newgrange

Getting past immigration is not the problem, obviously if you are so inclined you can lie about your past. The problem is if for any reason while you are over there someone runs your details through and discovers you lied on the form. I wouldn't like to be the one explaining to US police that I 'forgot' to tell them I had a drugs conviction.

Ring the embassy and arrange an appointment - you can still enter on a visa if you have a drugs conviction. You will have to apply for a visa, which may entail you getting a 'memorandum of conviction' from the court, so you need to get a move on, as the whole process can take weeks.

The US does not have any policy of 'spent convictions' so, even if it was fifty years ago, it still counts.