I got denied by the U.S. Customs..Any help?

[whynot888]

Has anyone ever got denied at the U.S. customs because of a criminal record? I was denied yesterday because i had a previous criminal record dating back to 1997. I have travelled to the U.S on numerous occaisons at least 10 times, but this time i was sent to the secondary customs were they then digged up an old file and said they can not let me through without a waiver? I was like wtf? do i look like a terroist to you? i mean shit, i told the officer i've been to the U.S many times and never had this situation occur? he was like that's because you were never sent in here so they never checked and the only way you can go through here is to get a waiver which will take 4-6 months plus $545. Jesus, what fucking bullshit is that! I can't get a refund for my trip becuase Air Canada say's the reason is not their fault and now my wife is all pissed and shit! To make things more fucked up, i have another trip booked for February to Hong Kong and since my passport should have this situation logged, does anyone know if the same bullshit is going to happen or is this just America's bullshit on their part??

 

[Mia.Colpa]

I don't know if it will happen again on your trip to Hong Kong, but expect more of this by the US, especially after the recent incident on Delta in Detroit. The Americans were a little complacent lately and this was a close call so I'll bet they are really going to be extra cautious on visitors, even from Canada, regardless if there were no issues entering before, things can change on a dime. Homeland security is now really buckling down.

 

[Another_Mod]

Wow, relax Bro, you're the one with the criminal record......... If you check,both Canada & the US will have similar restrictions with respect to allowing entyr of persons with a previous criminal record.
You were just lucky in the past, but it has now caught up with you.
Face up to it, and get it sorted out.

 

[papasmerf]

Has anyone ever got denied at the U.S. customs because of a criminal record? I was denied yesterday because i had a previous criminal record dating back to 1997. I have travelled to the U.S on numerous occaisons at least 10 times, but this time i was sent to the secondary customs were they then digged up an old file and said they can not let me through without a waiver? I was like wtf? do i look like a terroist to you? i mean shit, i told the officer i've been to the U.S many times and never had this situation occur? he was like that's because you were never sent in here so they never checked and the only way you can go through here is to get a waiver which will take 4-6 months plus $545. Jesus, what fucking bullshit is that! I can't get a refund for my trip becuase Air Canada say's the reason is not their fault and now my wife is all pissed and shit! To make things more fucked up, i have another trip booked for February to Hong Kong and since my passport should have this situation logged, does anyone know if the same bullshit is going to happen or is this just America's bullshit on their part??

Well you did not tell us what your record is, so I will guess it is not trespass or drunk and disorderly.

each country has the right to admit or deny entry to anyone.

I would check with Chinese Embassy if I were you before I left for Hong Kong to see if you will be admitted.

 

[mb12ca]

You could apply for a pardon to the Canadian government and once issued, it's as if you never did anything wrong. I crossed the border on the 23rd and I always get searched by U.S. customs, yet the canadian border agents never even look at my passport.

 

[jiiimmm]

i know a few people with this problem, it is a very long process to get sorted out and even when it is, your name stays in their computer and when they type it in you have to jump through hoops every time. And as they like to make clear to everyone with this problem...."entering the US of A is a privilege not a right".

 

[whynot888]

I got charged with, assault with a weapon and assualt causing bodily harm. I pleaded guilty and served time for it...My only concern now is if the same shit applies to Hong Kong..I search everywhere on the web but no luck with anything on this, only thing that pops up is always U.S.

 

[rama putri]

To make things more fucked up, i have another trip booked for February to Hong Kong and since my passport should have this situation logged, does anyone know if the same bullshit is going to happen or is this just America's bullshit on their part??

Countries have a right not to let anyone they don't want in. And unless you were living in a cave for the last 20 years, EVERYONE knows that with a previous criminal record you're fucked when trying to get into the States. It's up to you to make sure you obtained the proper travel documents. You didn't, you got caught and you have only yourself to blame.

As for Hong Kong, maybe you should ask the Consulate / Embassy instead of people on TERB?

 

[MuffinMuncher]

Does anyone know if the same bullshit is going to happen or is this just America's bullshit on their part??

I know it's an inconvenience, but here is yet one more example of blaming the USA rather than taking a good hard look in the mirror and accepting the reality of personal responsibility. The US didnt do this to you, you did it to yourself and slipped through the system for 10+ years. You actually got a pass you didnt deserve for all that time.

It sucks that your past follows you wherever you go, but at least man up and take responsiblity rather than trying to pass it off on a lame "look at what the big bad mean USA did to me" excuse. There's enough of that going around this board without you adding to it.

 

[Aardvark154]

Sorry for the inconvenience Whynot888

That said, and even as others have said:

A 12 year old criminal record is not that long ago.

Presuming this is a Canadian Criminal Conviction ask for a pardon and pay the fees

Check with the Chinese Consulate General in Toronto* about entry to Hong Kong (also as undoubtably you know check that your flight does not change planes etc. . . in the U.S.)

I don't know what your conviction was for, but imagine the shmuck from the U.S. with a first and only DWI/OUI/DUI conviction 25 years ago. Again they have to get a waiver to enter Canada - not from back home where the conviction for all intents and purposes long ago disappeared, but from Canada!



*The Consulate-General of the People's Republic of China
240 St. George Street
Toronto, Ontario M5R 2P4

Tel: (416)-964-7260 Fax: (416)-324-9010
24-hour automatic telephone information: (416)-964-8861

Office hours: 9:00AM –12:00AM 1:30PM-3:30PM (Monday to Friday, closed on holidays)

 

[GDLLover]

I'm assuming that you were convicted of a criminal offense. Regardless of what the criminal offense is the US is justfully worried about any visitor repeating a crime in their country.

Do you really blame them? That wouldn't look too good for homeland security if they let the person in regardless of whether they would or wouldn't repeat.

Don't take it personal.

Question: What if Canada let a convicted rapist into the country and they attacked one of your loved ones, how would you feel? I am glad that they are careful in customs for this very reason.

 

[whynot888]

the consulate-general of the people's republic of china
240 st. George street
toronto, ontario m5r 2p4

tel: (416)-964-7260 fax: (416)-324-9010
24-hour automatic telephone information: (416)-964-8861

office hours: 9:00am –12:00am 1:30pm-3:30pm (monday to friday, closed on holidays)

thanks!

 

[whynot888]

btw, does anyone know if this situation will show on my record (getting stopped and rejected at the U.S border) when they swipe my passport?

 

[Aardvark154]

btw, does anyone know if this situation will show on my record (getting stopped and rejected at the U.S border) when they swipe my passport?

The U.S - Yes,. A third country I doubt it.

 

[HAMSTER INSPECTOR]

Frustrated skumbag wannabee cop have to become customs officers.

The last time I entered the USA I was interogated by a scumbag wannabee cop - customs officer. This guy gave me the third degree because he is a dirtbag slob that has to sit in the hut all day. I look respectful and presented myself politely. At one point the jerk yells at me and sais DON'T LOOK AWAY, LOOK AT ME! Just to show me who is boss in that situation. I guess he did not like the fact that I could take the afternoon off and go across the border to shop. He even asked me why I had 4 bottles of 7 up in the cooler in my trunk. I told him that I might get thirsty.

 

[Keebler Elf]

In terms of the US, you're pretty much fucked. Why didn't you get a pardon???

Now the US has you on their system and they will never take you off, even if you get a pardon (they say they don't recognize pardons). Even if you get wiped off the Canadian system, the US has now downloaded it into their system where it will stay forever. You're now red flagged and can expect to be stopped every time you try and enter. Be aware, it's a criminal offense NOT to declare your criminal record when entering the US. The first time you were able to say you didn't know but now they have it on their system that you've been caught and next time they won't be so lenient. Now they will say you're trying to "sneak" into the US without declaring your criminal record.

You should apply for a Canadian pardon and then apply for a US waiver. At least you can say to the US that you've obtained a Canadian pardon (which means you've been "clean" for, IIRC, the past 5 years).

You're likely going to have a tough time with the US because you have an assault conviction. You could be denied a waiver based on that. Without a waiver you are ineligible for entry into the US. They will likely flat out deny you entry. The waiver is the process by which you get an exemption from the bar. People with criminal records are automatically barred from entry to the US unless you have a waiver. If you keep "sneaking" in, you'll get caught and they may give you a permanent ban (i.e., no waivers for you).

The best advice I can give you is to go speak with an immigration lawyer PRONTO. You'll get better info and a path forward from them.

 

[Keebler Elf]

You could apply for a pardon to the Canadian government and once issued, it's as if you never did anything wrong.

WRONG!!!

First off, your record is "sealed." If you ever do anything wrong again, it gets unsealed and can go back on your record.

The US does not recognize Canadian pardons.

The advantage of getting one is only an advantage if you get it before you get questioned by the US. Once the US checks your record and finds a hit, they download it onto their system and there it stays forever. A pardon won't get it off the US system so every time you cross the conviction will show up. If you get the pardon beforehand, when the US checks they won't get a hit so there's nothing to download to their system.

 

[canada-man]

Hong Kong has a trade office which operates like an embassy

http://www.hketo.ca/home/

 

[Keebler Elf]

If the border guard does not like the charges or the outcome (why they were dropped)... they can deny you entry on grounds of "moral turpitude"

If your crime falls under the definition of "moral turpitude." There are specific crimes for this (sexual assault, drug possession, violent crime, etc.).

Not everything falls under the criteria. That being said, US customs can deny entry whenever they want.

And yes, it's a bad idea to lie to customs.

 

[Gyaos]

Has anyone ever got denied at the U.S. customs because of a criminal record?

What was the crime? Streaking at the Raptors game?

Gyaos.