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

onehunglow

Active member
Sep 13, 2007
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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.
Just curious as to what the weapon was and how much time you spent in jail.
 

Aardvark154

New member
Jan 19, 2006
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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.
Just in case this is not obvious, someone who deals with U.S. Immigration Law (although this may be a Canadian Lawyer as long as he/she is admitted to practice in the U.S. and has represented clients with the U.S.C.I.S.)
 

Aardvark154

New member
Jan 19, 2006
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Hong Kong has a trade office which operates like an embassy
Yes and NO. Right from the Government of Hong Kong's own website:

"If you need advice on individual cases, please address your enquiries to any Chinese [PRC] diplomatic or consular mission"
 

blackram

Banned
Jul 31, 2008
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I once got stopped because they denied me a TN visa. That stoppage will stay with me they told me, so I have to report it everytime I go through and they ask me this question. But they say that's just an administrative denial, so it shouldn't stop me from going in for normal matters. However, a criminal record is more than just an administrative denial. If you need to go through to the US on a regular basis, then I'd suggest you do as they say and get that waiver and pay that exorbitant amount of money for it, because afterall you need to go to the USA regularly. What other choice do you have?

As for Hong Kong, don't you need a visa to visit HK? If you pass the visa approval process, then I'd say they are okay with you. But that mistake from 12 years ago is going to haunt you, everywhere you go from now on.
 

girorok66

New member
Feb 22, 2008
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As for Hong Kong, don't you need a visa to visit HK? If you pass the visa approval process, then I'd say they are okay with you. But that mistake from 12 years ago is going to haunt you, everywhere you go from now on.
With a Canadian passport you don't need a visa to visit HK. You need one if you step into mainland China, though, but you can get one on the spot at the Chinese border, I think. HK is what they called a "Special Administrative Region" and they have their own laws + rules.
 

xix

Time Zone Traveller
Jul 27, 2002
4,107
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La la land
I know they kind

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.
I worked with a Wannabe Cop now he is a Customs Guard.
Originally he wanted to be a coast guard for the US, then a local cop, then Federal, RCMP, then some how he managed to get the customs job. Believe me when cops try to keep AHole away there will always be ONE that passes the cracks.
This guy after college, don't know what he studied, wanted to work for the Gov't because of their Pension and don't have to work to much at all.
And he wanted a job where he would feel superior because he had a low self-esteem, indecisive, immature and insecure. It seems the shallow people always want the job with most responsibility because of the $$$.
 

hungry

Well-known member
Nov 20, 2005
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If your trip to Hong Kong is through the USA, I would do whatever it takes to have it changed so you don't have to go through the US. I am sure there are many flights leaving direct from Canada. I know I am leaving in Feb. and flying non stop to Tokoyo. I have nothing to hide, but I just hate flying to the States, and especially if I am going to another country. Further, I hate coming back to Canada dealing with our own immigration assholes. This is one of the reasons I have cut back on travelling these past years.
 

Gyaos

BOBA FETT
Aug 17, 2001
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I am sure there are many flights leaving direct from Canada.
You have to make sure any flights from Canada, like YYZ, doesn't do a fuel stop in ANC (Anchorage, AK). The US will check passports and guess what.....even if its a fuel stop.
I always like the ANC stop, great place to take a shit. The toilets actually flush. Once, I used the women's room by accident. Oh, man! Too funny. LOL

Gyaos Baltar.
 

hungry

Well-known member
Nov 20, 2005
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You have to make sure any flights from Canada, like YYZ, doesn't do a fuel stop in ANC (Anchorage, AK). The US will check passports and guess what.....even if its a fuel stop.
I always like the ANC stop, great place to take a shit. The toilets actually flush. Once, I used the women's room by accident. Oh, man! Too funny. LOL

Gyaos Baltar.
I am not sure it matters. I flew from LAX to Korea on 003 (it stopped in ANC), the one that got shot down by a Russian Mig, only thankfully at a different time. We refueled and left. I am flying to Japan from Toronto, but I am just changing planes so I don't know if I need a visa to enter Japan, but I do know I don't need one to change planes. Therefore, I don't think it matters, ie he flies from Toronto to Hong Kong and the plane lands in ANC so long as he is not staying there. Please anyone let us know.
 

Gyaos

BOBA FETT
Aug 17, 2001
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I am not sure it matters. I flew from LAX to Korea on 003 (it stopped in ANC).
I usually fly CX (Cathay Pacific) to and from YYZ. Right now they have a non-stop 7E7. But, if they use another model, it stops in ANC from Hong Kong. I think they've changed it and no one gets off the plane anymore. CX got pissed at the US for checking everyone's passport from China holding everyone up......and no one was going to the US, they started using YVR.

Yeah, but if the security increases and there's an ANC stop, no telling what will be done now. Here we go again with this. Will someone nuke Pakistan, Afghanistan, Nigeria, and Somalia and end this shit? Gee Wiz!

BTW, whynot888 could always get a US Passport, that would end the problem. LOL

Gyaos Baltar
 

Danolo

Active member
Dec 9, 2003
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Now that the US customs have you in their system, if you try to enter the US again, they may give you a hard time because you KNOW you are not allowed.

I'd suggest you get a pardon and a waiver... the pardon takes about 1 year... dunno about the waiver.
 
I got charged with, assault with a weapon and assault causing bodily harm.
No offence, but why are you surprised at this? Isn't it common knowledge that virtually any criminal conviction will result in being denied entry into most countries. I've known people that were denied entry into the US because a minor pot possession conviction in their misspent Yoot. Since you didn't know this, I will assume that you also don't know this: If you try again, and lie about it, you will have just committed a felony crime in the US.

As others have pointed out, you might be able to get a pardon, or have your record expunged... but here's the real pisser...

Now that you have been denied entry into the US, your criminal record is now a matter of record in the US. And the US doesn't recognize our pardons. So not only do you need to get the pardon up here, you also need to apply for a waiver from US Immigration.

I wouldn't be planning any trips to the US any time soon, and get the pardon thing sorted out if you can, before you try to gain entry to China.
 

canada-man

Well-known member
Jun 16, 2007
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Toronto, Ontario
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If your trip to Hong Kong is through the USA, I would do whatever it takes to have it changed so you don't have to go through the US. I am sure there are many flights leaving direct from Canada. I know I am leaving in Feb. and flying non stop to Tokoyo. I have nothing to hide, but I just hate flying to the States, and especially if I am going to another country. Further, I hate coming back to Canada dealing with our own immigration assholes. This is one of the reasons I have cut back on travelling these past years.
Cathay pacific and Air Canada has non-stop flights between Hong Kong and Toronto
 

HAMSTER INSPECTOR

Well-known member
Jun 3, 2005
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you need a pardon

I use to work in a prison. People in there are the most politest people around. Every time I went down the hall, people would say.................pardon me!........pardon me!..............Pardon me!............pardon me!...............................:rolleyes:
 

papasmerf

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Oct 22, 2002
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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.
k so you are a convicted VIOLENT OFFENDER and you are pissed at the US Customs Service for denying you entry.


Makes sense.

I am going to guess that you wife did not know about the conviction until this happened.
 

mainoffender

New member
Sep 3, 2006
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Funny thing you mention this.

You do not need a criminal record to be denied entry to the US.

Apparently, if you have been arrested (and charges were dropped).... this is now having the same effect as if you have had a criminal record when crossing the border.

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"

Even if you get a pardon, you will need to tru and get the waiver - The US really does not like our pardon system

More an more often, the question they are asking at the border is not "Do you have a criminal record?"... it is "Have you ever been arrested?"

and if you are caught being untruthful with an American border guard, you can be banned from entering the US for 5 years.



every time you cross the border, it is a "new" procedure and unrelated to previous attempts to enter... but one of the questions they sometimes ask is if you have ever been denied entry into the US

I think the question as to ever being arrested is bullshit... if you went through trial and procedure and were found innocent / charges dropped... with no criminal record.. it is like being put on trial again to enter the US
Was sent to secondary inspection a few years back and as the agent looked over a computer printout he kept asking "have you ever been arrested?" I thought there was no way he'd have access to something that happened 35 yrs. ago but he did. I kept answering no and he finally looked up and asked again "have you ever been arrested (not convicted)?" I finally asked if he was talking about when I was charged with possession (charges had been dropped before ever going to trial). I was only 16 at the time and figured because charges had been dropped no way would it show up. It never had in the past but now that they have access to Canadian LE files it's flier beware. I apologised for being evasive and he eventually let me in. Had he been a prick it could have ended badly.
 

Aardvark154

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Jan 19, 2006
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BTW, whynot888 could always get a US Passport, that would end the problem. LOL
However, that would only be the case if he is already a Canadian - U.S. Dual national.

I doubt that is the case since a) he did not mention it b) the USBCBP Inspector didn't mention it either (since he would have automatically been admissible to the U.S.)
 

Aardvark154

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Jan 19, 2006
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get that waiver and pay that exorbitant amount of money for it
FWIW if anyone is interested the reason for the "exorbitant amount" is because the U.S. Congress decided a number of years ago to entirely fund Immigration to the U.S. as well as refugee programs entirely from fees, with no money for those purposes from the General Fund. Since most native born U.S. Citizens have no experience of the Immigration Process (those that do mostly being the spouses of foreign nationals - and hence objects of deep suspicion by the Feministas - such as Senator Cantwell), there is not a voting constituency to complain and the rest of the electorate is perfectly happy. The standard for setting the fees is complete recovery of the cost of the service plus the Refugee surcharge of 14 percent.

The Obama Administration in the last Budget did propose funding Refugee programs partially out of the General Fund, however this was not agreed to by the Congress.
 

Keebler Elf

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Aug 31, 2001
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The Keebler Factory
Was sent to secondary inspection a few years back and as the agent looked over a computer printout he kept asking "have you ever been arrested?" I thought there was no way he'd have access to something that happened 35 yrs. ago but he did. I kept answering no and he finally looked up and asked again "have you ever been arrested (not convicted)?" I finally asked if he was talking about when I was charged with possession (charges had been dropped before ever going to trial). I was only 16 at the time and figured because charges had been dropped no way would it show up. It never had in the past but now that they have access to Canadian LE files it's flier beware. I apologised for being evasive and he eventually let me in. Had he been a prick it could have ended badly.
Something doesn't add up here. Did you have your lawyer ask for your fingerprints and photos to be purged? A non-conviction charge from 35 years ago should not be showing up. Had the US found out about this previously? It's possible they downloaded it into their system before the charge was removed from the CPIC database. But a non-conviction charge should not show on the system.

It also sounds like he was fishing and you were being coy so he knew something was up. Did you actually see the printout with your charge on it?
 
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