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

nottyboi

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May 14, 2008
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If I demanded to be placed in a holding area rather than go through customs I would expect it would be a cell.

My advice is when is a foreign country follow their rules and requests
Of course I do, does not mean I have to like it. I have travelled through the US many times with no searches etc etc. Even as a single male traveller leaving south America I went through with no searches etc. I know how to not act suspiciously - do not have anything to hide at all. In fact I have never had ANY problems anywhere crossing borders.
 

69suds

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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?? :confused:
So go get a waiver.
 

alexmst

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Having travelled into the U.S. from Canada over 100 times I find that by and large U.S. Border Patrol/Customs/Homeland Security agents are decent enough people. I don't have a record, but am just talking about the travellers experience.

The problem is travelling after an incident involving terrorism when security gets increased and everybody is on edge. Who wants to be the customs guy who becomes known on CNN as "the guy who let some terrorist in". That is one reason they go hyper after an incident like the Delta/Northwest flight Nigerian guy. Sure, the govt raises the security level, but the individual agents are under a lot of pressure not to be the weak link in the chain so to speak. When times are less stressful borders are more pleasant. For at least the next few weeks crossing into the U.S. will be a real pain. The Toronto Star headline on their website tonight was "Bedlam at Pearson" and the delays crossing through U.S. Customs was said to be 3 to 5 hours due to more checks, hand inspections and volume of travellers. If it takes a minute to hand search a bag, multiply that by several hundred travelers and you get several hundred minutes, which explains the 3-5 hour delays.
 

ig-88

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Having travelled into the U.S. from Canada over 100 times I find that by and large U.S. Border Patrol/Customs/Homeland Security agents are decent enough people. I don't have a record, but am just talking about the travellers experience.

The problem is travelling after an incident involving terrorism when security gets increased and everybody is on edge. Who wants to be the customs guy who becomes known on CNN as "the guy who let some terrorist in". That is one reason they go hyper after an incident like the Delta/Northwest flight Nigerian guy. Sure, the govt raises the security level, but the individual agents are under a lot of pressure not to be the weak link in the chain so to speak. When times are less stressful borders are more pleasant. For at least the next few weeks crossing into the U.S. will be a real pain. The Toronto Star headline on their website tonight was "Bedlam at Pearson" and the delays crossing through U.S. Customs was said to be 3 to 5 hours due to more checks, hand inspections and volume of travellers. If it takes a minute to hand search a bag, multiply that by several hundred travelers and you get several hundred minutes, which explains the 3-5 hour delays.
True.

But in this case, the dude hadn't even gone through US customs yet.

There is no US pre-clearance facility in Amsterdam. He would have had to go through US Customs in Detroit.

He didn't even get that far, 'cuz he decided to pull his little stunt.

Even so, I don't think this was so much of a customs/immigration issue.

This was regular airport/airline security, pure and simple.
 

JEFF247

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Good idea

Don't go there enough to justify it, if I did I would have one for sure.
I have a NEXUS pass and it was good to see what my record was when I applied. I had an "arrest" at age 17 that came up. A minor problem, but a friend of mine was almost denied a liquor license for the same arrest. Neither of us even remembered it at the time.

It was like running a credit check with the credit agencies before buying a house. Not a bad idea to take a look at before you really need it. I have been to Hong Kong numerous times with no problem. Must be the info shared is getting better.

I know people denied access to Canada for assault, DWI or pot convictions. They were surprised.
 

tboy

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I think the thing most are missing here is: the US doesn't HAVE to let anyone in. They are doing you a favour by letting you into their country, respect that. Seriously, think of the US as your house: will you let just anyone come through your front door and sit down at your dinner table and eat your food?

Probably not.......
 

mainoffender

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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?
It had never been an issue before so had never tried to have my record purged. In fact I assumed that because the charges were dropped I had nothing to worry about. Lived in Windsor for 40 yrs. and used to cross the border weekly for concerts, ball games, etc. Never a problem. Flew numerous times for work and never an issue. As far as a non-conviction charge being on their system I really don't know what they have access to. Have crossed the border without problem since this happened. Maybe he was fishing but he sure was persistent, asking over and over, not liking my original answer. And when I asked to see the printout he said that wasn't going to happen. Never good to argue with these guys so I fessed up and he let me pass. Have always found if you show respect and don't get argumentative these folks are reasonable.
 

alexmst

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I think the thing most are missing here is: the US doesn't HAVE to let anyone in. They are doing you a favour by letting you into their country, respect that. Seriously, think of the US as your house: will you let just anyone come through your front door and sit down at your dinner table and eat your food?

Probably not.......
Yes, that is true, they don't have to let anybody in. Generally speaking in the interest of tourism and commerce they want to let most people from Canada in, and do, but they can always say "No". That is the stress when travelling across the border for a vacation or business - even if one has done nothing wrong, you can always be refused admission.

The reason why comming back ito Canada is less stressful is they HAVE to let us back in. The only stress is will they think I bought this or that while on this trip when I actually bought it last month? We know they aren't going to say, "Hmmm...sorry, you can't come back in...we don't want you here anymore" as the right of being Canadian gives us automatic entry, just as Americans always get admitted back into the U.S. when they travel.
 

roblestone

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It's a shame that customs has ruined tourism and trade for both our countries. I used to hobby in Toronto 3 or 4 times a year and spend thousands of dollars. It's just not worth the hastle anymore. The terrorists have won.
 

rama putri

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It's a shame that customs has ruined tourism and trade for both our countries. I used to hobby in Toronto 3 or 4 times a year and spend thousands of dollars. It's just not worth the hastle anymore. The terrorists have won.
You're not traveling and enjoying the best SPs in the wold because of Canada Border Services? Sure. Whatever.
 

tboy

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It's a shame that customs has ruined tourism and trade for both our countries. I used to hobby in Toronto 3 or 4 times a year and spend thousands of dollars. It's just not worth the hastle anymore. The terrorists have won.
Hassle? answering a few questions and not having a criminal record?

Yeah, that's a great big hassle......:eek:
 

roblestone

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Yeah it's a hassle. Usually a traffic jam, 2 out of the last 3 times they searched my car and detained me for 20 minutes. Just not worth it for me.
 

oldjones

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But it does sound like the OP would be prevented from qualifying for NEXUS.

Once you have that criminal record the only way to be sure you can enter the US is with the waiver that was mentioned. Sorry, but a court decided you were a criminal. It's foolish to imagine that a hurried and harried agent at the border would be able to evaluate your record and decide you're a safe bet for entry. They do that stuff in Washington, at desks, and it takes time.
 

tboy

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Yeah it's a hassle. Usually a traffic jam, 2 out of the last 3 times they searched my car and detained me for 20 minutes. Just not worth it for me.
OMG they detained you for a WHOLE 20 MINUTES? however did you survive? I mean, holy crap that is so tramatic you should apply for compensation for pain and suffering !!!

Some people's kids I tell ya!! :mad:
 

fuji

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I think the thing most are missing here is: the US doesn't HAVE to let anyone in.
This is sort of true, and sort of not true.

The US can make up whatever rules they like around who gets in, or who doesn't get in. The reality is that those rules have been set out in regulations, and individual customs officers have to follow those regulations. The US of course could freely rewrite those regulations any time they like.

When you are standing in front of a border guard his job is to determine what the facts are. Those facts then put you into some category or another, and the regulations determine what happens to you at that point. He doesn't make his decisions arbitrarily, the decisions are made for him by the regulations.

Unfortunately for the OP the fact is he has a criminal conviction for assault with a weapon, and the regulations state that any such person is inadmissible to the USA. It appears that the border guard who processed him was simply following the regulations as is his job.
 

tboy

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I can bet you that there is a regulation/rule to cover just about every possible scenario though.

For eg: I bet if someone acts beligerent, whoop, no entry. Suspicious of being intoxicated? whoop, no entry. Suspicion on being on drugs, whoop, no entry.

I know for one they have a LOT of latitude and rely on their training and judgement. They ARE the first line of defence afterall.
 
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