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jaberi

join:2010-08-13
reply to bluebaron2

Re: Super Bowl contest winner denied entry to U.S.

they kept a record for 32 years?

didn't colorado and some states decriminalize marijuana, so what happens in this case?...and what about the 2 grams, would they even arrest someone today for that?



Xstar_Lumini

join:2008-12-14
Canada
kudos:2
reply to jaberi

I see all these flyers at TTC bus stops about U.S. waivers/pardons for $500, but that's bullcrap the price you pay is around $1,800 to $3,000, you need a lawyer. My coworker was charged with drunk driving in 2007 and has a criminal record, he cannot enter the USA or get a canadian passport at that. That's what he's going to pay to get the pardon, around $3,000 for his lawyer.



Gone
Premium
join:2011-01-24
Fort Erie, ON
kudos:4
reply to jaberi

said by jaberi:

didn't colorado and some states decriminalize marijuana

... it's a legal mess is what it is. When it comes to immigration though, federal law applies.


TLS2000
Crazy Canuck
Premium
join:2004-02-24
Mississauga, ON
reply to Xstar_Lumini

If he doesn't have charges pending and isn't on parole, he can certainly get a passport. That doesn't mean that anyone will let him into their country though.
--
Tom


resa1983
Premium
join:2008-03-10
North York, ON
kudos:10
reply to Xstar_Lumini

said by Xstar_Lumini:

I see all these flyers at TTC bus stops about U.S. waivers/pardons for $500, but that's bullcrap the price you pay is around $1,800 to $3,000, you need a lawyer. My coworker was charged with drunk driving in 2007 and has a criminal record, he cannot enter the USA or get a canadian passport at that. That's what he's going to pay to get the pardon, around $3,000 for his lawyer.

Pardons can be done without a lawyer, for MUCH cheaper than 3k, and as long as you follow the instructions properly it'll be done in the same time period as if you went with a lawyer.

As for entering the US - its up to the border guard, but if all it was was a DUI, they can let you in as the US gov doesn't consider that 'serious' (go figure).

quote:
At this time, driving under the influence, breaking and entering, disorderly conduct and simple assault are not considered crimes that make a person inadmissible to the U.S., although if there are multiple convictions and or other misdemeanors, you could be denied entry.
»help.cbp.gov/app/answers/detail/···,-waiver
--
Battle.net Tech Support MVP


Gone
Premium
join:2011-01-24
Fort Erie, ON
kudos:4

Go figure, as impaired driving is one of the things that the CBSA won't screw around with and will typically disqualify you on the spot.



hmm

@videotron.ca
reply to Gone

said by Gone:

This has become a big issue for older people who had convictions when they were young, crossed the border throughout their entire lives and then suddenly get called on it later in life. This isn't the first time I've seen this happen, and no doubt it won't be the last.

It's not only criminal convictions (or felonies).

People who have attempted suicide have also been refused entry into the states. Been many a story where Mom tried to get on a plane with her family and she is refused while dad and the kids continue.

Did your suicide attempt require an ambulance and that got a cop involved to make a report? Then you are prone to be stopped and refused entry at any time to the states (or flying through their air space for that matter).

I do believe suicide is still a crime in American books even if it's not in Canada.

I recall reading that there is some fed place you have to write to, and maaaaybe pay as well to have this removed so it doesn't end up in American hands should you and the family decide to go to the states, but I no longer recall the routine, or where I read this. But a google search should bring it up. Think it might be on PrivComs's site as well.


Gone
Premium
join:2011-01-24
Fort Erie, ON
kudos:4

Suicide has nothing to do with any of that. Rather, it is an ongoing history of involuntary admission to a mental health facility that can be an issue.

Either way, those are far easier to deal with than being denied entry because of a criminal record.



hm

@videotron.ca
reply to resa1983

said by resa1983:

There still is a way for him to get in..
It just requires a US Entry Waiver.

Its something like $500, takes 4-12 months to get, and requires a DHS background check.

Hmm
I've had friends with felonies in the states come to Canada and Canadian friends with convictions go to my summer place in the states. Both DUI's.

In the Canadian case I called the American border to find out the info and was told no problem and given a reference number should there be some issue crossing in the states. Had to give them the story of his DUI.

In the American case. Nothing. I was told the guy has to fill out a form and give something like 500$ to some place in Boston to get some sort of waiver to cross into Canada. Canadian border told us to just take a chance and cross in with him. If anything they will just refuse him entry and we can drive him back home heh. And that's what we did. No issue. Don't ask, don't tell.


hmm

@videotron.ca
reply to Gone

said by Gone:

Suicide has nothing to do with any of that. Rather, it is an ongoing history of involuntary admission to a mental health facility that can be an issue.

Either way, those are far easier to deal with than being denied entry because of a criminal record.

Nothing to do with history. All to do that you tried to commit suicide.

However, I seem to recall in this one instance with that women who was stopped on her way to disney land with her family had to then produce medical records (or something like that), which again is an invasion of privacy. But it had something to do with suicide being illegal in the states.

Same amount of paperwork, no clue about fee's though. Either way it's a border stopper. If someone did this, best to do the paperwork to get it removed or you will then be required to submit medical records etc.


hmm

@videotron.ca
reply to Gone

Here are a couple of links on the suicide or mental illness issue.

Canadian woman denied entry to U.S. because of suicide attempt
»www.thestar.com/news/gta/2011/01···mpt.html

Canadians with mental illnesses denied U.S. entry
»www.cbc.ca/news/canada/story/201···acy.html



TLS2000
Crazy Canuck
Premium
join:2004-02-24
Mississauga, ON
Reviews:
·TekSavvy Cable
·Rogers Hi-Speed

The fact of the matter is they can decide who they'll allow into their country just as we can. If they require access to police records or they'll shut the border, then Canada has little room to maneuver.

Asking her for medical records is not an invasion of privacy. It's them saying: prove that you don't have XXX medical condition or we won't let you in. She's free to turn around at any point.
--
Tom



J E F F
Whatta Ya Think About Dat?
Premium
join:2004-04-01
Kitchener, ON
kudos:1
Reviews:
·Rogers Portable ..
reply to nitzguy

Things have changed since Obama came into power. Just about everyone's freedoms in that country have been extinguished, so now they're doing it to people trying to enter that country.
--
If you can't explain it simply, you don't understand it well enough. - Albert Einstein



J E F F
Whatta Ya Think About Dat?
Premium
join:2004-04-01
Kitchener, ON
kudos:1
Reviews:
·Rogers Portable ..
reply to jaberi

said by jaberi:

they kept a record for 32 years?

didn't colorado and some states decriminalize marijuana, so what happens in this case?...and what about the 2 grams, would they even arrest someone today for that?

It's still a federal offence regardless of what Colorado or Washington state allow. You deal with Homeland Security, not with a state .gov.
--
If you can't explain it simply, you don't understand it well enough. - Albert Einstein

Grappler

join:2002-09-01
Ottawa, ON
reply to hmm

said by hmm :

But it had something to do with suicide being illegal in the states.

I imagine that if there is any state that has such an offence then their conviction rate must be Zero, especially if the accused has the right to be present to defend themselves.


Gone
Premium
join:2011-01-24
Fort Erie, ON
kudos:4
reply to hmm

said by hmm :

Nothing to do with history. All to do that you tried to commit suicide.

You are completely incorrect on this particular issue, and are talking about a lot of things for which you have a demonstrable lack of knowledge.

Suicide itself is not the issue. The only way the Americans would even have access to records is if an involuntary admission to a mental health facility was involved, as it in a weird way is equivalent to an arrest record. This would pull up a red flag even if it was something completely unrelated to suicide.

Furthermore, getting around this and proving that you're no longer ill and no longer being considered inadmissible is much much easier than dealing with the same when it is due to a criminal record.

For what it's worth, Canada has very similar requirements when it comes to admission and health issues. No one should be surprised by this.


capdjq
Premium
join:2000-11-01
Coastie
reply to jaberi

I could be wrong, but on the Computer it only states that one has a criminal? conviction. It doesn't state the nature of the crime unless they investigate further.



Styvas
Go Canucks Go
Premium
join:2004-09-15
Hamilton, ON

said by capdjq:

I could be wrong, but on the Computer it only states that one has a criminal? conviction. It doesn't state the nature of the crime unless they investigate further.

It would depend on what level of CPIC they have access to. We also have access to the same info (Gone can corroborate, of course). Do you ever watch Border Security on NatGeo? The CBSA agents regularly pull American criminal records as part of their investigations with travelers.

IamGimli

join:2004-02-28
Canada
kudos:2
reply to resa1983

said by resa1983:

As for entering the US - its up to the border guard, but if all it was was a DUI, they can let you in as the US gov doesn't consider that 'serious' (go figure).

quote:
At this time, driving under the influence, breaking and entering, disorderly conduct and simple assault are not considered crimes that make a person inadmissible to the U.S., although if there are multiple convictions and or other misdemeanors, you could be denied entry.
»help.cbp.gov/app/answers/detail/···,-waiver

Driving under the influence and impaired driving are not the same thing. One is a misdemeanor, the other a felony.

It's the same difference between an impaired driving charge under a provincial highway traffic act (at .03 or .05 BAC) or an impaired driving charge under the Criminal Code (at .08 BAC).

A criminal charge of impaired driving can certainly disqualify someone from being able to enter the US, especially if it was pursued as an indictable offense instead of a summary offense.

zod5000

join:2003-10-21
Victoria, BC
Reviews:
·Shaw
reply to J E F F

said by J E F F:

Things have changed since Obama came into power. Just about everyone's freedoms in that country have been extinguished, so now they're doing it to people trying to enter that country.

I'm not sure where to begin with this one. I think more freedoms were lost when George W. was president. The patriot act, dmca, warrantless initiatives... all the knee jerk reactionary stuff after 911 had a big impact on the US. I don't think anything to that level has come in under Obama's watch.

That being said, a US president doesn't actually have the ability to make law. Congress does and operates seperately from the president. The president only has the power of veto (to reject a law) while can be overruled with a 66% vote in the senate? I think my point is that a US president has way less domestic powers than people think.

Now barring all of this. The criminal record check at the border predates 911. It's nothing new at all. There's at least one story a year in the paper about someone with some old minor charge that was stopped from crossing the border. It's also common knowledge that things stay on your criminal record until you apply to have them removed.

I know we don't view a marijuana charge as very serious. However we also know the USA is completely hellbent and anal when it comes to drugs (washington & colorado being the exceptions). If you were going to have a history trying to cross the border into the US, I wouldn't think a drug charge would be one of the ones they'd ignore.


Gone
Premium
join:2011-01-24
Fort Erie, ON
kudos:4
reply to IamGimli

said by IamGimli:

Driving under the influence and impaired driving are not the same thing. One is a misdemeanour, the other a felony.

The phrasing used entirely depends on the individual state's laws. A blanket statement like that generally does not apply.

New York, for example, has neither. They have Driving While Intoxicated as the major charge, and Driving While Ability Impaired for the lessor (.05) charge.

The various provincial HTA charges that may be laid in Canada for various sub-levels of impairment would not show up at the American border the same way a speeding ticket wouldn't.

IamGimli

join:2004-02-28
Canada
kudos:2

said by Gone:

said by IamGimli:

Driving under the influence and impaired driving are not the same thing. One is a misdemeanour, the other a felony.

The phrasing used entirely depends on the individual state's laws. A blanket statement like that generally does not apply.

New York, for example, has neither. They have Driving While Intoxicated as the major charge, and Driving While Ability Impaired for the lessor (.05) charge.

Considering the term came directly from a US Border Patrol site I'll trust their expertise rather than yours. The fact of the matter is that they mentioned "driving under the influence" as a misdemeanor crime that would not automatically prevent someone from being eligible to enter the US. That would be the equivalent of a charge under an HTA or a Criminal Code charge that is pursued as a summary conviction.

The felony charge would be the equivalent of a Criminal Code charge that is pursued as an indictable offense and would generally be enough on it's own to prevent someone from being able to enter the US.

said by Gone:

The various provincial HTA charges that may be laid in Canada for various sub-levels of impairment would not show up at the American border the same way a speeding ticket wouldn't.

Hence why such a charge would not prevent you from being eligible for entry into the US.


FiReSTaRT
Premium
join:2010-02-26
Canada
Reviews:
·Velcom

Unsurprising. The Yanks consider smoking a joint to be a serious crime and you're basically inadmissible for any drug conviction at any point in time. Even if you're squeeky clean and the border guard doesn't like the cut of your jib, they can still deny you entry. I have no issues with that as a country should have the option to refuse entry to anyone. With that being said, I'm not exactly lining up to cross the border and will pay a few extra bucks for flights that don't connect in the US
--
If you have an apple and I have an apple and we exchange these apples then you and I will still each have one apple. But if you have an idea and I have an idea and we exchange these ideas, then each of us will have two ideas.
—George Bernard Shaw


IamGimli

join:2004-02-28
Canada
kudos:2

said by FiReSTaRT:

Unsurprising. The Yanks consider smoking a joint to be a serious crime and you're basically inadmissible for any drug conviction at any point in time. Even if you're squeeky clean and the border guard doesn't like the cut of your jib, they can still deny you entry. I have no issues with that as a country should have the option to refuse entry to anyone. With that being said, I'm not exactly lining up to cross the border and will pay a few extra bucks for flights that don't connect in the US

Connecting in the US makes no difference. As soon as your flight flies into US airspace you must meet the requirements to be eligible for entry into the US, even though you never see an American border entry point.

Viper359
Premium
join:2006-09-17
Scarborough, ON
Reviews:
·voip.ms
reply to jaberi

I just don't see what the issue is. Its a foreign country, and they are free to do as they please. Canada is no different. We refuse entry to people all the time for things that are minor in nature to other Countries. As much as I think the war on drugs is nothing more than one gigantic waste of money, it would look pretty bad if you let Canadians with convictions in their history of it, but turn away others. The US isn't Canada. People around the world complain about the US non-stop, and look for any reason to claim hate of a specific group or country etc.

I dealt with a great many travelers in my prior job for close to a decade, US citizens who travelled around the world, often, or for a living, where some of the easiest and most pleasant to deal with. As much as we like to think we are different as a culture, Canadians and Americans are almost identical. If you want to see some cultural differences, watch some Europeans and Asian countries where space is limited as a whole. For example, if an elevator says maximum 20 people, there will be 20 people in it!! I think the fact we have such a good relationship in our travels, we forget, we are two separate Countries. I can't count on my hands how many times Canadians arriving at a US entry point have been ushered into the American Citizen line, and walked right through, while the International line was looooong. Speaking of which, why don't we have our own line at our airports for us Canadians returning home! WTF!@!



FiReSTaRT
Premium
join:2010-02-26
Canada
Reviews:
·Velcom
reply to IamGimli

said by IamGimli:

Connecting in the US makes no difference. As soon as your flight flies into US airspace you must meet the requirements to be eligible for entry into the US, even though you never see an American border entry point.

In general, I just want to avoid that country after the hassles I had to go through with the DHS. I really lucked out that a supervisor showed up at some point and straightened out the two slackjawed idiots. There are lots of good people down there, some I'm proud to call friends, but the less I have to deal with the authorities in that country the better.
--
If you have an apple and I have an apple and we exchange these apples then you and I will still each have one apple. But if you have an idea and I have an idea and we exchange these ideas, then each of us will have two ideas.
—George Bernard Shaw


Gone
Premium
join:2011-01-24
Fort Erie, ON
kudos:4
reply to IamGimli

said by IamGimli:

Considering the term came directly from a US Border Patrol site I'll trust their expertise rather than yours. The fact of the matter is that they mentioned "driving under the influence" as a misdemeanor crime that would not automatically prevent someone from being eligible to enter the US. That would be the equivalent of a charge under an HTA or a Criminal Code charge that is pursued as a summary conviction.

Again, this all depends on the particular state you're in, as the United States is not like Canada and does not have federal jurisdiction over criminal law. In New York, *both* charges can be prosecuted as either a misdemeanour or a felony, depending on the circumstances of the charge. The information posted on the CBP website is vague, and if you look closer they make a point of saying - repeatedly - that the information is only for reference and that you need to speak with someone at the CBP directly for more information. Before you make assumptions as to blanket validity of the information contained on that website, you'd be wise to heed that advice.

said by IamGimli:

The felony charge would be the equivalent of a Criminal Code charge that is pursued as an indictable offense and would generally be enough on it's own to prevent someone from being able to enter the US.

In the New York example that you were unaware of, both DWI and DWAI are *both* criminal charges. Both are what we in Canada would call hybrid offences. In either case, both would get you denied entry to Canada and, in the reverse, both could get you denied entry to the United States as well even if they were prosecuted as misdemeanor.

In other words, to go back to what I said earlier - it depends on the individual state.

said by IamGimli:

Hence why such a charge would not prevent you from being eligible for entry into the US.

In Canada, it's not a criminal charge - period. It's a regulatory offense, the same as a speeding or parking ticket. In my New York example, there is no equivalent despite your assertions to the contrary - it's criminal, as either a misdemeanor or felony.


Spike
Premium
join:2008-05-16
Toronto, ON

3 edits
reply to jaberi

You don't even have to be a criminal.

2 years ago my wifes friend while visiting Canada (we wanted to do a little US cross border shopping) was denied entry into the US because he overstayed on his US Visa by *ONE* single day back in.... 1993!

It wasn't even his fault, his flight got delayed to the UK (Delta Airlines). They were told all about this and it was explained in grave detail, yet they threatened to arrest him if he came back without an entry waiver.... The guard was a total jerk.

The most amusing part is the fact that he was allowed entry into the US via direct flights from the UK on several occasions without issue since the 1 day overstay in 1993.... (most recent was 2009)

So even if you think there isn't a problem, expect the unexpected when visiting the US.

The country is nothing more than one big security theatre anymore. After being stuck at the border for 4 hours it put a bad taste in my mouth.
My wife and I were of course allowed entry, but what good was that if her friend couldn't join us? Did they expect us to leave him at the border?



capdjq
Premium
join:2000-11-01
Coastie

I think it all depends who you get. I've had very rude US Border Officials and very polite ones. I've also had very annoying Canadian Border Guards. Very seldom, if ever, do I purchase anything when I go across, usually to visit friends in Seattle and to see Baseball or NFL Football. Mostly I'm waved through on my return. Occasionally I'm rudely told to pull over and searched. I don't mind being searched but, at least be polite about it.
--
I am a success today because I had a friend who believed in me and I didn't have the heart to let him down.



Gone
Premium
join:2011-01-24
Fort Erie, ON
kudos:4
reply to Spike

said by Spike:

You don't even have to be a criminal.

Yeah, the US are anal about 'immigration violations' even more than they are criminal records. In your friend's particular case, this is something that never should have happened in the first place as there is a policy in place specifically for what happened to him. Despite this, the situation *should* be correctable without a need for multiple single-entry waivers by making either a phone call or, at worst, a visit to a consulate regardless of what the CBP officer said.

Have him give this a read:

»help.cbp.gov/app/answers/detail/···mergency

(the UK and Canada are both Visa waiver countrues and have been for god knows how long, so I don't know why a Visa was an issue in the first place)