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Can any Candian cruisers answer an airport question for me?


robbypark
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Hi guys, planning on going on my first cruise in December. The problem is, I have had finger prints taken by the police as I have a current court case pending for theft under 5000 and my trip is planned before any of the main court dates. There are no restrictions to my travel and I have not been convicted of anything.

 

Are there any Canadians who have been through a similar situation? Do you think having a pending court case will lead to be being denied entry to the US? Do they fingerprint Canadians at customs and if so, would my pending case come up as a negative?

 

Thanks for any help that you can give me!

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I would call your lawyer and Homeland Security to get the correct answer to this question, a pending court case could rule you inadmissible, especially with it being a theft charge.

 

But the only people who know for a fact would be your lawyer and Homeland Security, as they may require you to fill out a waiver and other forms to allow you to travel to the US.

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As a constant traveler to the US for cruising, I think all of the above, is good advise :confused: :rolleyes:

 

Cato :)

 

 

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Hi guys, planning on going on my first cruise in December. The problem is, I have had finger prints taken by the police as I have a current court case pending for theft under 5000 and my trip is planned before any of the main court dates. There are no restrictions to my travel and I have not been convicted of anything.

 

Are there any Canadians who have been through a similar situation? Do you think having a pending court case will lead to be being denied entry to the US? Do they fingerprint Canadians at customs and if so, would my pending case come up as a negative?

 

Thanks for any help that you can give me!

 

Generally, the question they will ask at US Customs is, Have you ever been arrested? Then they will look at the conditions of your arrest. Definitely check with a lawyer and it wouldn't hurt to email/call Homeland Security. Hope that helps.

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Generally, the question they will ask at US Customs is, Have you ever been arrested? Then they will look at the conditions of your arrest. Definitely check with a lawyer and it wouldn't hurt to email/call Homeland Security. Hope that helps.

 

I have never been asked this question and I have crossed the border over 100 times? This is just not true.

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I currently live in the US as a permanent resident but have crossed the border countless times. I have NEVER been asked if I've been arrested. Either before immigrating or after. (Obviously I was asked during immigration process, but never at a border checkpoint as one wound pass for a vacation)

 

While the advise the check with a lawyer or homeland security directly is certainly the best my thought is I would be absolutely gobsmacked if your prints show up anywhere other than the jurisdiction your were arrested in.

 

 

Sent from my iPhone using Tapatalk

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US being what it is, the rest of the story may be to ask if any drugs were involved in the charges. That seems to trigger Homeland Security to react. However, I agree with many others that CC is the wrong forum to get a clear answer.

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I don't disbelieve that this may have happened to you, but we have never been asked this in over 40 years of crossing borders both ways, or anywhere else in the world.

.

 

Count me in for 50 years and never ever been asked and I've crossed many many times land, sea and air. EVEN if they asked, they would ask have you been CONVICTED of a crime not accused of one. Agree with Waterloomarc - only when I applied for immigration. You will not come up in any system because you have not been convicted of any crime.

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If you have not been convicted you are not in any Federal data base that shows that. Most local authorities do not report to the FBI which maintains the US data base any conviction for a relatively minor crime and for the FBI a theft under $5000 is a minor crime. Canada does check the US data bases and has been known to pick up convictions for DWI(almost never a felony) but there is a data base that reports all DWI convictions(not arrests). The US customs form does not have a question concerning convictions or even arrests although the form for getting a VISA to the US for those countries not under waiver does have such a question(US nations don't need a VISA to come to the US)

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It's not uncommon to be asked if you have a criminal record when you cross the border. My husband has been asked a few times, he's Retired Canadian Military and has been fingerprinted for his security clearance as well as a few indiscretions as a young Army guy in the 80's. He was asked to fill out other forms, one being a waiver and that was it. Never had any problems as a result, we cross on average 8-10 times a year now, the last year he wasn't asked once.

 

A pending court case can rule a person inadmissible to any country, having your court documents showing you are free and clear to travel should be brought along. Everyone has a different experience with the border, so to predict what will happen is impossible. Go to the source, in this case Homeland Security and get the answers from them.

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I travel frequently as a Canadian Military Officer. I have been fingerprinted at least three different times over my career, all for security clearences or upgrades. I have been asked if I was ever convicted of a criminal offence numerous times entering the US and other countries but never asked if I had been charged with one. That being said do check with the authorities for the definative answer. It's never a great start to a vacation when you are denied entry into a country.

Edited by Gunner22aa
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The US form for security clearances asks among other things if you have ever been arrested or charged as well as convictions.

 

http://usmilitary.about.com/library/pdf/sf86.pdf

 

I tried to look at the the State Department form for an US Visa(form 160) and it needs to be filled out on line. I suspect that you need to report all arrests and charges on it....

Edited by smeyer418
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Everyone has a different experience with the border, so to predict what will happen is impossible.

 

These are the truest words in the thread! It all depends on which agent you get. Most are great but the others treat that little cubby hole like their own little fiefdom and get off on the power trip. (On both sides, US & Canadian)

 

 

 

 

Sent from my iPhone using Tapatalk

Edited by Waterloomarc
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I travel into the US frequently and I can assure you the possible questions they may ask at customs are

(I have experienced ALL these question except #7 lol)

 

1- where are you going/what is your purpose

2- how long will you be here

3- do you have anything to declare or are you bringing anything into the country (food booze tobacco)

4- what do you do for a living

5- do you have more than $10,000 in cash

6- have you ever been denied entering into the country

7- how many times have you had sex in the last 24 hours (JUST KIDDING its a standard Canadian joke here)

Edited by hockeyguru32
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I travel into the US frequently and I can assure you the possible questions they may ask at customs are

(I have experienced ALL these question except #7 lol)

 

1- where are you going/what is your purpose

2- how long will you be here

3- do you have anything to declare or are you bringing anything into the country (food booze tobacco)

4- what do you do for a living

5- do you have more than $10,000 in cash

6- have you ever been denied entering into the country

7- how many times have you had sex in the last 24 hours (JUST KIDDING its a standard Canadian joke here)

 

I have been asked 1-5.

 

6 Happened to me more than 30 years ago because one of our friends didn't have a birth certificate or any ID on him. He was the driver. We switched drivers and went to the next bridge in Niagara Falls some five minutes drive away and got across with no problem. That was then and this is now, I realize that but sometimes I am nostalgic for those carefree days.

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In Toronto when flying to the US we clear US customs and immigration prior to going through security. There is a form to fill out to give to the agent. I do not recall any questions regarding arrests or convictions on the form either.

its the I-94 form and it does NOT ask about arrests or convictions at all...

 

https://i94.cbp.dhs.gov/I94/request.html

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Saying things like "I've been crossing for 40 years and have never been asked" or, even worse "it's not true", is not at all helpful. I bet many have crossed the road thousands of times in the last 40 years and have never been hit by a bus...

 

As for it not being "true"... I've been crossing the border for more than 40 years too. In the first 40 I was once asked if I had ever been fingerprinted but never whether I'd been convicted or arrested. In the last 2 years I have been asked if I've been convicted and in the last year I was asked if I've been arrested. I have no idea what they would or would not have been able to determine from their computer system if an arrest had occurred but not a conviction.

 

Be keenly aware that it is not your right to cross any border but is a privilege - one which the customs/immigration official has the sole discretion to grant or deny.

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Saying things like "I've been crossing for 40 years and have never been asked" or, even worse "it's not true", is not at all helpful. I bet many have crossed the road thousands of times in the last 40 years and have never been hit by a bus...

 

As for it not being "true"... I've been crossing the border for more than 40 years too. In the first 40 I was once asked if I had ever been fingerprinted but never whether I'd been convicted or arrested. In the last 2 years I have been asked if I've been convicted and in the last year I was asked if I've been arrested. I have no idea what they would or would not have been able to determine from their computer system if an arrest had occurred but not a conviction.

 

Be keenly aware that it is not your right to cross any border but is a privilege - one which the customs/immigration official has the sole discretion to grant or deny.

 

Wrong. The poster I was responding to said "GENERALLY, the question you will be asked is ...have you ever been arrested.". That is not true. They may ask that on occasion but it is not generally asked.

 

They ask my DH about his previous work and US Visa. Things that are in their system do bring up questions I find.

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