robbypark Posted November 15, 2013 #1 Share Posted November 15, 2013 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! Link to comment Share on other sites More sharing options...
Rare puppycanducruise Posted November 15, 2013 #2 Share Posted November 15, 2013 I'm not an expert, but since you have no restrictions on travel and you haven't been convicted of anything, I don't think you would have a problem. I've never been fingerprinted while entering the US. Perhaps you could ask your lawyer. Link to comment Share on other sites More sharing options...
Karysa Posted November 15, 2013 #3 Share Posted November 15, 2013 I to would suggest asking your Lawyer or a legal aid office. Looking at a US customs and immigration site might also give you information as to who and who isn't allowed to visit the US. Link to comment Share on other sites More sharing options...
xxoocruiser Posted November 15, 2013 #4 Share Posted November 15, 2013 OP would better serve to consult with an attorney rather than relying on information obtained on a CC Forum. Link to comment Share on other sites More sharing options...
SaskAries Posted November 15, 2013 #5 Share Posted November 15, 2013 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. Link to comment Share on other sites More sharing options...
DonnasMom&Dad Posted November 15, 2013 #6 Share Posted November 15, 2013 As a constant traveler to the US for cruising, I think all of the above, is good advise :confused: :rolleyes: Cato :) Completed Cruises ! Pre-cruise Days - The Big Red Boat, 1993 ?? 1st cruise - Coral Princess, 19 November 2008, 10 day Panama Canal, FLL to ACA 2nd cruise - Coral Princess, 15 May 2009, 3 day Repositioning, Los Angeles to Vancouver. 3rd cruise - Sapphire Princess, 25 November 2009? 7 day Mexican Riviera. 4th cruise - Golden Princes, 12 June 2010, 7 day Alaska. (Golden Anniversary Cruise) 5th Cruise - Island Princess, 04 October 2010, Vancouver - Los Angeles, Repositioning 6th cruise - Sapphire Princess, 05 January 2011, 10 day Mexican Riviera. LA to LA. 7th cruise - Golden Princess, 11 May 2011, 3 day, LA to Vancouver, Repositioning 8th cruise - Sapphire Princess, 14 May 2011, 1 day, Vancouver to Seattle, Repositioning 9th cruise - Coral Princess 19 May 2011 2 day, San Francisco to Vancouver, Repositioning 10th & 11th cruises - Coral Princess 02 July to 16 July 2011, round trip Vancouver - Whittier Alaska, B2B 12th & 13th cruises - Sapphire Princess, x2, Cabins, 18 Sep. 2011, 1 day, Seattle to Vancouver, Repositioning 14th & 15th cruises - Golden Princess, x2, Cabins, 24 Sep. 2011, 1 day, Seattle to Vancouver, Repositioning. 16th cruise - Oasis of the Seas, 26 Nov. 2011, 7 day, Western Caribbean, Ft. Lauderdale, Ret. 17th & 18th cruises - Crown Princess B2B, 03 - 10 Dec & 10 - 17 Dec 2011, 14 Days, South & western Caribbean 19th cruise - Grand Princess, 31 Mar. - 07 April 2012, 7 Days, Eastern Caribbean, FLL - FLL 20th cruise - Island Princess, 06-16 June 2012, 10 day cruisetour Vancouver - Wittier 21th cruise - Emerald Princess, 16 day, 10 - 26 Sep. 2012, TA, Copenhagen - New York 22nd cruise - Carnival Ecstasy 10 - 14 January, 2013, 4 Day Bahamas, Port Canaveral Ret. 23rd cruise - Sapphire Princess 30 March - 06 April, 2013, 7 Day Coastal LA - LA 24th cruise - Coral Princess, 19 May - 22 May, 2013, 3 Day Repositioning Cruise, LA - Vancouver 25th cruise - Royal Princess 16 June - 05 July, 2013, 19 Day Inaugural cruise, Southampton - Venice. 26th cruise - Emerald Princess, 06 - 16 October, 2013, 10 Day Canada - New England, Quebexc city to New York Future & Hopeful Cruises ! ( Already booked ) .27th cruise - Royal Princess, 24 November - 01 December, 2013, 7 Day,Eastern Caribbean, Fort Lauderdale Ret. 28th cruise - Caribbean Princess, 29 Mar. - 05 Apr. 2014, 7 Day, Western Caribbean, Houston Ret. 29th cruise - Pacific Princess, 17 - 24 June 2014 Vancouver - Skagway Ret 30th cruise - Royal Princess, 10 - 27 Sep. 2014 TA Copenhagen - New York 31th cruise - Royal Princess 19 - 29 Dec, 2014, Christmas, Fort Lauderdale Ret. 32nt cruise - Royal Princess 29 Dec - 08 Jan. 2014/2015, New Years, Fort Lauderdale. Ret. Link to comment Share on other sites More sharing options...
wonderpig Posted November 19, 2013 #7 Share Posted November 19, 2013 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. Link to comment Share on other sites More sharing options...
Karysa Posted November 19, 2013 #8 Share Posted November 19, 2013 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. Link to comment Share on other sites More sharing options...
Waterloomarc Posted November 19, 2013 #9 Share Posted November 19, 2013 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 Link to comment Share on other sites More sharing options...
EdmPair Posted November 19, 2013 #10 Share Posted November 19, 2013 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. Link to comment Share on other sites More sharing options...
Langley Cruisers Posted November 19, 2013 #11 Share Posted November 19, 2013 Generally, the question they will ask at US Customs is, Have you ever been arrested?.. 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. . Link to comment Share on other sites More sharing options...
notentirelynormal Posted November 19, 2013 #12 Share Posted November 19, 2013 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. Link to comment Share on other sites More sharing options...
smeyer418 Posted November 19, 2013 #13 Share Posted November 19, 2013 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) Link to comment Share on other sites More sharing options...
SaskAries Posted November 19, 2013 #14 Share Posted November 19, 2013 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. Link to comment Share on other sites More sharing options...
Gunner22aa Posted November 19, 2013 #15 Share Posted November 19, 2013 (edited) 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 November 19, 2013 by Gunner22aa Link to comment Share on other sites More sharing options...
smeyer418 Posted November 19, 2013 #16 Share Posted November 19, 2013 (edited) 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 November 19, 2013 by smeyer418 Link to comment Share on other sites More sharing options...
Waterloomarc Posted November 19, 2013 #17 Share Posted November 19, 2013 (edited) 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 November 19, 2013 by Waterloomarc Link to comment Share on other sites More sharing options...
Karysa Posted November 19, 2013 #18 Share Posted November 19, 2013 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. Link to comment Share on other sites More sharing options...
hockeyguru32 Posted November 20, 2013 #19 Share Posted November 20, 2013 (edited) 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 November 20, 2013 by hockeyguru32 Link to comment Share on other sites More sharing options...
Karysa Posted November 20, 2013 #20 Share Posted November 20, 2013 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. Link to comment Share on other sites More sharing options...
smeyer418 Posted November 20, 2013 #21 Share Posted November 20, 2013 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 Link to comment Share on other sites More sharing options...
Karysa Posted November 20, 2013 #22 Share Posted November 20, 2013 its the I-94 form and it does NOT ask about arrests or convictions at all... https://i94.cbp.dhs.gov/I94/request.html Correct that's the one. Link to comment Share on other sites More sharing options...
wpgcycler Posted November 21, 2013 #23 Share Posted November 21, 2013 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. Link to comment Share on other sites More sharing options...
Karysa Posted November 21, 2013 #24 Share Posted November 21, 2013 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. Link to comment Share on other sites More sharing options...
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