Border/Customs questions when there is a criminal record involved - Mothering Forums

Forum Jump: 
 
Thread Tools
#1 of 21 Old 10-23-2008, 02:39 PM - Thread Starter
 
thatblondegirl's Avatar
 
Join Date: Jan 2008
Location: southwestern ON
Posts: 703
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
when my DH was young and stupid, he got in some trouble. well, he got in trouble 3 different times. in 98, he got charged with simple assault, minor possession, and in 00 or 01, theft under $5000. he was quite young and stupid at the time, obviously. he pled guilty, paid his fines and served his probation.

now in Feb 2010, my parents want to take our whole family on a vacation together. which would be awesome! but R won't be able to cross the border. we live in canada, will fly from the US and i believe we will be going to mexico.

i'm screwed, right? does anyone know who i can contact to see about what to do to get him allowed to come? i called an immigration lawyer and he told me that for him to help us, R would have to apply for a criminal waiver, which will cost us like $2000. but i just realized now, that that likely only covers entering the US. what about mexico? what if we fly straight from canada to mexico? would that be any easier?

i'm so bummed right now.

any help would be appreciated.
thatblondegirl is offline  
Sponsored Links
Advertisement
 
#2 of 21 Old 10-27-2008, 11:37 AM
Banned
 
happyhippiemama's Avatar
 
Join Date: Apr 2004
Location: out in the hills of iiiiiiowwwwwaaa
Posts: 1,830
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
even though he's served his sentence/probation, he still can't travel? i didn't know that.
happyhippiemama is offline  
#3 of 21 Old 10-27-2008, 01:55 PM
 
bluey's Avatar
 
Join Date: Apr 2004
Location: Wandering, but not lost.
Posts: 1,661
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Why hasn't he applied for a pardon? If you do it now you might get it back in time, it does cost a few $$ (I don't remember how much, a few hundred) it did not cost $1000 - but then, the person in question filled out paperwork etc herself we didn't use a lawyer.

fyi, it's not me, it's my sister who also did something extremely stupid when she was younger and despite the fact that she is now pardoned, she has to live with me knowing about it

mum to a crew...
bluey is offline  
#4 of 21 Old 10-27-2008, 11:25 PM
 
canadianchick's Avatar
 
Join Date: May 2005
Location: Enjoying the early Spring!!! Yeah!
Posts: 3,610
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
My brother cannot visit dd and I because we are now living in the US (have been for 6+ years) and he cannot cross the border for something that he is not willing to tell us about. But I do know that he could apply for a pardon... not sure what the process is but it would be worth looking into. I have heard that if you did something stupid when you are young, they are easier on you, not sure if this is true or not. Also, going to another country first won't matter, you still have to go through customs.

Kim, proud CPS mom to Marnie and my 4 legged kids, Jess, Zander, Oliver, Stumpy and Eddie.
canadianchick is offline  
#5 of 21 Old 10-28-2008, 02:37 PM
 
KaraBoo's Avatar
 
Join Date: Nov 2001
Location: Alb-uh-kirk-ee
Posts: 4,481
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
theft? assault? You can't cross the border if you committed those crimes? I'm shocked! I'm not saying it's not true. Just that I'm shocked.
KaraBoo is offline  
#6 of 21 Old 10-28-2008, 02:43 PM
 
MusicianDad's Avatar
 
Join Date: Jun 2008
Location: Tuponia
Posts: 8,928
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Quote:
Originally Posted by KaraBoo View Post
theft? assault? You can't cross the border if you committed those crimes? I'm shocked! I'm not saying it's not true. Just that I'm shocked.
In this day and age your lucky if you can get across the border with a freakin' parking ticket.:

malesling.GIFMutant Papa to DD (12)hippie.gif and DS (2)babyf.gif, married to DHribbonrainbow.gif
If it looks like I'm trying to pick a fight... I'm not, I'm rarely that obvious.hammer.gif
MusicianDad is offline  
#7 of 21 Old 10-28-2008, 03:24 PM
 
1littlebit's Avatar
 
Join Date: May 2008
Posts: 3,775
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Quote:
Originally Posted by MusicianDad View Post
In this day and age your lucky if you can get across the border with a freakin' parking ticket.:
:
1littlebit is offline  
#8 of 21 Old 10-28-2008, 03:54 PM
 
mcng's Avatar
 
Join Date: Oct 2006
Posts: 480
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
you can fly straight to mexico without going to the US.
mcng is offline  
#9 of 21 Old 10-28-2008, 04:39 PM - Thread Starter
 
thatblondegirl's Avatar
 
Join Date: Jan 2008
Location: southwestern ON
Posts: 703
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
yeah. we might go right from TO to mexico. but he is going to apply for his pardon anyway. hopefully it'll go thru relatively quickly.

the US customs guy told me that when you go thru the US customs, and they run your name, they can see that you have been fingerprinted. but they do not know WHY. they ask you and you obviously tell them and that is how your charges get in their system. and once it is in there, they stay there, pardoned or not. hopefully if R gets his pardon and they question it, they will accept the fact that he got pardoned for it. but we might just play it safe and go thru TO.
thatblondegirl is offline  
#10 of 21 Old 10-28-2008, 05:15 PM
 
bluey's Avatar
 
Join Date: Apr 2004
Location: Wandering, but not lost.
Posts: 1,661
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
In my sisters case, once she got her pardon there was no record of what happened. She has been through to the States many times, the first being the day after her pardon arrived I should note that she has also been stopped at the border many times since - declaring items, routine checks etc etc. It's never come up.

mum to a crew...
bluey is offline  
#11 of 21 Old 10-28-2008, 05:19 PM - Thread Starter
 
thatblondegirl's Avatar
 
Join Date: Jan 2008
Location: southwestern ON
Posts: 703
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
oh, sorry. i meant to say that if you have been turned back ever. Like, R has these charges, and he tried to cross once. they asked him about the fingerprints, and he told them why he was arrested. they turned him back, saying to come back when his probation was up. this was all pre-9/11. but now that they have it in their system, it stays there. for someone who has never been put into the US system, the pardon will seal the fingerprint records and the customs will never see it.
thatblondegirl is offline  
#12 of 21 Old 10-28-2008, 06:03 PM
 
goodygumdrops's Avatar
 
Join Date: Jan 2007
Posts: 1,783
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
I know a friend of mind had a possesions charge and was turned back from trying to cross into Canada. I didn't know you could get a pardon...I wonder if it would be the same in the us too.

"Breastfeeding is a robust, biologically stable activity so central to our evolutionary identity that it names the class of animals to which we belong" (Breastfeeding Atlas, Third Edition)
goodygumdrops is offline  
#13 of 21 Old 10-28-2008, 09:23 PM
 
TinkerBelle's Avatar
 
Join Date: Jun 2005
Posts: 3,282
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Whatever you do, don't just fly into Mexico or try to get around the law. You do not want to end up in a Mexican jail.

Unfortunately, sometimes, when you break the law, the consequences follow you for a long time, even for life.

I am not snarking on your DH. Everyone makes mistakes.
TinkerBelle is offline  
#14 of 21 Old 10-28-2008, 09:26 PM
 
canadianchick's Avatar
 
Join Date: May 2005
Location: Enjoying the early Spring!!! Yeah!
Posts: 3,610
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Quote:
Originally Posted by thatblondegirl View Post
yeah. we might go right from TO to mexico. but he is going to apply for his pardon anyway. hopefully it'll go thru relatively quickly.

the US customs guy told me that when you go thru the US customs, and they run your name, they can see that you have been fingerprinted. but they do not know WHY. they ask you and you obviously tell them and that is how your charges get in their system. and once it is in there, they stay there, pardoned or not. hopefully if R gets his pardon and they question it, they will accept the fact that he got pardoned for it. but we might just play it safe and go thru TO.
What is TO?

Kim, proud CPS mom to Marnie and my 4 legged kids, Jess, Zander, Oliver, Stumpy and Eddie.
canadianchick is offline  
#15 of 21 Old 10-28-2008, 09:56 PM
 
Irishmommy's Avatar
 
Join Date: Nov 2001
Location: In the bat cave with heartmama
Posts: 45,457
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Quote:
Originally Posted by thatblondegirl View Post
yeah. we might go right from TO to mexico. but he is going to apply for his pardon anyway. hopefully it'll go thru relatively quickly.

the US customs guy told me that when you go thru the US customs, and they run your name, they can see that you have been fingerprinted. but they do not know WHY. they ask you and you obviously tell them and that is how your charges get in their system. and once it is in there, they stay there, pardoned or not. hopefully if R gets his pardon and they question it, they will accept the fact that he got pardoned for it. but we might just play it safe and go thru TO.

I was fingerprinted for my landed status in Canada (it was done in Canada), and that in itself has never been questioned at the border. The printing was 14/15 years ago, and we cross at least every other month.
Irishmommy is offline  
#16 of 21 Old 10-28-2008, 09:58 PM
 
Irishmommy's Avatar
 
Join Date: Nov 2001
Location: In the bat cave with heartmama
Posts: 45,457
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Quote:
Originally Posted by canadianchick View Post
What is TO?
Toronto.
Irishmommy is offline  
#17 of 21 Old 10-28-2008, 10:17 PM
 
sapphire_chan's Avatar
 
Join Date: May 2005
Posts: 27,052
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Quote:
Originally Posted by thatblondegirl View Post
oh, sorry. i meant to say that if you have been turned back ever. Like, R has these charges, and he tried to cross once. they asked him about the fingerprints, and he told them why he was arrested. they turned him back, saying to come back when his probation was up. this was all pre-9/11. but now that they have it in their system, it stays there. for someone who has never been put into the US system, the pardon will seal the fingerprint records and the customs will never see it.
This makes me think he'd be fine if his probation is up. Call customs and ask.
sapphire_chan is offline  
#18 of 21 Old 10-28-2008, 10:21 PM
 
canadianchick's Avatar
 
Join Date: May 2005
Location: Enjoying the early Spring!!! Yeah!
Posts: 3,610
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Quote:
Originally Posted by Irishmommy View Post
Toronto.
Ok, that's what I thought. I may be totally wrong but I do not think you can fly into Canada from the US or from Mexico without going through customs.... especially if flying into the Toronto airport, it is freaking huge. I flew in there and got lost. You will either go through before you board the plane or when you get off. I cross the border every few weeks and they are very throrough with me, I can't imagine they are letting non-Canadians fly into the country with no checking them out first. Just my 2 cents worth.

It was different many years ago. I grew up on the border and we crossed all the time with no ID... now it's much, much more difficult.

Kim, proud CPS mom to Marnie and my 4 legged kids, Jess, Zander, Oliver, Stumpy and Eddie.
canadianchick is offline  
#19 of 21 Old 10-29-2008, 12:16 AM
 
bluey's Avatar
 
Join Date: Apr 2004
Location: Wandering, but not lost.
Posts: 1,661
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Quote:
Originally Posted by thatblondegirl View Post
oh, sorry. i meant to say that if you have been turned back ever. Like, R has these charges, and he tried to cross once. they asked him about the fingerprints, and he told them why he was arrested. they turned him back, saying to come back when his probation was up. this was all pre-9/11. but now that they have it in their system, it stays there. for someone who has never been put into the US system, the pardon will seal the fingerprint records and the customs will never see it.
ah! that makes sense.B never got stopped at the border before she got pardoned, mind she only went down a few times before she decided to stop taking the chance of ending up in their system forever!

The things we got up to in our younger days!! My parents must be so proud

mum to a crew...
bluey is offline  
#20 of 21 Old 10-29-2008, 02:53 AM
 
miche28's Avatar
 
Join Date: Sep 2006
Location: Toronto, ON
Posts: 763
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
I'm pretty sure you'll be fine flying directly from Canada to Mexico - the only issue with the US that I know of is a prior drug conviction (I don't think the other charges would bar him).

This isn't a 9/11 thing... more a "war on drugs" thing - that Canada reciprocates. I have a friend who had a um, spirited youth, which briefly included growing a lot of weed in his parents' attic. He can't go to the States, but can travel most everywhere else .

Michelle, mama to Isabelle (03/04) and Tom (02/07)
miche28 is offline  
#21 of 21 Old 10-29-2008, 03:17 AM
 
KaraBoo's Avatar
 
Join Date: Nov 2001
Location: Alb-uh-kirk-ee
Posts: 4,481
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Interesting! I never knew this! So criminals can't cross borders? Surely, they do. I wonder how they do it...should I start a new thread?
KaraBoo is offline  
Reply

User Tag List



Forum Jump: 

Posting Rules  
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are Off