Possible to get into US with a criminal record?

Question

I'm from Australia, going to the US for a couple of weeks, after staying a while in Hong Kong. I have a current Aussie passport so I should be fine without visa, right?

The real problem is that my brother was convicted for fraud about 20 years ago. He's worried he can't get into the US, and wants to back out of the trip. I think he's being a bit ridiculous, but it's because of an pride issue he has. He doesn't want to have to go to a lot of trouble digging up all these old documents from a past that he's ashamed of.

Does anyone know how tightly regulated the system is, and how far they would go into investigating his past? What's the likelihood he'll be successful in getting a visa?

Answer 1

People with criminal records are generally not allowed into the United States, even for a short time.

If your brother can, or if you can, phone the American Embassy in Australia for possible entry conditions and terms and clarifications. Afterall, 20 years is a long time ago. Don't give your real name, eh? Or, your brother's. Just say you are asking out of general interest.

In your brother's case, if time permits, and if you can put your trip off, your brother can ask for a pardon. They can be granted in Australia if your brother's crime was not so serious. I just don't know how fast a pardon can be had. He will have to dig up those old documents for this, but once a pardon is in place, his past criminal history cannot be revealed by your authorities to other authorities.

If it is not on the American system already, my guess is that he is in good shape to go after the pardon. Again, just don't give your real names when talking to the Embassy, because they will be on to things, won't they? Just ask if a pardoned Australian inmate can visit the United States. Why? Because PARDONNED people no longer have criminal records, and the criterion to eliminate your brother's visit to the United States itself is moot.

best wishes.

Alternatively, why not go to Canada! The Canadian dollar is worth less than the American again, and you will get more bang for your buck. Also, if your friends are close-by, maybe they can come to Canada for a visit.

Answer 2

Since you are not applying for a visa, I doubt that the immigration would spend time on digging into your brother's past.

Unless he is on the wanted list by the FBI or CIA

Life is full of risks.  Take a risk and just enjoy your trip  :)

*..*

Answer 3

Listen to Yack rider opinion i second it to be precise

Answer 4

I can't be totally sure that what I am saying is right, but I got a visa for the USA last year, which was a long lengthy process and yes, you can be refused admission on the grounds you have a criminal record, this would be a decision for the American embassy though. However, you say you're only going for 2 weeks? I don't think that you even have to apply for a holiday visa never mind any other kind of visa, so as long as you have current passports and a return ticket no-one should be refused admission.

Have a great time!

Answer 5

Your brother will need a visa.  He should have no problem getting it.  As an Australian, you, assuming you have no criminal record will be able to come without a visa on the visa waiver program.

Your brother should NOT lie and say he has no criminal record trying to come without a visa.  That's an invitation to huge legal problems.