Advice: traveling home VIA US airport with record

book_lover

Hi all,

I wouldn't normally be posting about this, but can't find answers to exact questions on google... we are having a family holiday to Cancun soon (v much looking forward to it). All booked. Just found out we are flying home via a US airport (direct flight on way out). Now - hubby has an old conviction for growing pot, threw the book at him but circa 20 years ago. He actually has a pretty nasty and rare form of arthritis hence the growing! but that's by the by... because of this he never wanted to travel to US in case refused entry.

Travel is very soon, and I suspect it's unlikely a problem on coming home (i.e. don't think we even pass through immigration?). I think you complete an ESTA if stopping over on way OUT, but do you if you have two hours in a US airport on way home? Even if they found he had a record, would they do anything given he's simply getting on a flight out of there very soon anyway?

I do know someone who recently travelled throughout US and Canada with petty stuff on his record and didn't declare it on ESTA form, and had no problems.

whatmichaelsays

book_lover wrote: »

Hi all,

I wouldn't normally be posting about this, but can't find answers to exact questions on google... we are having a family holiday to Cancun soon (v much looking forward to it). All booked. Just found out we are flying home via a US airport (direct flight on way out). Now - hubby has an old conviction for growing pot, threw the book at him but circa 20 years ago. He actually has a pretty nasty and rare form of arthritis hence the growing! but that's by the by... because of this he never wanted to travel to US in case refused entry.

Travel is very soon, and I suspect it's unlikely a problem on coming home (i.e. don't think we even pass through immigration?). I think you complete an ESTA if stopping over on way OUT, but do you if you have two hours in a US airport on way home? Even if they found he had a record, would they do anything given he's simply getting on a flight out of there very soon anyway?

I do know someone who recently travelled throughout US and Canada with petty stuff on his record and didn't declare it on ESTA form, and had no problems.

You need an ESTA if you are transiting to or via the US in any direction.

If he isn't eligible for an ESTA he can apply for a transit visa: http://london.usembassy.gov/transit.html

As for what he should / shouldn't declare, that's a decision for him and him alone to make. There's lots of anecdotal evidence of people not declaring convictions and getting through immigration without an issue, but there's also lots of stories of people being turned around and flown back from whence they came.

book_lover

thanks for the reply.

My question is: we're travelling quite soon btw and no time to do the visa.

We're not going IN to the US, only transiting. But we need an ESTA, ok. We will tick no. But - if they decide to check and find he has a record, what could they do, given he is already headed home?

ETA I expect the repercussions would be worse if we were transiting on way TO the holiday, because he would be sent home and not reach Cancun.

InsideInsurance

book_lover wrote: »

Travel is very soon, and I suspect it's unlikely a problem on coming home (i.e. don't think we even pass through immigration?). I think you complete an ESTA if stopping over on way OUT, but do you if you have two hours in a US airport on way home? Even if they found he had a record, would they do anything given he's simply getting on a flight out of there very soon anyway?

Everyone that gets off a plane in the USA has to go through immigration and therefore he either needs an ESTA or a Transit Visa

Last time I checked criminal offenses for controlled substances means you cannot apply for an ESTA which would push him down the Transit Visa route but its up to you how honest you want to be/ what risks you are willing to take.

book_lover

thank you - it would depend what the risks actually are, I guess that's what I'm trying to find out. If it means him being told off, and being told he can't enter US again without applying for a visa - no biggie. If the risks are greater then we need to consider that. If it's being sent home - well, he's on his way home anyway....

InsideInsurance

book_lover wrote: »

thank you - it would depend what the risks actually are, I guess that's what I'm trying to find out. If it means him being told off, and being told he can't enter US again without applying for a visa - no biggie. If the risks are greater then we need to consider that. If it's being sent home - well, he's on his way home anyway....

As said above, you are sent back from where you came from and not sent home.

Obviously before that is likely to be questioning (BIL was held 6 hours being questioned but was allowed through) and you MAY be held in a cell/ detention centre whilst you wait for the next flight back to where you came from with space for you by the carrier that brought you to USA

On the basis this is the return leg then he'd be deported back to mexico on the next BA flight with a spare seat. He will then presumably want to buy a new flight from Mexico to the UK and not go via USA

book_lover

Thanks.

Do you mean your BIL was questioned and what did he fail to declare?

book_lover

It's BA we're flying with.

InsideInsurance

book_lover wrote: »

Do you mean your BIL was questioned and what did he fail to declare?

Nothing, they didnt believe he was travelling for a holiday as he had little money and no credit card on him. He was going to be with us and we were going to be paying the bills (he doesnt drink, smoke or do anything much other than watch TV or play games on his laptop).

You can only assume they believed he was intending to work hence not having monies. Took a lot of having to offer to show bank accounts and credit card limits to convince them we had the funds to cover it. They even said at the end that if he had flown in with us rather than separately that they'd have probably waived him through.

As a matter of point, he had something like $400 when he came and when he left he still had around $250 left

book_lover

Ah, ok. I think, reading up on experiences across the web, that the risks are fairly low here. The holiday is booked - most people wouldn't know to think about this stuff I imagine anyway - and we only realised that we were going home via US later. We shall do the visa waiver 3 days before departing Mexico, online. It's believable after all that we didn't know it was necessary until after we arrived in Mexico. We'll tick no on the visa waiver (too late to go for interview for transit visa). If questioned I think (as the conviction is so old) that he should reference the rehabilitation of offender's act (in the sense that he didn't realise he needed to declare spent convictions) and be reasonable, explaining we didn't holiday in the US, only passing through - we found out after booking that this was necessary, and didn't realise until landing in Mexico that we would need to complete visa waiver. All this on the small chance he is checked up on. I don't see what else we can do but not going on holiday isn't an option - the small risk of his being backtracked to Mexico whilst the kids and I proceed without him, we'll have to take I guess.

InsideInsurance

Have you spoken to your holiday booking company of any option to change the flight?

I wouldnt want to comment on what the probabilities of being caught are as I dont have a clue of what checks they do. I know that in the 5 times I've had to do them they have all initially gone to "pending" (or something similar) and then within 10 minutes changed to say its been given. Even managed to get the Mrs' one when I accidentally entered her DOB wrong (and got another when I had submit a new application with her correct DOB).

Most say the whole thing is just a money generating scam which I suspect it is but without background knowledge I wouldnt want to comment.