Entering U.S with a criminal record

[girlonbeach]

Hi.

I was wondering if anyone may be able to advise me with a situation?

My friend is entering the U.S on his way to stay with me in Brasil. He will be entering JFK airport and departing from Miami international the next day.

He has a recent 9 month consolidation discharge. All from the same incident:
2 Drunk and disorderly
1 Possession of a motor vehicle while under the infulence of alcohol.

Does anyone know how a consolidation discharge may effect his entery to the U.S.A?

Many Thanks!!

[jno]

Does that mean he wasn't charged with anything, or what? It will also depend where he's coming from. My guess is that he should just fill out the visa waiver form on the aircraft and say he hasn't been convicted of anything significant.

[Buenchico]

Like Jno, I've never heard of a 'consolidation discharge' in relation to criminal law. Googling the phrase doesn't help either. It seems to refer solely to financial matters; I can find no reference to it being used, in any country, in relation to criminal law.

If your friend holds a passport from a country which would (if he didn't have criminal convictions) entitle him to use the Visa Waiver Program, he would be well advised to 'forget' his convictions and enter under the VWP. Otherwise, he'll have to apply for a visa. The application process (in the UK) typically takes around 5 or 6 months and involves both expense and inconvenience.

The US immigration authorities don't have direct access to the criminal records of any other countries (except for Canada). Unless he's suspected of cross-border crime (such as drug-trafficking, terrorism or sex tourism), the US authorities won't know anything about him.

Chris

[girlonbeach]

Having just spoken to my friend he has explained that a consolidation discharge is a warning and not a criminal record. If he happens to break the law within the next nine months he will be charged with all three crimes.

Thanks both of you for your answers. We were starting to panic a bit!

Kate.