opronnie

Hi all

Wonder if anyone can help.

We are planning a family holiday to florida next year and my brother who made a few lifestyle choices which resulted in drug convictions 9 years ago then changed his name by deed poll 2/3 years ago.

if we travel to usa on the visa waiver scheme with his new passport and id in his new name would this still come up on immigration checks with his old name?


Thanks for any advice upfront.

OP

Pulaski

He still needs to answer all the landing card questions for "him, as the person". Changing his name does not wipe the slate for things such as arrests and a criminal record, or anything else.

No one can be sure exactly what US immigration knows, but you must assume they know "everything".

opronnie

thanks for the reply...

As it was a drugs charge in his old name that's the concern.

He has changed his name by deed poll and has no other issues anywhere but didn't want to fly to America and be turned away....

Jerseygirl

He must still reveal the drugs charge...whether he has changed his name or not. What was he charged with and what were the drugs involved?

opronnie

and if he doesn't is there a strong possibility of them picking up on this?

Jerseygirl

That question is a non starter. He must declare the conviction.

christmasoompa

Nobody here is going to suggest that he lies to US immigration, please don't ask them to condone it.

Tbh, trying to do that would be idiotic at best. As said above, assume they know everything (I'm sure his new name is linked to his old one in various government databases), and if he tried to enter the US without declaring his criminal record then he'd not only risk being refused entry, but also being banned from the US I believe. Others will know more about the possible repercussions than me, but it's just not worth risking IMO, and would be another stupid 'lifestyle choice' if he even tried it. Hopefully he'll make a sensible choice this time around!

Pulaski

Yes, the US takes drugs and drug convictions VERY seriously. Despite the increasing perception that the US has gone soft on cannabis, the Federal government still takes ALL drugs very seriously.

penguinsix

"No, seriously let me in. I'm not named Osama bin Laden. I changed my name to Fred bin Laden years ago..."

Jerseygirl

As he felt the need to change his name...I presume it must have been a very serious charge. Without further details we are unable to help you other than to say...immigration are probably able to tie the two passports together.

opronnie

thanks for the replys. some a bit too sarcastic perhaps but none the less thanks for taking the time.

Also, I wasn't suggesting that anyone advise my bro to lie that would be ridiculous. this was posted as I read on another forum that people with spent convictions have travelled on a waiver without any issue as the convictions were old and didn't feel the need to declare them and had no problems. Obviously if someone were to take this position and not declare this they are taking a risk but under other circumstances they have not had any problems.

Again thanks for the reply's but sarcastic remarks don't give people asking advice confidence!

Pulaski

There is no such thing as a "spent conviction" under US law.

Jerseygirl

It depends what the conviction was. Having a drugs charge he will not be able to travel in the VWP...he will require a visa. Without further info we cannot tell what his chances of obtaining a visa will be.

christmasoompa

But not declaring them would be a lie? If he's asked about criminal convictions and says he hasn't got any, then that's a lie.

As others have suggested, if you can give more info about the conviction(s) then our resident pros will be able to tell you what his chances are of getting a visa.

Good luck.

mikelincs

10 years ago there was no such thing as the European arrest warrant, which there is now, No-one on here will suggest that he try to get round the requirements to declare his conviction as that would be against Forum rules, even though he has changed his name. If you are coming on here to get some sort of 'official' sanctioning of him lying to US immigration, then it's just not going to happen. He has been found guilty in a court of law, and threfore must face the consequences, if that means having to apply for a visa, being denied and possibly recommended for a waiver than that is what he must do. The solicitor said they could never convict him, but they did, and he was sentenced.