Can they check? College questions
Jun 2nd 2003, 12:02 pm
#1
Guest
Posts: n/a
Re: Can they check? College questions
I don't have any first-hand experience, but what I know about the
situation is a bunch of individual facts that together come down on the
side of "they can't check".
- The US does have some limited data links with other countries, and in
particular with visa waiver countries. Primarily, the US requires
countries that participate in the visa waiver program to report the
passport numbers of any stolen passport blanks and passports that have
been used in frauds. I don't know if the passport numbers of convicted
criminals also have to be entered into this system, but I doubt it.
The US also requires that countries participating in the visa waiver
program use machine readable passports (although this requirement is not
fully enforced right now for political reasons).
- This system in the past has proven unreliable, fortunately usually in
favor of the applicant. That is, passport numbers that were supposed to
show up didn't, for a variety of reasons.
- Criminal background checks are not usually conducted for every
traveller. They are conducted for applicants from certain countries (post
9/11) when they apply for a visa at a consulate (such people generally are
ineligible for the visa waiver in the first place), and of for certain
types of visa, such as immigrant visas, fiance visas and the like.
- The criminal background check takes one of three forms: applicants for
an immigrant visa at a US consulate are required to provide police reports
from every location outside the US they spent more than six months in
since their 16th birthday. Applicants for non-immigrant visas are
fingerprinted and their fingerprints and identifying information is
submitted to the FBI and CIA. This happens within the consulate.
Applicants for naturalization and adjustment of status are also
fingerprinted and their fingerprints and identifying information is
submitted to the FBI and CIA. This happens within BCIS.
Independent of all this, consulates and BCIS both have antifraud divisions
that investigate suspicious cases.
- Such a criminal background check takes weeks or months and does not
happen at the POE.
- The primary enforcement mechanism of immigration laws is through asking
the applicant for admission and severe penalties for lying (up to and
including a lifetime ban from the US).
On Mon, 02 Jun 2003 15:47:12 +0000, Alan Williams wrote:
> I am working in the Law Dept of Stafford University and carrying out a
> discussion about Visa Waivers at POE (as part of Data Protection and The
> Person Course work)and the legal implications of whether or not the
> Immigration Authorities at POE (point of Entry) can access a persons record
> of Criminality in the UK ? Majority of my students are going down the line
> of - No they cannot check. What I'm looking for is evidence (by email) of
> any person entering US on Tourist Visa Waiver Program WITH a criminal
> record, that was not discovered at point of entry or at anytime afterwards,
> and have you re-entered since your initial visit? Anyones help would be
> appreciated.
--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.
Please visit my new FAQ at http://www.kkeane.com (still under construction)
My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.
Please feel free to enjoy some of my photographs at my new Web site
http://www.ingopakleppa.com ! Comments are welcome.
situation is a bunch of individual facts that together come down on the
side of "they can't check".
- The US does have some limited data links with other countries, and in
particular with visa waiver countries. Primarily, the US requires
countries that participate in the visa waiver program to report the
passport numbers of any stolen passport blanks and passports that have
been used in frauds. I don't know if the passport numbers of convicted
criminals also have to be entered into this system, but I doubt it.
The US also requires that countries participating in the visa waiver
program use machine readable passports (although this requirement is not
fully enforced right now for political reasons).
- This system in the past has proven unreliable, fortunately usually in
favor of the applicant. That is, passport numbers that were supposed to
show up didn't, for a variety of reasons.
- Criminal background checks are not usually conducted for every
traveller. They are conducted for applicants from certain countries (post
9/11) when they apply for a visa at a consulate (such people generally are
ineligible for the visa waiver in the first place), and of for certain
types of visa, such as immigrant visas, fiance visas and the like.
- The criminal background check takes one of three forms: applicants for
an immigrant visa at a US consulate are required to provide police reports
from every location outside the US they spent more than six months in
since their 16th birthday. Applicants for non-immigrant visas are
fingerprinted and their fingerprints and identifying information is
submitted to the FBI and CIA. This happens within the consulate.
Applicants for naturalization and adjustment of status are also
fingerprinted and their fingerprints and identifying information is
submitted to the FBI and CIA. This happens within BCIS.
Independent of all this, consulates and BCIS both have antifraud divisions
that investigate suspicious cases.
- Such a criminal background check takes weeks or months and does not
happen at the POE.
- The primary enforcement mechanism of immigration laws is through asking
the applicant for admission and severe penalties for lying (up to and
including a lifetime ban from the US).
On Mon, 02 Jun 2003 15:47:12 +0000, Alan Williams wrote:
> I am working in the Law Dept of Stafford University and carrying out a
> discussion about Visa Waivers at POE (as part of Data Protection and The
> Person Course work)and the legal implications of whether or not the
> Immigration Authorities at POE (point of Entry) can access a persons record
> of Criminality in the UK ? Majority of my students are going down the line
> of - No they cannot check. What I'm looking for is evidence (by email) of
> any person entering US on Tourist Visa Waiver Program WITH a criminal
> record, that was not discovered at point of entry or at anytime afterwards,
> and have you re-entered since your initial visit? Anyones help would be
> appreciated.
--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.
Please visit my new FAQ at http://www.kkeane.com (still under construction)
My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.
Please feel free to enjoy some of my photographs at my new Web site
http://www.ingopakleppa.com ! Comments are welcome.
Jun 2nd 2003, 3:47 pm
#2
Guest
Posts: n/a
Can they check? College questions
I am working in the Law Dept of Stafford University and carrying out a
discussion about Visa Waivers at POE (as part of Data Protection and The
Person Course work)and the legal implications of whether or not the
Immigration Authorities at POE (point of Entry) can access a persons record
of Criminality in the UK ? Majority of my students are going down the line
of - No they cannot check. What I'm looking for is evidence (by email) of
any person entering US on Tourist Visa Waiver Program WITH a criminal
record, that was not discovered at point of entry or at anytime afterwards,
and have you re-entered since your initial visit? Anyones help would be
appreciated.
discussion about Visa Waivers at POE (as part of Data Protection and The
Person Course work)and the legal implications of whether or not the
Immigration Authorities at POE (point of Entry) can access a persons record
of Criminality in the UK ? Majority of my students are going down the line
of - No they cannot check. What I'm looking for is evidence (by email) of
any person entering US on Tourist Visa Waiver Program WITH a criminal
record, that was not discovered at point of entry or at anytime afterwards,
and have you re-entered since your initial visit? Anyones help would be
appreciated.
Jun 2nd 2003, 7:05 pm
#3
Guest
Posts: n/a
Re: Can they check? College questions
Presume that the US / Canada / Mexico and that are probably the
ones with strongest data links
Ingo Pakleppa wrote:
> - The US does have some limited data links with other countries, and in
> particular with visa waiver countries. Primarily, the US requires
> countries that participate in the visa waiver program to report the
> passport numbers of any stolen passport blanks and passports that have
> been used in frauds. I don't know if the passport numbers of convicted
> criminals also have to be entered into this system, but I doubt it.
ones with strongest data links
Ingo Pakleppa wrote:
> - The US does have some limited data links with other countries, and in
> particular with visa waiver countries. Primarily, the US requires
> countries that participate in the visa waiver program to report the
> passport numbers of any stolen passport blanks and passports that have
> been used in frauds. I don't know if the passport numbers of convicted
> criminals also have to be entered into this system, but I doubt it.
Jun 4th 2003, 1:27 am
#4
Guest
Posts: n/a
Re: Can they check? College questions
Some VW countries, such as France, have very strict privacy laws and don't
even have such things as "arrest records" that can be publicly available
like in the US.
Only criminal *convictions* are included on the record, that is only
available at the request of the person in question (or at the request of the
court, for a legitimate purpose).
I believe the UK also respects the right of its residents to privacy.
Unless you are a drug lord wanted by the Interpol, no information will be
sent without your consent.
Numbers of stolen/lost passports ARE shared between countries as it does not
affect any individual's rights, passports being the property of the issuing
state.
"dave paget" wrote in message
news:[email protected]...
> Presume that the US / Canada / Mexico and that are probably the
> ones with strongest data links
> Ingo Pakleppa wrote:
> > - The US does have some limited data links with other countries, and in
> > particular with visa waiver countries. Primarily, the US requires
> > countries that participate in the visa waiver program to report the
> > passport numbers of any stolen passport blanks and passports that have
> > been used in frauds. I don't know if the passport numbers of convicted
> > criminals also have to be entered into this system, but I doubt it.
even have such things as "arrest records" that can be publicly available
like in the US.
Only criminal *convictions* are included on the record, that is only
available at the request of the person in question (or at the request of the
court, for a legitimate purpose).
I believe the UK also respects the right of its residents to privacy.
Unless you are a drug lord wanted by the Interpol, no information will be
sent without your consent.
Numbers of stolen/lost passports ARE shared between countries as it does not
affect any individual's rights, passports being the property of the issuing
state.
"dave paget" wrote in message
news:[email protected]...
> Presume that the US / Canada / Mexico and that are probably the
> ones with strongest data links
> Ingo Pakleppa wrote:
> > - The US does have some limited data links with other countries, and in
> > particular with visa waiver countries. Primarily, the US requires
> > countries that participate in the visa waiver program to report the
> > passport numbers of any stolen passport blanks and passports that have
> > been used in frauds. I don't know if the passport numbers of convicted
> > criminals also have to be entered into this system, but I doubt it.
