Banned for Life

[rebeccajo 14]

Can you do a backround check on him?

I know here in the States you can, I did a long time ago on my daughter's father. He committed a crime also but I never really beleived his side of the story. I wanted to find out for myself.

Good Luck, and what a great sister you are!

Hmmm...a background check....

I wonder how much that would cost.

I'll be honest, I don't believe what he's saying either....and I don't like that he is with my brother...he's too old for him and his just so....controlling.

I want them to break up, I want my brother to be happy and honestly in my heart, I know he isn't. I try to help him but he won't open up to me...I can never get a moment alone with him anymore, even on the phone.

Thanks for the suggestion!

Eeeeep.

I understand the temptation, but brother is an adult. I kinda think unless you REALLY think he's in some sort of toxic relationship, a background check would be overstepping.

Don't these two have any other friends? I mean - I don't think it's overstepping to discreetly inquire around. You know, a party; a little liquor; tongues start wagging................

[~Laura and Nick~ 5]

Eeeeep.

I understand the temptation, but brother is an adult. I kinda think unless you REALLY think he's in some sort of toxic relationship, a background check would be overstepping.

Don't these two have any other friends? I mean - I don't think it's overstepping to discreetly inquire around. You know, a party; a little liquor; tongues start wagging................

LOL Thanks for your input RJ...I don't know if I could actually do that...

You are so right, what would I do with what I found out? My brother would be furious with me, I know he would...

I just love him so much...sigh.

I'll see what I can do inquiring around a bit....who knows.

Thanks again hon.

Edited May 5, 2009 by ~Laura and Nick~

[Ontarkie 13,944]

Sorry to hear about your brother, my sister says pretty much the same thing about being banned from the states she's not actually banned but they wont let her in. She was caught with drugs at the border and she never had to go to court anywhere they just sent her away and said dont come back.

She would have to get a pardon from the Canadian side and some sort of one from the US side from what she told me. She blames everyone else for her problems though even though its all her own doing.

As for a background check on your brother I dont think you can do it yourself, I wasnt even alloud to get one for my son he had to come with me to get it done.

[Gary and Alla 3,694]

Hey guys!

As an organizer, I'm not even sure if this is in the right forum, so please, move if need be.

I have a mystery to solve.

I recently found out that my brother's boyfriend (let's call him Rick) has a lifetime ban from the United States.

I found this out when in September of 08, my parents, my brother and Rick were suppose to visit Nick and I. My parents and brother came, but Rick came up with some excuse as to why he couldn't come....Anyway, long story short, we found out he is banned from entering the U.S.....and here is his excuse.

HE SAYS...that when he was a minor, he committed a crime (He won't say what this crime was) in CANADA...northern Ontario to be specific. Years later as an adult, he said he was crossing the border into the States for a trip and was asked if he had a record by the customs....he said "no" thinking that because he was a minor when he committed the crime that they wouldn't have that information on their computers....well, he says they did and that the officer at the border then informed him that the United States was then charging him for lying to them and he had to go to court in Buffalo, NY for the lying....and then they banned him from the United States for life.

This story is really confusing my family and so I'm turning to you guys to shed some light.

1. Would American customs have access to files from Canada reguarding crime committed 15 to 20 years prior?

2. Wouldn't they just turn him around and not let him enter instead of charging him?

I'm thinking there is more to the story but I could be wrong....

Thanks guys!!!

I lived and worked in Montreal for a time and have a business aquaintance there, now in his late 40s, that also has a lifetime ban to the the USA for exactly the same thing. Some sort of crime he committed as a teenager when he got involved with some gangs. He had traveled back and forth to the US for some years with no problem. Then the same happened to him, they asked if he had a criminal record, he said "no" and ended up in a world of trouble. Whatever he did then, he is a good guy now and a friend, but he can never come here to visit me, I always have to go to his place.

Also a friend here is not allowed into Canada because of a drunk driving charge he had several years ago, but I think he could get a waiver of some sort if he tried, so apparently there is some sort of interagency communication regarding crimes.

[Kathryn41 3,205]

If the record was a public one listed with the RCMP then yes, the US authorities would have access to it. It must have been something pretty serious if the record is listed even though he was a minor - was he perhaps charged in regular court? A Pardon does not erase that record once it is in the US' knowledge, even though it does in Canada. The US is under no obligation to honour or observe a Canadian pardon.

Your brother's friend was probably charged with misrepresentation when he answered 'no' at the border. That can carry a life time ban from the US. Waivers of the criminal charges are available and I suspect that is what he was referring to - they are expensive and they take a long time to process (no surprise there!). I know this because we kept copies of the waiver form at the MPs office as many truck drivers needed to obtain US waivers for Canadian criminal records in order to be allowed to drive in the US. They always came in asking for pardon forms - which would do them no good in the US - and left with the US waiver forms. It may be that he isn't banned permanently but that he will always need a waiver of criminality - and yes, he would need to renew it regularly if he wanted access to the US - in order to cross the border.

It sounds like your brother's friend is telling the truth but may perhaps be misleading you on the seriousness of the original charge.

[rebeccajo 14]

If the record was a public one listed with the RCMP then yes, the US authorities would have access to it. It must have been something pretty serious if the record is listed even though he was a minor - was he perhaps charged in regular court? A Pardon does not erase that record once it is in the US' knowledge, even though it does in Canada. The US is under no obligation to honour or observe a Canadian pardon.

Your brother's friend was probably charged with misrepresentation when he answered 'no' at the border. That can carry a life time ban from the US. Waivers of the criminal charges are available and I suspect that is what he was referring to - they are expensive and they take a long time to process (no surprise there!). I know this because we kept copies of the waiver form at the MPs office as many truck drivers needed to obtain US waivers for Canadian criminal records in order to be allowed to drive in the US. They always came in asking for pardon forms - which would do them no good in the US - and left with the US waiver forms. It may be that he isn't banned permanently but that he will always need a waiver of criminality - and yes, he would need to renew it regularly if he wanted access to the US - in order to cross the border.

It sounds like your brother's friend is telling the truth but may perhaps be misleading you on the seriousness of the original charge.

Why would there have been a proceeding in a US courtroom?

That's what I can't figure out.

Edited May 5, 2009 by rebeccajo

[Kathryn41 3,205]

It does seem strange but I guess the US has the option to bring charges against someone who violates one of their laws - and lying to an immigration official is considered a violation of the law. I don't think they often go to this extreme but I guess it is within their right. Maybe he was a bit hot-headed with the border official and they decided to retaliate to the full extent of the law, rather than just turning him back at the border.

[Krikit 1,163]

He says that the only way he can enter the U.S. is to get some sort of waiver or something that in his words "he has to keep renewing at a great expense".

Hi Laura. Yes, as some have said, the American and Canadian borders do share information and many Canadians have been refused entry due to past criminal history. Here is a link to the waiver information: CBP FAQ - Waiver for Canadians

[lynamon 0]

My now husband (living in the States) had a felony from when he was young. He was refused entry into Canada back in 2003. After we became serious about spending our lives together he started the process to remove the conditions of not being able to enter Canada (which had to be sent to the Minister of Parliament and did not happen until after I moved to the US and we were married). He was able to come up for three weeks to stay with me in Canada after his Brain surgury by showing up at the border and they gave him special permission for humanitarian reasons. Then when he tried to do the same thing after he had radiation they denied him entry and told him that if he just showed up at the border again without his permission being completed by the Minister of Parliament that they would put him in jail for the attempt. The border guard lady that told him this was a real nasty. I think that they have the ability to do it .. maybe he gave them a hard time and the guard pulled a power trip.

[LiLMermaid 2]

It may not have been a 'serious' charge. The US considers ANY drug charge to be serious so if he was caught with a joint in his pocket .....thats enough for them. Canada its a DUI. Its not a serious charge in the states but Canada won't let you in unless 1. its been over 5 years in which case you can apply for criminal rehabilitation or 2. pay them $200 at the border for a (year long) permit IF they think you deserve one. To get in the USA if you have a criminal record you have to apply in advance and the cost is around $600 AND I believe its only good for ONE visit. I looked into it for my brother because he has a DUI and I think a possesion charge from about 30 years ago :S As for the court case and lifetime ban thing....well if he has a lifetime ban applying for the permit won't do him any good. Sounds like he doesn't want to discuss exactly what the charge was....could be he's just embarrassed about it.

[tallcoolone 102]

Hey guys!

As an organizer, I'm not even sure if this is in the right forum, so please, move if need be.

I have a mystery to solve.

I recently found out that my brother's boyfriend (let's call him Rick) has a lifetime ban from the United States.

I found this out when in September of 08, my parents, my brother and Rick were suppose to visit Nick and I. My parents and brother came, but Rick came up with some excuse as to why he couldn't come....Anyway, long story short, we found out he is banned from entering the U.S.....and here is his excuse.

HE SAYS...that when he was a minor, he committed a crime (He won't say what this crime was) in CANADA...northern Ontario to be specific. Years later as an adult, he said he was crossing the border into the States for a trip and was asked if he had a record by the customs....he said "no" thinking that because he was a minor when he committed the crime that they wouldn't have that information on their computers....well, he says they did and that the officer at the border then informed him that the United States was then charging him for lying to them and he had to go to court in Buffalo, NY for the lying....and then they banned him from the United States for life.

This story is really confusing my family and so I'm turning to you guys to shed some light.

1. Would American customs have access to files from Canada reguarding crime committed 15 to 20 years prior?

2. Wouldn't they just turn him around and not let him enter instead of charging him?

I'm thinking there is more to the story but I could be wrong....

Thanks guys!!!

I lived and worked in Montreal for a time and have a business aquaintance there, now in his late 40s, that also has a lifetime ban to the the USA for exactly the same thing. Some sort of crime he committed as a teenager when he got involved with some gangs. He had traveled back and forth to the US for some years with no problem. Then the same happened to him, they asked if he had a criminal record, he said "no" and ended up in a world of trouble. Whatever he did then, he is a good guy now and a friend, but he can never come here to visit me, I always have to go to his place.

Also a friend here is not allowed into Canada because of a drunk driving charge he had several years ago, but I think he could get a waiver of some sort if he tried, so apparently there is some sort of interagency communication regarding crimes.

Once again this poster comes thru with another great answer

[~Laura and Nick~ 5]

If the record was a public one listed with the RCMP then yes, the US authorities would have access to it. It must have been something pretty serious if the record is listed even though he was a minor - was he perhaps charged in regular court? A Pardon does not erase that record once it is in the US' knowledge, even though it does in Canada. The US is under no obligation to honour or observe a Canadian pardon.

Your brother's friend was probably charged with misrepresentation when he answered 'no' at the border. That can carry a life time ban from the US. Waivers of the criminal charges are available and I suspect that is what he was referring to - they are expensive and they take a long time to process (no surprise there!). I know this because we kept copies of the waiver form at the MPs office as many truck drivers needed to obtain US waivers for Canadian criminal records in order to be allowed to drive in the US. They always came in asking for pardon forms - which would do them no good in the US - and left with the US waiver forms. It may be that he isn't banned permanently but that he will always need a waiver of criminality - and yes, he would need to renew it regularly if he wanted access to the US - in order to cross the border.

It sounds like your brother's friend is telling the truth but may perhaps be misleading you on the seriousness of the original charge.

Kathryn, you rock so much!

Thank you so much for this post....

I think you are right....I don't know anything about this type of thing so I'm relying on you guys for some clarity...

So thank you.

I don't feel my brother is in danger....I just wonder what on earth Rick did....

Thanks again

It does seem strange but I guess the US has the option to bring charges against someone who violates one of their laws - and lying to an immigration official is considered a violation of the law. I don't think they often go to this extreme but I guess it is within their right. Maybe he was a bit hot-headed with the border official and they decided to retaliate to the full extent of the law, rather than just turning him back at the border.

"Hot headed" that is Rick through and through.

He has a super short fuse, I can see him getting very very angry at the border....

That's probably why there was a court case.

[Chica Yeyé 41]

Stinkers, I would concur with sister Rebecca Jo. Rick and your bro are, indeed, adults. And from what I know about your bro, he is smart and committed to Rick.

I personally applaud your brother for not telling you anything --- he is doing what I would do if asked about something Bren regards as private.

Love you and #######

[YuAndDan 153]

Happens in both directions.

I read this one a while ago:

Going to Canada? Check your past

Visitors with minor criminal records turned back at border

Take the case of 55-year-old Lake Tahoe resident Greg Felsch. Stopped at the border in Vancouver this month at the start of a planned five-day ski trip, he was sent back to the United States because of a DUI conviction seven years ago. Not that he had any idea what was going on when he was told at customs: "Your next stop is immigration.''

Felsch was ushered into a room. "There must have been 75 people in line," he says. "We were there for three hours. One woman was in tears. A guy was sent back for having a medical marijuana card. I felt like a felon with an ankle bracelet.'' .......

http://www.sfgate.com/cgi-bin/article.cgi?...2/23/NEVIUS.TMP

[Frenchwife 1]

I'll be honest, I don't believe what he's saying either....and I don't like that he is with my brother...he's too old for him and his just so....controlling.

I am rather chocked by your "he is too old"

you apparently don t like him

and may have ground

but the age comment is not welcome

my brother is with an "older" guy and we are happy for him.

I am myself significantly older than my husband

other people on this forum have age differences

you may have shocked them too.