Banned for Life

[~Laura and Nick~ 5]

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!!!

[john & jean 37]

sounds more like there may be an open warrant in the U.S.

[Chica Yeyé 41]

I don't know sister, but I hope your brother is safe

[It's me 1]

I don't know sister, but I hope your brother is safe

Yeah, me too

[Anh map 2,098]

Classes of Aliens Ineligible to Receive Visas

http://travel.state.gov/visa/frvi/ineligib...ities_1364.html

[rebeccajo 14]

Weird.

Maybe some of the Canadian experts would know if there is "information sharing" between Canada and the US.

Misrepresentation at the border can get you a bar for life.

But there's not going to be a court proceeding in New York for a crime committed in Canada. I suppose there could be a BIA hearing in New York for misrepresenting himself.........

[Misty1979 0]

When they process you at the border and do their "checks" they can see if you have a criminal background, so yes, it is possible that his story is true.

Neiks is a CBP officer (on the Canadian side, that is,) but could probably also verify the same, and also give you a better idea as to why or if they would charge him with lying, etc.

[~Laura and Nick~ 5]

Thanks guys.

"Rick" is a good guy, he has a quick temper but I don't feel my brother is in danger (Thanks for those who are concerned, you guys are too sweet)

Rick says he only said "no" to the criminal record charge question because he was told by the police or whoever in Canada that the information wouldn't be shared with anyone because he was a minor when the crime was committed, so he answered the question honestly (or so he says) because he honestly didn't think it would be available to the U.S. officials.

I just found the whole court case in NY thing to be strange.

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".

Something is fishy....maybe we will never find out.

[rebeccajo 14]

Thanks guys.

"Rick" is a good guy, he has a quick temper but I don't feel my brother is in danger (Thanks for those who are concerned, you guys are too sweet)

Rick says he only said "no" to the criminal record charge question because he was told by the police or whoever in Canada that the information wouldn't be shared with anyone because he was a minor when the crime was committed, so he answered the question honestly (or so he says) because he honestly didn't think it would be available to the U.S. officials.

I just found the whole court case in NY thing to be strange.

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".

Something is fishy....maybe we will never find out.

If he's got a bar for life, there's nothing to renew or apply for.

If he's not got the bar, but rather got some sort of charge against him in Canada and wants to travel here, he'd have to go to the Consulate and file for a visitors visa. He'd have to produce his criminal record to get that visa. I'm certain of this because I have a friend here whose fiance had a record in Northern Ireland, but was able to get a visitors visa from the London consulate which he then used to travel on whenever he visited her in the US (instead of traveling on the VWP). For inquiring minds, I'll add that when they filed the K1, he sought a waiver for those convictions and the waiver was granted - but that's got nothing to do our situation here.

I have no idea how 'expensive' it is to get a visitor's visa.

Edited May 5, 2009 by rebeccajo

[~Laura and Nick~ 5]

If he's got a bar for life, there's nothing to renew or apply for.

If he's not got the bar, but rather got some sort of charge against him in Canada and wants to travel here, he'd have to go to the Consulate and file for a visitors visa. He'd have to produce his criminal record to get that visa. I'm certain of this because I have a friend here whose fiance had a record in Northern Ireland, but was able to get a visitors visa from the London consulate (I should add that when they filed the K1, he had to seek a waiver for those convictions and the waiver was granted - but that's got nothing to do with Rick's situation).

I have no idea how 'expensive' it is to get a visitor's visa.

Thanks RJ!

I'm just going off of what Rick has told me....

So...perhaps he is talking about a visitors visa....but he kept using the word "Banned" so...I don't know what the truth is...

I don't know how expensive they are either.

He's still got a charge against him in Canada??? Even though it happened as a minor and he went to court and everything?? He said last night that this has been ruining his life for a long time...so it must have been a serious crime....I'm just wondering if he did something in the States instead of in Canada like he originally has said.

[rebeccajo 14]

If he's got a bar for life, there's nothing to renew or apply for.

If he's not got the bar, but rather got some sort of charge against him in Canada and wants to travel here, he'd have to go to the Consulate and file for a visitors visa. He'd have to produce his criminal record to get that visa. I'm certain of this because I have a friend here whose fiance had a record in Northern Ireland, but was able to get a visitors visa from the London consulate (I should add that when they filed the K1, he had to seek a waiver for those convictions and the waiver was granted - but that's got nothing to do with Rick's situation).

I have no idea how 'expensive' it is to get a visitor's visa.

Thanks RJ!

I'm just going off of what Rick has told me....

So...perhaps he is talking about a visitors visa....but he kept using the word "Banned" so...I don't know what the truth is...

I don't know how expensive they are either.

He's still got a charge against him in Canada??? Even though it happened as a minor and he went to court and everything?? He said last night that this has been ruining his life for a long time...so it must have been a serious crime....I'm just wondering if he did something in the States instead of in Canada like he originally has said.

Or if he did something crossing the border.

It takes a lot to get the bar. A lot. Misrepresenting yourself as a US citizen will get it for you.

Getting caught with something illegal in your pocket can get you a trafficking charge - even for the smallest amount.

Doesn't your brother know the truth about this? If it's something that sinister, I would think Rick should have shared it with him by now.

[~Laura and Nick~ 5]

or maybe he wasn't a minor afterall....

[IrieCat 2]

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!

[~Laura and Nick~ 5]

Doesn't your brother know the truth about this? If it's something that sinister, I would think Rick should have shared it with him by now.

Last night, Nick and I arrived home to visit...I'm in Canada right now....

We talked about this briefly.

Rick got very angry that my mom brought it up...he was super upset.

I don't know if it's because he knows I know people (like you guys) who could clairify some things or what but...

My brother said it wasn't his place to tell me and Rick watches over my brother like a parent sometimes so I don't think my brother would tell me, even if I got him alone (Which is hard to do with Rick around)

....

I mean, I would have found out sooner or later about the ban or whatever it is...we keep inviting them down to visit and eventually, why Rick could never come would have come up....

I don't know what else to do, I may just have to leave it be.

I probably won't find out the truth until either A, I force it out of Rick or B, my brother and him break up.

[~Laura and Nick~ 5]

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!