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Tourist Visa & criminal record

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Irishgirl

Guest
What is the name of your state?
NY
I plan to get married to my live-in partner this March , and intend to do so in NY. Some of my family will be travelling from Europe. I dearly want my brother to be there. The problem is that he overstayed a tourist waiver visa about 7 years ago by 2 or 3 days. He has been advised that should he want to enter the USA again, he will need to apply for a tourist visa from the embassy, contingent on providing proof of non-immigrant intent. This should not be a problem as he is very settled and can provide all the paperwork. However, 3 years ago he acquired a criminal record for throwing a party and selling beer without a liscense and was also the 1st person to be prosecuted under a new law that stated he knowingly allowed the consumption of drugs at his party. Will this kind of conviction deny him entry ? Should he confess to it pre-emptivley or should he just not mention it ? What is the correct protocol ?
Thank you in advance for any advice .
 


HomeGuru

Senior Member
Irishgirl said:
What is the name of your state?
NY
I plan to get married to my live-in partner this March , and intend to do so in NY. Some of my family will be travelling from Europe. I dearly want my brother to be there. The problem is that he overstayed a tourist waiver visa about 7 years ago by 2 or 3 days. He has been advised that should he want to enter the USA again, he will need to apply for a tourist visa from the embassy, contingent on providing proof of non-immigrant intent. This should not be a problem as he is very settled and can provide all the paperwork. However, 3 years ago he acquired a criminal record for throwing a party and selling beer without a liscense and was also the 1st person to be prosecuted under a new law that stated he knowingly allowed the consumption of drugs at his party. Will this kind of conviction deny him entry ? Should he confess to it pre-emptivley or should he just not mention it ? What is the correct protocol ?
Thank you in advance for any advice .
**A: he should hire an immigration attorney.
 
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Immigrantguide

Guest
I agree. he should not leave the country with out the advice of an attorney that can look at the specifics, including the law he was convicted under, in this case
 
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Irishgirl

Guest
Tourist Visa & Brother

Thank you for your repsonse. He needs to apply to the American embassy in London, which is where he lives, before he gets on a plane, to secure a vistors visa. Due his previous overstay, he doesn`t have the luxury of availing of the visa waiver scheme. What I am wondering is should he declare his previous record- I don`t think it renders him inadmissable , but what happens if there is no American equivalent to the crime he comimited ? I don`t think there is in NY at least. If he omits to mention his record, what are the consequences ?
Thank you
 

HomeGuru

Senior Member
Re: Tourist Visa & Brother

Irishgirl said:
Thank you for your repsonse. He needs to apply to the American embassy in London, which is where he lives, before he gets on a plane, to secure a vistors visa. Due his previous overstay, he doesn`t have the luxury of availing of the visa waiver scheme. What I am wondering is should he declare his previous record- I don`t think it renders him inadmissable , but what happens if there is no American equivalent to the crime he comimited ?

**A: then the US can invoke the next highest penalty for a similar crime. It's called an upline invocation.
********

I don`t think there is in NY at least. If he omits to mention his record, what are the consequences ?
Thank you

**A: death by firing squad.
 

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