Can I travel into USA and Canada
Mar 30, 2017, 3:40 am
#1
Original Poster
Join Date: Mar 2017
Posts: 3
Can I travel into USA and Canada
Hi, Can I travel to the USA and Canada if I have a pending charge. I'm from Australia and I'm meant to be travelling in about a week and a bit but I got caught with some cannabis last weekend. I haven't received the paper work for the charge or court date. The officers said I can travel and they know all the travel details, he even told me to answer "No" to the question about "Have you been arrested or convicted" because I wasn't arrested and I haven't been convicted (yet) but I'm worried about immigration. I haven't received my charge papers or court date yet and I have a lawyer which can attend my court date if it is on while I'm overseas. The lawyer also reckons I'll be fine to travel. Does anyone know if pending charges come up on the immigration system? Any help would be greatly appreciated. Thank you.
Mar 30, 2017, 11:40 am
#2
Join Date: Jul 2006
Location: NYC
Programs: DL PM, Marriott Gold, Hertz PC, National Exec
Posts: 6,736
Hi, Can I travel to the USA and Canada if I have a pending charge. I'm from Australia and I'm meant to be travelling in about a week and a bit but I got caught with some cannabis last weekend. I haven't received the paper work for the charge or court date. The officers said I can travel and they know all the travel details, he even told me to answer "No" to the question about "Have you been arrested or convicted" because I wasn't arrested and I haven't been convicted (yet) but I'm worried about immigration. I haven't received my charge papers or court date yet and I have a lawyer which can attend my court date if it is on while I'm overseas. The lawyer also reckons I'll be fine to travel. Does anyone know if pending charges come up on the immigration system? Any help would be greatly appreciated. Thank you.
If so, I can't imagine that something which hasn't led to a conviction, or even a formal charge, would make it into from Australia into the CBP system.
Mar 30, 2017, 12:59 pm
#3
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Join Date: Aug 2010
Location: DCA
Programs: UA US CO AA DL FL
Posts: 50,262
No way to tell and local Australian cops have no way of answering that question. Nor do you.
Your supposition that CBP will only ask "the question" you set forth is just supposition. It could be framed differently.
Anybody here who tells you "they are sure" is not or does not know.
Your supposition that CBP will only ask "the question" you set forth is just supposition. It could be framed differently.
Anybody here who tells you "they are sure" is not or does not know.
Apr 1, 2017, 7:39 am
#5
Original Poster
Join Date: Mar 2017
Posts: 3
Thanks for the replies
Just an update.
I saw a lawyer and he believes he will be able to get the charges off my recorded when it goes to court if it does. He also believes ill be fine to travel to the USA and Canada but he can't guarantee that. I've been trying to call around everywhere to find a definite answer but no luck. Does anyone know someone or a phone number which i can call to find a answer to my question?
Today I also rang the Police to try and find out my charges because i haven't received them yet but when they look at my records they saw there is a pending charge but it hasn't been completed yet. I guess a new question to ask is, Can you travel to the USA and Canada if you have a pending charge on your criminal record? Also does anyone know if Canada or the USA can see NSW police records if there is just a pending charge on there? Just stressing out about my travels. Any help would be great thank you
Just an update.
I saw a lawyer and he believes he will be able to get the charges off my recorded when it goes to court if it does. He also believes ill be fine to travel to the USA and Canada but he can't guarantee that. I've been trying to call around everywhere to find a definite answer but no luck. Does anyone know someone or a phone number which i can call to find a answer to my question?
Today I also rang the Police to try and find out my charges because i haven't received them yet but when they look at my records they saw there is a pending charge but it hasn't been completed yet. I guess a new question to ask is, Can you travel to the USA and Canada if you have a pending charge on your criminal record? Also does anyone know if Canada or the USA can see NSW police records if there is just a pending charge on there? Just stressing out about my travels. Any help would be great thank you
Apr 4, 2017, 1:46 am
#6
Moderator: Manufactured Spending
Join Date: Jul 2011
Posts: 6,580
CBP does not routinely ask about pending charges, and has no way to see NSW police records. So most likely you will not have any problem. You will be asked if you have ever been arrested or convicted, and you can truthfully answer no. Do not lie, but do not volunteer information either. Answer only what is asked. Of course there is never any guarantee when it comes to immigration, but in all likelihood you will not have any problem.
Apr 4, 2017, 1:57 am
#7
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Join Date: Oct 2006
Location: Atherton, CA
Programs: UA 1K, AA EXP; Owner, Green Bay Packers
Posts: 21,690
Thanks for the replies
Just an update.
I saw a lawyer and he believes he will be able to get the charges off my recorded when it goes to court if it does. He also believes ill be fine to travel to the USA and Canada but he can't guarantee that. I've been trying to call around everywhere to find a definite answer but no luck. Does anyone know someone or a phone number which i can call to find a answer to my question?
Today I also rang the Police to try and find out my charges because i haven't received them yet but when they look at my records they saw there is a pending charge but it hasn't been completed yet. I guess a new question to ask is, Can you travel to the USA and Canada if you have a pending charge on your criminal record? Also does anyone know if Canada or the USA can see NSW police records if there is just a pending charge on there? Just stressing out about my travels. Any help would be great thank you
Just an update.
I saw a lawyer and he believes he will be able to get the charges off my recorded when it goes to court if it does. He also believes ill be fine to travel to the USA and Canada but he can't guarantee that. I've been trying to call around everywhere to find a definite answer but no luck. Does anyone know someone or a phone number which i can call to find a answer to my question?
Today I also rang the Police to try and find out my charges because i haven't received them yet but when they look at my records they saw there is a pending charge but it hasn't been completed yet. I guess a new question to ask is, Can you travel to the USA and Canada if you have a pending charge on your criminal record? Also does anyone know if Canada or the USA can see NSW police records if there is just a pending charge on there? Just stressing out about my travels. Any help would be great thank you
The questions you're most likely to be asked will be purpose of your trip, how long you plan to stay, and whether you plan to meet anyone in the country. Rarely for younger travelers, etc., you'll be asked about a return ticket.
The chances you'll have any problems are extremely low.
Have a great trip!