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Fingerprinting and photo when entering USA

Discussion in 'Your Questions' started by Guest, Oct 25, 2005.

  1. Guest

    Guest Guest

    Hi
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    I am travelling to Hawaii soon and have heard that all travellers entering the US get fingerprinted and photographed and checked for prior convictions. I was found guilty of "Offensive Behavior" about 14 years ago (if you want to know why message me) but no conviction was recorded. Should I expect any hassles about this. It was an embarassing incident and I am travelling with others so would prefer they dont find out what I got up to. Any ideas.
     
  2. thadocta

    thadocta Active Member

    I believe that they only want to know about criminal covictions, so an "offence proven, no conviction" *should* be fine.

    As for the fingerprinting, I do not believe that the technology affordably exists for them to fingerprint you on arrival and then scan the fingerprint database of every police force in the world, and then return the findings, in the time it takes for you to get out of the airport. I think it used more as a check to make sure that everyone who enters acually leaves (if they instituted proper departure control procedures then they wouldn't have a concern regarding this).

    Dave
     


  3. Dave Noble

    Dave Noble Senior Member

    Oct 10, 2005
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  4. NM

    NM
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    My understanding is that the photograph and fingerprints are stored as a reference against your passport details. The first time your passport is used to enter the USA, these things are recorded. On subsequent entries using that passport, the photo and finger prints are used to ensure it is being used by the same person.

    However, I did not write the computer system, and I do not trust the USA government to tell us all the details of how they use the information.
     
  5. BlacKnox

    BlacKnox Active Member

    Jan 29, 2005
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    My friend, roughly around the same time was found guilty of "Indecent Exposure" (peeing on the street), with no conviction recorded. He's a partner in a law firm now in the banana state :p , and I doubt he supplies details about this indiscretion when travelling and answering entry forms. I hope this gives you a little confidence about travelling to the U.S.
     


  6. serfty

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    Disclaimer: I do not work in the legal profession.

    Google: "Passed Convictions" and select pages from Australia.

    You should be fine. e.g.
     
  7. Alan in CBR

    Alan in CBR Member

    Apr 2, 2004
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    I happen to have an I-94W Visa Waiver form in front of me.

    The relevant question is:

    It's interesting that they refer to "arrested or convicted" (not "and"). Also interesting that a single conviction does not have to be declared (unless it falls under the very vague umbrella of "moral turpitude").

    I have no idea whether the US would consider "offensive behaviour" a crime involving moral turpitude.
     
  8. Mal

    Mal Enthusiast

    Dec 25, 2004
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    Moral turpitude (Never knew what that meant until I read this thread!) seems to be reserved for fairly serious crimes.

    Eg:
    http://www.usdoj.gov/usao/eousa/foia_reading_room/usam/title9/crm01934.htm

    "The term "involving moral turpitude" is difficult to define with precision. However, a challenge to this designation as being unconstitutionally vague has been rejected.

    Chu v. Cornell, 247 F.2d 929 (9th Cir. 1957), cert. denied 355 U.S. 892 (1958). Administrative case law has characterized moral turpitude as "a nebulous concept, which refers generally to conduct that shocks the public conscience." Obviously, offenses such as murder, voluntary manslaughter, kidnaping, robbery, and aggravated assaults involve moral turpitude. However, assaults not involving dangerous weapons or evil intent have been held not to involve moral turpitude. Conspiracy, attempt, or being an accessory involves moral turpitude if the underlying offense involves moral turpitude. There is administrative and judicial case law holding that any crime having as an element the intent to defraud is a crime involving moral turpitude. See Gordon and Mailman, Immigration Law and Procedure, § 75.05[1][d]. "

    Other sites indicate that sex crimes where "lewd" behaviour occurs may also match up for moral turpitude.

    Spose the only ones who would know is a good immigration lawyer and/or the US themselves.
     
  9. JohnK

    JohnK Veteran Member

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    Did something exciting happen?

    The OP is now Guest and hawnee69 is no longer a member :!: :?
     
  10. Guest

    Guest Guest

    For unexplainable reasons I checked into this with my attorney last year.

    Their system is linked to the criminal database, but not to any civil databases. Your fingerprint is sent to a central pc, added, scanned, and as long as it matches previous entries (and password as NM says) you're fine.

    Some strong words there NM ;)

    Google "failure" and click "im feeling lucky"

    Welcome to USA!
     
  11. serfty

    Moderator

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    I received an extremely crude PM from mr 'horney' 69. Being the stout fellow that I am I simply deleted it and went on with my business. I would guess that I was not the only recipient of that garbage.
     
  12. straitman

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    Like wise. :p :p :p
     
  13. Mal

    Mal Enthusiast

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    I feel like I missed out on something!!!
     
  14. JohnK

    JohnK Veteran Member

    Mar 22, 2005
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    I remember you mentioning this a while back but did not think that it was this serious. :?

    Anyway hopefully all is OK is now.
     
  15. JohnK

    JohnK Veteran Member

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    So do I Mal. Part of life.

    You blink and the world spins on it's axis. :oops:

    Would love to know what ultimately initiated the ban. I don't think we will ever know unless we have inside information. :?
     
  16. QF WP

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    Well, looks like my PM in-box missed the barrage but it seems they got what they deserved. admin won't broach cr*p like that being bandied around.

    I'm actually looking foward on my upcoming USA trip, to being fingerprinted...peverse way of thinking, I know, but I have a clean record :roll: .
     
  17. JohnK

    JohnK Veteran Member

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    Sorry Lindsay. :?

    Would love to know what initiated expulsion. :?

    Must have been serious for admin to take action. Anyway life carries on regardless.
     
  18. thadocta

    thadocta Active Member

    I got one too, was cool with it, but alerted admin in case someone else got one who wasn't comfortable it it.

    Should have been obvious by his user name.

    FWIW, looking at various discussions I have had with this user, I will be forwarding on the logs to the child protection agencies of various police agencies. He may or may not have been a target before, he certainly will be now.

    Dave
     
  19. thadocta

    thadocta Active Member

    I notifid admin, but said that I was cool with it. I was also aware that others might not be. (admin, please confirm this).

    Seems the OP was way out of line (which is why I chose to alert admin, but NOT escalate it to a complaint).

    Dave
     
  20. Maca44

    Maca44 Established Member

    Sep 2, 2005
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    I appreciate that some people might be curious about why the OP was deleted, however, I assume admin does not the him personally and would have had a valid reason for doings so. If, reading through the lines, that the op might have been involved in the issues relating to child protection and that his actions have been reported to the appropriate authorities, then I for one totally support the actions of all concerned, especially the relevant authorities. If it is correct, we do not need this type of vermin in this forum.
     
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