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Can anyone please tell me (preferably a lawyer etc) if my son can still cross the border since being charged with a "store break". He hasn't gone to trial or anything like that and doesn't have a criminal record, he was one of these kids that was in the wrong place and the wrong time with the wrong person. We are leaving for the USA in May and the trip is already paid for so I hate to lose this money. Any help would be greatly appreciated.
US customs and border patrol will not know about your sons case unless you are taken in for secondary screening. If you are taken in for secondary screening they will ask details about the case IF their computer displays information on it. If the trial is close to the trip date, there is a chance they will turn him around. They are however generally lenient for petty crimes.
If he goes to trial before the date and get's charged, this will likely be in their system and like RamseCA said, they would turn him right around at that point. My friend is a travel agent and sent an old couple on a cruise that was departing from Hawaii so they had to take a flight into the states. Unfortunately, because of a very old charge the man had from his youth, they would not allow him into the flight that was headed for the US. The wife went on without him and the husband had to go back home.
I would recommend contacting customs/or a travel agent before hand, especially if you invested a lot of money in this trip.
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