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Old 04-01-2019, 11:43 PM
 
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I'm currently living in Ontario, Canada. I got arrested for fraud under $5000 about 5 years ago (2014). I went through diversion and as a result have no conviction on my record (charge was withdrawn). This year I want to go to the US for a few days vacation, and I was wondering if I will have trouble entering the US. I will be applying for a visa (as I'm an international worker in Canada currently) and I have gotten a US visa before (prior to the arrest and charge).

Does anyone have experience with this? Would love to hear some experiences from people who have gone through this before..

Thank you!
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Old 04-01-2019, 11:57 PM
 
7,489 posts, read 4,955,226 times
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Wild guess, but when US customs asks you if you've ever been convicted of a felony, even one for which you have been forgiven in Canada, what are you going to say?

Once you answer yes, you are under scrutiny forever on both sides of the border, I'm guessing. Erasing a record helps with finding a job, but one still has to answer the question honestly and the USA is stricter with soft drugs, and Canada is stricter with guns.

... but I have no experience.
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Old 04-02-2019, 06:07 AM
 
24,569 posts, read 10,869,900 times
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Quote:
Originally Posted by Lieneke View Post
Wild guess, but when US customs asks you if you've ever been convicted of a felony, even one for which you have been forgiven in Canada, what are you going to say?

Once you answer yes, you are under scrutiny forever on both sides of the border, I'm guessing. Erasing a record helps with finding a job, but one still has to answer the question honestly and the USA is stricter with soft drugs, and Canada is stricter with guns.

... but I have no experience.
US Customs does not handle immigration. US immigration does not ask about felonies.
https://travel.state.gov/content/dam...60_Example.pdf
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Old 04-02-2019, 08:37 AM
 
3 posts, read 1,943 times
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Quote:
Originally Posted by Lieneke View Post
Wild guess, but when US customs asks you if you've ever been convicted of a felony, even one for which you have been forgiven in Canada, what are you going to say?

Once you answer yes, you are under scrutiny forever on both sides of the border, I'm guessing. Erasing a record helps with finding a job, but one still has to answer the question honestly and the USA is stricter with soft drugs, and Canada is stricter with guns.

... but I have no experience.
If they're asking if I have ever been convicted of a felony, I would say no as I wasn't convicted. I was arrested and charged yes, but not convicted
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Old 04-02-2019, 11:02 AM
 
24,569 posts, read 10,869,900 times
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Originally Posted by quickquint View Post
If they're asking if I have ever been convicted of a felony, I would say no as I wasn't convicted. I was arrested and charged yes, but not convicted
Again - DS160 does not say "felony".
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Old 04-02-2019, 12:22 PM
 
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Quote:
Originally Posted by Threestep View Post
Again - DS160 does not say "felony".
Alright, but what are the chances that I will be given trouble for this, considering the charge was withdrawn?
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Old 04-02-2019, 12:27 PM
 
7,489 posts, read 4,955,226 times
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Quote:
Originally Posted by quickquint View Post
If they're asking if I have ever been convicted of a felony, I would say no as I wasn't convicted. I was arrested and charged yes, but not convicted
If you're never been convicted of a felony, then I think you have nothing to worry about.
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Old 04-02-2019, 02:43 PM
 
24,569 posts, read 10,869,900 times
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Quote:
Originally Posted by quickquint View Post
Alright, but what are the chances that I will be given trouble for this, considering the charge was withdrawn?
Again - did you read the question on "Security and Background Part 2"

Have you ever been arrested or convicted of any offense or crime, even though suspect of a pardon, amnesty or similar action?
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Old 04-02-2019, 03:30 PM
 
2,684 posts, read 2,400,959 times
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Quote:
Originally Posted by quickquint View Post
Alright, but what are the chances that I will be given trouble for this, considering the charge was withdrawn?

I have no background on what you'll be asked, but if it asks "have you ever been convicted", then the answer is no (regardless of felony or otherwise). At least in the US, that's kind of the whole point of the diversion process- a clean record.
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Old 04-02-2019, 07:49 PM
 
Location: Cody, WY
10,420 posts, read 14,605,395 times
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Quote:
Originally Posted by quickquint View Post
Alright, but what are the chances that I will be given trouble for this, considering the charge was withdrawn?
None. If you buy a gun here, you must answer "no" regarding convictions. That's the legal answer.
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