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Can you enter United States with a conditional discharge?

  • Last Updated:
  • Mar 19th, 2017 5:27 pm
[OP]
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Feb 12, 2013
783 posts
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Can you enter United States with a conditional discharge?

Friend of mine (I swear it's not me) has a conditional discharge and asked if he can enter the States. Can he get denied entry at border?

His lawyer advised it's a grey area and it depends on border officer. I don't know what his offense was, but he said he doesn't have an inadmissible offense so doesn't need waiver. Just double checking given new the new policies.

His info is still with CPIC and won't be purged for another two years apparently.
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Jul 5, 2004
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Can he enter? Yes. Can he be denied? Also yes. It's the discretion of the border officer.

The best thing to do is for your friend to wait two years until the record no longer appears in CPIC, then the US border officers will never be able to see it. If your friend crosses now and the US border patrol pulls up the record, it will forever be in their system, even after it's long gone from CPIC.

What's the offence?
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Apr 5, 2013
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markham
Shaner wrote:
Mar 17th, 2017 11:40 pm
Can he enter? Yes. Can he be denied? Also yes. It's the discretion of the border officer.

The best thing to do is for your friend to wait two years until the record no longer appears in CPIC, then the US border officers will never be able to see it. If your friend crosses now and the US border patrol pulls up the record, it will forever be in their system, even after it's long gone from CPIC.

What's the offence?
+1 ^^^ this exactly..
is he driving? Flying? if he is driving..tell him not to use his car..less time to run a check and maybe less likely to get thoroughly checked...but it is a chance..and if caught, will probably need a waiver from here in after.
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Aug 22, 2011
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jesuisdanny wrote:
Mar 17th, 2017 7:45 pm
Friend of mine (I swear it's not me) has a conditional discharge and asked if he can enter the States. Can he get denied entry at border?

His lawyer advised it's a grey area and it depends on border officer. I don't know what his offense was, but he said he doesn't have an inadmissible offense so doesn't need waiver. Just double checking given new the new policies.

His info is still with CPIC and won't be purged for another two years apparently.
Watching my fair share of border crossing shows, it is at the discretion of the agent.
Anything related to assault, dui and sexual offences; usually results in denial.
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Apr 5, 2013
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markham
vkizzle wrote:
Mar 18th, 2017 9:56 am
Watching my fair share of border crossing shows, it is at the discretion of the agent.
Anything related to assault, dui and sexual offences; usually results in denial.
what?? ... you are commenting based on mis-info you think you learned from a TV show? really? ....i would hope you posted as a joke , but some cannot tell the difference here...if it wasn't meant as a joke..well....are you just trying to pad your post count? wth?
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Aug 22, 2011
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cardguy wrote:
Mar 18th, 2017 11:04 am
what?? ... you are commenting based on mis-info you think you learned from a TV show? really? ....i would hope you posted as a joke , but some cannot tell the difference here...if it wasn't meant as a joke..well....are you just trying to pad your post count? wth?
What part of "at the discretion of the agent" did you not get?
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Sep 6, 2002
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vkizzle wrote:
Mar 18th, 2017 9:56 am
Watching my fair share of border crossing shows, it is at the discretion of the agent.
Anything related to assault, dui and sexual offences; usually results in denial.
Not sure your information is correct. Perhaps coming into Canada where we are much more strict. However basic assault and DUI is generally not going to stop you from entering the USA. I've crossed with friends who haev declared their DUI and they were admitted. The USA uses crimes of moral turpitude as a guide.

https://en.wikipedia.org/wiki/Moral_turpitude

Not sure you should be chiming in on threads based on reality TV.
Did I post something that interests you? Feel free to PM further questions.
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Apr 5, 2013
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markham
vkizzle wrote:
Mar 18th, 2017 2:05 pm
What part of "at the discretion of the agent" did you not get?
PLEASE..just withdraw your statement..dont try and cover up your mis information...

at the "discretion of the agent" is at best of terms with every entrance interview...you are trying to tell me that having a conviction for drug trafficking one can be admitted "at the discretion of the agent"?
murderer? fraudsters? any other felons? ..

heck, even to what op was asking about..if that person gets refused ..he from then on, NEEDS a waiver to be admitted (regardless of absolute discharge) or can face jail time upon attempt without one...they will tell you that when they send you back.

Just edit/delete and be done with it( your statements) as opposed to making crap up as you go...if a US border agent doesn't follow protocol..he risks his job as they are being monitored as they work.."at the agents discretion" applies when all other requirements are satisfied..NOT as an "override " to restrictions.

My info comes from direct dealings with border services (both US and Canada) and years of working at Pearson Airport..NOT watching a semi-real TV show and forming fictional "facts"
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Sep 27, 2003
7773 posts
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Newmarket
Quit the bickering everyone.

OP - A conditional discharge in itself would not make your friend inadmissible to the United States. The nature of the offence itself is what will determine your friends admissibility to the United States. In the case of criminal acts, this would have to be what the US considers to be a Crime of Moral Turpitude.

I would also add that while border guards do have discretion on general admissibility, a decision to make one inadmissible and require a waiver for future visits must be a decision that is made based off the Immigration and Naturalization Act (INA) and typically requires a Supervisor to approve anyways. So no, an over-zealous front-line border officer can't just decide to make you inadmissible based on their discretion. However, the border guard could turn your friend around if you do not have sufficient evidence that shows what your friend did is not on their list of inadmissibility requirements.
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