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colt22
01-11-2010, 07:07 PM
I am in charge of booking a trip mexico with friends and know we have to fly over the U.S thus pass through us customs.

There are 9 of us going and one the guys has a alt. measures sanction on his record, obtained almost a year ago i think, theft, unless he is lying, which I hope not.

I need to know if we will he able to go because he will not come unless he is certain he can fly over the U.S; Problem being we cant go unless he does because its his creditcard we are booking half the trip with.

He said is going to go to a police office next week but I would like to know now because our current deal to mexico probably wont last long,

will this guy be able to cross customs with this on his 'record', is this even a record item??
thanks

colt22
01-11-2010, 07:08 PM
double

Tik-Tok
01-11-2010, 07:09 PM
There is no 100% guarantee that he won't get hassled.

ipeefreely
01-11-2010, 07:23 PM
Originally posted by colt22
we have to fly over the U.S thus pass through us customs.

Are you flying over or stopping in the US?

If your not stopping in the US you shouldn't have to worry about their customs only Mexico's / Canada's. If i remember correctly.


I hope your friend doesn't have a stolen credit card! :rofl:

colt22
01-11-2010, 07:27 PM
Originally posted by ipeefreely


Are you flying over or stopping in the US?

If your not stopping in the US you shouldn't have to worry about their customs only Mexico's / Canada's. If i remember correctly.


I hope your friend doesn't have a stolen credit card! :rofl:

Ah cool, I havent ever flown out of the country, but I heard you must pass U.S customs if you fly in their airspace.
Hopefully this is accurate and he is willing to come.

dexlargo
01-12-2010, 11:45 AM
No, you don't have to clear US immigration if you don't actually enter the US, but if your friend is on a US do-not-fly list (or whatever it's called) they can cause problems if the plane flies over the US. Unless your friend received alternative measures for a terrorism offence, he should be fine.

Even if you were flying to the US, if the alternative measures was completed, your friend should be fine. Successful completion of that program results in the charges being withdrawn, so there's no record of any conviction. If he hasn't yet completed the alternative measures, then the charge is still pending before the courts - and US immigration might have a problem with that.

kenny
01-12-2010, 11:51 AM
Originally posted by ipeefreely
If your not stopping in the US you shouldn't have to worry about their customs only Mexico's / Canada's. If i remember correctly.


Assuming the plane doesn't get re-routed or forced to land due to airport closure/delays or any emergency landings. :rofl:

colt22
01-12-2010, 12:26 PM
thanks guys:thumbsup:

were going to the riu santa fe in cabos, anyone been there? cant wait!!

Weapon_R
01-12-2010, 12:31 PM
Originally posted by dexlargo

Even if you were flying to the US, if the alternative measures was completed, your friend should be fine. Successful completion of that program results in the charges being withdrawn, so there's no record of any conviction. If he hasn't yet completed the alternative measures, then the charge is still pending before the courts - and US immigration might have a problem with that.

This would make sense in theory, but I think that U.S. Customs can pull your arrest and charge history too. A friend of mine was pulled to the side this August when we tried to pass because he had been arrested a few times and charged (but not convicted at trial) and the border guard asked him about those charges.

RecoilS14
01-12-2010, 05:23 PM
as far as i know, the only charges that dont allow you into the US are drug related charges. Im guessing he got caught shoplifting. he should be fine. but double check to make sure.

dexlargo
01-13-2010, 10:11 AM
The crimes that they'll stop you going into the US for are 'crimes of moral turpitude'. They generally include crimes for drugs, violence (with the exception of common assault), fraud and some types of theft. There are others, but that's most of them.

mr2mike
01-13-2010, 12:26 PM
Things could have changed but I believe the alternative measures doesn't show on your record. Judges can pull it up and I think police can if they apply to see it but it doesn't immediately pull up on their screen under your record. I'm sure US Customs has abilities to see it too but really unless you're flagged for some other airport related reason you should be fine.
If it was drug related charges, different story.

I would double check with the free law services to see. If he's completed the program, I think he should be fine.

SRT8
01-15-2010, 12:34 AM
I am very familiar with Immigration Law in the US and Canada.

Dex is correct with everything he said. I have confirmed this information with US DHS Officers posted in Calgary.