flight connections in USA with a record? (no entry into USA)

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lozzagirlNew Member
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flight connections in USA with a record? (no entry into USA)

Post Sun Sep 19, 2010 4:45 pm

Hi!! my boyfriend and I are planning a trip to S. America from Canada but, he's got a criminal record for a minor assult charge from about 10 years ago and we're nervous to fly through the states.

We aren't going to entre the states but all the flight connections to S. America are through the USA. The million dollar question is: Are we going to have any problems with connecting flights in an American airport with his record?

All I seem to be able to find online is about previous denials and people actually wanting to entre the USA with a criminal past - we only want to connect through it.

Thanks so much in advance for your help!!

Lozzagirl

-- Mon Sep 20, 2010 11:28 am --

If you are looking for the answer to this question, I managed to find the following online:

This article will focus on the criminal grounds of criminal inadmissibility for non immigrants to the US and the remedies available for your clients. Non immigrants are persons entering the US on a temporary basis for work, business or pleasure.

Basically, criminal inadmissibility involves "crimes of moral turpitude" (CMT). CMT is a legal term of art and is dealt with under INA §212(a)(2)(A)(i)(I).

Crimes of moral turpitude relate to conduct that is inherently base, vile, or depraved, contrary to social standards of morality and done with a reckless, malicious, or evil intent. This somewhat archaic definition generally relates to the following crimes:

Controlled Substance Traffickers - Includes "assister, abettor, conspirator, or colluder" INA §212(a)(2)(A)(i)(II),
Conviction of 2 or more offenses with a combined sentence of 5 or more years INA §212(a)(2)(B
Prostitution and Commercialized vice §212(a)(2)(D
Certain aliens involved in serious criminal activity who have asserted immunity from prosecution INA §212(a)(2)(E),


Crimes of moral turpitude cover a large spectrum of offences from common assault to drug offences. However there are certain important exemptions found under INA 212(a)(2)(A)(ii):

1. The ground does not apply where the alien has committed only one crime of moral turpitude, the crime was committed when the alien was under 18 years of age and the crime was committed (and the alien was released from confinement to prison or a correctional institution imposed for the crime) more than five years before the date of application for a visa or other documentation and the date of application for admission to the United States.

2. The ground does not apply where the alien has committed only one crime of moral turpitude, the maximum penalty possible for the crime for which the alien was convicted or to which the alien admits having committed or of which acts the alien admits having committed which constitute the essential elements of the crime did not exceed one year of imprisonment and, if the alien was convicted of the crime, the alien was not sentenced to imprisonment for a term greater than six months, regardless of the extent to which the sentence was ultimately satisfied.

If this is true then we can travel through the states; let's hope it accurate. it's from visaplace dot com (not a long enough user to be allowed to post links)

Lozzagirl
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