Immigration procedures at LA airport?
 

We have made a couple of attempts at organising a trip to NYC from Australia. However due to my partner's operation and subsequent reoccurence of the problem and further treatment, we have had to put plans on hold. However I have kept all the helpful info from Fodorites for future use.I received a big shock today reading in the Sydney Morning Herald of the treatment of an Ozzie journalist by LA officials at the airport.She was stopping over in LA on her way elsewhere with a friend.As well as the checks you would expect to experience now that security is a big issue, she had to fill in a form asking various questions one of which was had she ever been arrested for drug use.She had been in her teenage years and thought she had best tell the truth. She was subsequently interrogated for six hours, fingerprinted and humiliated by the officials and she was sent back to Australia.I don't have to worry about the drug aspect but I am really worried about missing out on my long awaited trip for any reason. Has anyone any comments on the attitude of the LA airport officials and can you advise whether one could expect the same at Kennedy airport? I want to stopover in LA to break the long journey but would go through to NYC without stopover if it would be better. I know we have to expect security checks but the unreasonable attitude is a bit of a worry. Any advice please?

Hello Peteralan, to my knowledge the form is the same for all visitors coming into the US. I do not believe, well actually I am sure, there are not different forms depending on which airport you arrive at in the US. The form would be the one issued by our federal government. Now how it is handled in various airports could be different, it certainly is when we go through the security screening to get to our gate to take a flight.

I am sorry that your countrywoman had this problem. I believe that LAX is probably more uptight then some airports due to illegal imigrants???

Best wishes to you. And welcome to our country. I truly hope that you have an enjoyable and beautiful experience here.

Visitors from many developed countries - including Australia, most Western Europe countries, Japan, etc - do not need a visa to enter the US, under the Visa Waiver Program.

In exchange, they need to fill out the I-94W form, which is green, instead of the regular I-94 for visitors requiring a visa. On the back of the I-94W, there are a few questions to be answered, including whether one has been arrested for drugs, been a spy, etc.

cbp.gov/linkhandler/cgov/travel/id_visa/vwp/sample_i94w.ctt/i94w_back.jpg

The US has rights to deny entry for people who have criminal records in their country. So, if you and your partner has these kinds of records, then you should contact the US Consulate in Australia before buying your plane ticket.

Here's another reason why one should think twice before committing a crime - he/she may not be able to enter the US and other countries in the world. Or at least don't get caught... ;)

I thought I was well-traveled to other countries. I have never heard of questions like this on a form for a non-American flying into America. Wow. I sure the immigration is not much different between airports however.

Sounds like answering the question correctly gets people in trouble.

a few years back I got lots of verbal questions at Gatwick in London. They were relentless. I felt like a criminal but I have never broken any laws....accept for the really fun speeding on freeways!

Hello wemr, most Americans that travel a lot to other countries are not aware of the rules and regulations regarding visitors coming into the US and that is understandable. I am because of knowing so many people from other countries coming here to the US. And rllwam stating the form is green, yes it is. And you cannot imagine what one goes through if they sponser someone from another country. Lots of redtape!

People don't know what it takes to get a visa to the US from a non-waiver country. Often, it means long lines at the consulate starting in early hours of the day. Prove of employment or continuing education in written form. Bank account statement for several months showing ability to pay for the trip expenses.

Now, instead of having to do that, Australians just need to check a few boxes on the back of a form.

I am not saying it's easier to come to the US. I'm just saying compared to non-waiver countries, it's not that bad.

And every single day thousands of Australians, Brits, Germans, Japanese, etc... arrive in the US. I guess because all of them get admitted to the country, that didn't make the news like your Australian reporter did...

But the form is there. I spent less than 3 minutes to find that link on US Customs and Border Patrol website. If one reads the questions and doesn't like them, they are free not to visit the US.

They have been asking this question for decades - and every foreigner is subjected to those questions.
Even those travelling with a Visa will have to answer questions like that when applying for it. I remember when Germans were required to produce a Visa at immigration, there was a question whether the traveller planned to assassinate the American President.
Well I must have answered that one correctly as they have always admitted me to their country...:-)

Now leaving the U.S. at LAX is a different affair. I received unbelievable rude treatment from an officer there last fall. But then probably he just had a bad day (still no reason to break a bottle of wine over my hand luggage...).

We always chose to answer no to the question "Have you ever or do you intend to engage in terrorist activity?" Or however it's phrased.

It's true we haven't but does anyone really believe that a terrorist would tick the 'yes' box?

Try scanning this webpage and you'll wonder how anyone manages to enter the US :-)

http://www.travel.state.gov/visa/frv...ties_1364.html

Oh alya, love it, LOL!!!! I am sorry, it is not funny but it is. Oh indeed a terrorist would check the box "yes". NOT!!

LoveItaly,

It is funny, but so very naive and scary at the same time, Who on earth designs these forms?

I want their job! :-)

I did happen to think about some celebrate that went through customs in NZ with an apple and got fined a $1,000.00 or thereabouts. She was going to fight it...don't remember who it was and don't know the end results. Think all immigration and custom people from time to time upset people. especially after 911 and all the agriculture problems.

Alya, if memory serves me right before we had the "our you a terrorist?" question the question was "are you a communist?" How times change and yet really stay the same. Take care!

LoveItaly

It was Hilary Swank!

I read the same article. The young lady's mistake was to follow her mum's "honesty is the best policy" advice and admit to having been nicked for smoking a joint when she was 18 - something that these days would be most unlikely to result in a charge, at least in Australia. She assumed that such a minor infringement wouldn't cause a problem, especially as she was only transiting the USA, and wasn't expecting to have her bodily cavities invaded as a result.

In retrospect, she should have applied to have the charge expunged from her record, assuming that the event took place more than 5 years ago and there'd been no subsequent charges. Presumably US authorities can request data on criminal records from the traveller's home country, so lying could be problematic - although in this case the outcome presumably would have been much the same.

Neil oz

Quote "although in this case the outcome presumably would have been much the same."

Not if she'd lied! Now she will find it almost impossible to enter the US.

Do you really think they check everyone travellers background? - they don't have the manpower and they are so busy stopping 2/3 yr olds who share the name of someone on the 'no fly list' to worry about a traveler who "smoked a joint".

I worry that honesty isn't rewarded. What's the incentive to be honest?

http://www.cnn.com/2005/TRAVEL/08/15/no.fly.babies.ap/

Alya, yes Hillary Swank! And it was an apple wasn't it?

And hello Neil!! Thanks for the clarification. Good to see you on the board. Neil, I agree with Alya, in this case they are to worried about babies on the "do not fly list" although I guess we can say that the babies on the list do NOT get on the plane where as anyone that does get on the plan flying to the US could have a potential problem if they lied on that green form but doubt if the authorities would ever know unless something about the arriving passenger made them suspicious. What a mess, LOL. But not funny certainly.

Peteralan, unless you have a problem with your record, or your partner's record in the past there is nothing to worry about.

Hello again, LoveItaly. And yes, alya, it looks like she'll have to make other travel plans in the future.

This episode raises the question of exactly what access US immigration officials have to Australian and other foreign criminal records - and vice versa. It's hard to believe that unfettered online access is provided, but if it isn't, how are checks executed? Does anyone know? Not that the bloody coppers've got anything on me, o'course...

I'm always tempted to pussyfoot around issues like this, because Australians don't appreciate others telling us how we should be doing things, and I don't expect Americans to feel any differently. But I don't think ordinary Americans are being well served by this sort of heavy-handedness. One thing I've learned is that authority, once granted, will inevitably be abused. If you place too much power in the hands of underpaid private contractors, rather than the public servants who should be doing the job, they'll take out their resentment on whoever's to hand. We have examples enough of that in this country too.

Hi Peter,
I did the Syd-Lax-JFK trip a month ago had the customs check at LA.

There are 2 forms to fill: 1 will be given to you with your boarding pass: the other on the flight. Green immigration forms ask all the usual stuff + the question about whether you intend to commit any terrorist act or are or have been a spy( I think they probably put this in to see if you're paying attention and/or realize that around that time on any flight people need a bit of a laugh.)
From memory, the questions about criminal convictions are specifically about drugs, guns & fraud (could be wrong & if so, I'm sure someone will correct me.) Can't remember whether it asks whether one has been in prison. It also requires address & phone number of US residence + emergency contact.

Most Australians qualify for an automatic visa waiver, but if one has any convictions this might not be so. My friend had been booze bused (low range) years ago but was a bit worried and called the Consulate. Their advice was that it should be ok as it was low range and incurred a fine only, but to get a Police print out of their records and take it in case they were asked. Advice was not to offer it or volunteer the information unless asked.

In LA, everyone is fingerprinted,(Both hands, index fingers, I think) my friend wasn't asked anything other than purpose of visit. I had filled in my 2nd form with pencil (couldn't find a pen) and the customs clerk seemed to be bothered by that, said the next bod might send me back (to where, I wondered?) Anyway, nothing else was said & all was fine. They are, like customs clerks the world over, a humourless mob but neither of us had any problems and didn't find them as jumpy as I had expected.

Once you're through that, you go through another x-ray (v.sensitive - take off ALL metal, including shoes if they have buckles, and advise them if you have any metal implants. My cousin always sets off the detectors as he has a hip replacement.) There was a lady in front of me who kept setting it off and stripping various bits off (I was thinking she'd be down to "Sox & Jocks" soon ... and they finally figured out it must have been the underwire in her bra. She was "searched" but very discretely and I was talking to her later and she wasn't offended at all - just a bit embarassed at the amount of metal required for that bit of structural reinforcement (LOL)

Then, collect your booked bags and take them (not very far )& put them onto another conveyor belt with scanner. And that's that. Just take a walk around the airport & stretch your legs for an hour - or go up the the QF lounge & freshen up ... and you're off again. Back in your same seat.

Really, I thought it was a good system as then you're free as soon as you get to JFK. BTW You will need US $3 for the trolleys.

I might add that I was on a through-flight which I guess was just re-fuelling at LA as we re-boarded same plane for the rest of the journey, so maybe it's standard practice to do the customs at LA now.

If you're flying QF, BA or, I think, Emirates the check-in at JFK on the way home is a dream. Around to the left of the other Airline check-in lines and just for those 3 airlines .... about 3 other people in the queue instead of the zillions in the others. The QF/BA lounge is quite good there too but pretty drab at LA (unless you're in the Admiral's club).

Oh yes ... and I put cable-ties on my bags (ends dipped in nailpolish) which were still intact on arrival, both in JFK and here on the return journey.

I'm sure you'll be fine. I found everyone to be very helpful and even the "semi bolshie" customs clerk in LA wasn't a patch on the rude characters they specialise in at Heathrow.

When are you planning to go?
Cheers,
Bokhara

Neil_OZ - Maybe I don't totally understand your statement, but US Immigration and Customs officers at the airport are all federal employees. Not subcontractors.

But I totally agree with you that the US public isn't well served by heavy-handed, often ignorant and arrogant, and always overworked Immigration officers. And the whole system of US borders are flawed.

Simple example... Asking a foreign visitor to stand in line for up to an hour at LAX or other airports just to enter the US is a national disgrace. Which country in the world treats their visitors who are going to spend lots of money here that way?

Or, for example, there's no transit lounges in US airports, so US airlines lost huge amount of transit business between South America and Asia/Europe.

So, there are plenty of flaws and things to critize about the US immigration procedure, but what we're talking about is not one of them. Asking a visitor to answer a simple questionnaire - no matter how silly - and denying entry to people with criminal records are nothing to complain about.

The US government understandably - and rightly - reserves the right to deny entry to anyone who has ever been convicted of a crime. They question visitors about it because if caught doing anything illegal the lie on the form allows immediate revocation of the visa and deportation.

The way the legal system in the US works is that people guilty of very minor crimes - esp for any first offense - are normally pled out to probation or community service - or nothing - and their record expunged if they don;t commit any further crimes within 6 months or a year. So I believe the assumption is that since so many minor crimes escape detetion or are expunged the fact that you have a conviction for one means that you were actually guilty of (usually several) much more serious crimes.

The trick is not to have a criminal record. Anyone who has a record for minor offenses - traffic violations/DWI or minor recreational drug use - should have it expunged - not just for US visas - but for all sorts of other reasons. (In Australia, don;t they routinely ask this on job application forms, mortgage applications, requests for bonding etc?)

Or - the alternate is simply to lie. I can;t imagine anyone would ever check on this.

Thanks everyone for your responses. As I said I have absolutely no problem with security procedures no matter if they are time consuming but I was worried that that person was treated so badly then actually sent home with her only misdemeanour was something she did years ago and admitted truthfully.I'm not worried about filling in the form and don't even care if they are rude (as they can be at Heathrow).Hi to Bokhara..I knew you had just been and I was wondering if you stopped off in LA but it seems that the checks are done there even if you are going on as you did.Thanks for your advice and glad you enjoyed your trip ( I gather you got together with McLaurie? )..of all the helpful advice I got from Fodorites on NYC, the most helpful and most consistent was from her (?).As to when I will be going, it is up in the air because of my partner's health problems but we will get there. LA officials notwithstanding. Thanks again everyone!