Can I enter US on an Indian Passport but a good behaviour bond in Australia

[annz.annie]

Hi! I am in a great need for some information regarding my entry into the United States -
I dont have any conviction but a good behaviour bond for 12 months that expires in Jan 2011. (Sec 10 ) for a minor shoplifting offence.

Is my case recorded only with Australian police or do other agencies also have an access to it ?
I have an Indian passport but an Australian permanent residency. I already have a tourist Visa (granted in Australia before the case) for 12 years for United States but have never visited US before.
Now I want to visit US; But not sure if my case will appear on their records or not ... and whether they will allow me to enter into US.
Do they check records according to the passports and citizenships (Indian in my case ) ??? or because I will be travelling from Australia .. they will check my record in Australia. and how do they come to know of such cases ?
Please guide me if any of you have come across cases like these. ​

 

[harvyk]

Depends on where you enter the US from... If you enter the US from India on your Indian passport they would have no reason to ask Australia about your record. That said if you do enter the US on the VWP and the US finds out about your current good behaviour bond they will probably do one or more of the following

a. Deny entry
b. Kick you out of the country
c. Ban you for life

Unfortunately the US does not recognise guilty but without a recorded conviction, so whilst no conviction helps you here in Australia, it doesn't help you in terms of the US.

Given that your 12 month good behaviour bond doesn't expire until Jan 2011, I wouldn't consider the US an option until at least Jan 2015. (5 years after the event)

Of course you will get some people telling you to risk it, but IMHO I wouldn't.

 

[v8Statesman]

In short, apply for a new visa. Have a look at Activist Rights | How will a criminal record affect me?

Specifically

The Embassy usually overlooks "misdemeanors" (similar to our summary offences).

 

[annz.annie]

Depends on where you enter the US from... If you enter the US from India on your Indian passport they would have no reason to ask Australia about your record. That said if you do enter the US on the VWP and the US finds out about your current good behaviour bond they will probably do one or more of the following

a. Deny entry
b. Kick you out of the country
c. Ban you for life

Unfortunately the US does not recognise guilty but without a recorded conviction, so whilst no conviction helps you here in Australia, it doesn't help you in terms of the US.

Given that your 12 month good behaviour bond doesn't expire until Jan 2011, I wouldn't consider the US an option until at least Jan 2015. (5 years after the event)

Of course you will get some people telling you to risk it, but IMHO I wouldn't.

Hi! thank you for the reply... I am an indian citizen but now have been living in Australia for past 2 years on a spouse visa( permanent resident) , married to an australian citizen. Because I do not have an Australian passport I cant enter US on VWP. and already have a tourist visa as mentioned .
though I can manage to go to india first then from there travel to US(as I will be travelling alone ) . will my australian permanent residency affect anything? also on Form I-94 there is a question that asks Country where you live ... If i write Australia on that will that affect my entry ?
I know you might not be able to give me an exact answer but even some information will be good at this stage. any one who has gone through a situation like this are welcome to comment. thanks.

 

[harvyk]

In that case, if you already have a visa, provided your crime wasn't one of "Moral Turpitude" then you should be fine.

Moral turpitude - Wikipedia, the free encyclopedia

I'll leave the interpretation of - "Theft (when it involves the intention of permanent taking)" up to you...

 

[taswegian77]

Hi! thank you for the reply... I am an indian citizen but now have been living in Australia for past 2 years on a spouse visa( permanent resident) , married to an australian citizen. Because I do not have an Australian passport I cant enter US on VWP. and already have a tourist visa as mentioned .
though I can manage to go to india first then from there travel to US(as I will be travelling alone ) . will my australian permanent residency affect anything? also on Form I-94 there is a question that asks Country where you live ... If i write Australia on that will that affect my entry ?
I know you might not be able to give me an exact answer but even some information will be good at this stage. any one who has gone through a situation like this are welcome to comment. thanks.

Hi annz.annie,

you are askign quite specific requests and I woudl recommend that you consult the US embassy for answers. i wonder why you woudl be willing to go all the way to india 915hrs) then to travel to US from there, that is surely an extremely expensive option. Do the right thing, ask a professional or just re-apply for a new visa and see if it is granted. the comments here are very general in anture and will really nto be used to base a decision of this kind.

 

[mvo25]

Hi! I am in a great need for some information regarding my entry into the United States -
I dont have any conviction but a good behaviour bond for 12 months that expires in Jan 2011. (Sec 10 ) for a minor shoplifting offence.

Is my case recorded only with Australian police or do other agencies also have an access to it ?
I have an Indian passport but an Australian permanent residency. I already have a tourist Visa (granted in Australia before the case) for 12 years for United States but have never visited US before.
Now I want to visit US; But not sure if my case will appear on their records or not ... and whether they will allow me to enter into US.
Do they check records according to the passports and citizenships (Indian in my case ) ??? or because I will be travelling from Australia .. they will check my record in Australia. and how do they come to know of such cases ?
Please guide me if any of you have come across cases like these. ​

Hi
Why don't you apply australian citizenship and can fly without visa.

 

[thewinchester]

Hi! I am in a great need for some information regarding my entry into the United States - I dont have any conviction but a good behaviour bond for 12 months that expires in Jan 2011. (Sec 10 ) for a minor shoplifting offence.<snip>

These questions have been asked and answered here several times. Please perform a search before posting.

The simple way to address this question is refer you to this post:

In broad terms - an immigration/border protection agency is able to verify a person's bona fides through arrangements with like agencies in other countries, and the ability for them to do so is granted by way of your entry documents into their country.

It's simply a matter of them picking up the phone to their counterparts and asking the relevant questions. In theory, if crimes or activities don't appear on your federal criminal record check or within existing databses operated by the like agency, then there won't be anything for their counterpart agency to disclose.

As to the second question of if the specific offence... might constitute an somthing that may have to be declared, and potentially render entry under [programs relevant to your country of citizenship] invalid - this is a question you are best directing to the embassy or consulate of the country concerned.

In any case, as noted on the website of the US Embassy in Canberra, the VWP assessement process delivered online using ETSA is designed to assist you in determining if you will require a visa to enter the country.

If you have further questions, then you should get in touch with the US Consulate or Embassy serving your area.

 

[777]

These questions have been asked and answered here several times. Please perform a search before posting.

The simple way to address this question is refer you to this post:

This post is actually a year old. The post you've directed this person to was posted about a year after this one. Still, will be handy should anyone else dig this up in future.

 

[straitman]

Hi
Why don't you apply australian citizenship and can fly without visa.

mvo25,

Welcome to AFF.

Due to the age of the thread I have closed it as there is no further value.