Can I obtain a US J1 student Visa with my criminal record.

[Xuxe]

I'm looking into going to the US to undertake postgraduate study, however after a skirmish with some rail inspectors two and a half years ago for failing to produce a valid ticket, I now have a criminal record. Basically I was charged with 3 counts of resisting an officer, behave in disorderly manner, failure to produce ticket, refuse to comply with request and one false assault charge. In Australia this record has proved no problem thus far (potential employers seem to be aware that tram inspectors are thugs) but I'm quite certain that it disqualifies me from entering the US forever. Currently in the process of appeal. In the meantime I'm wondering how viable it is to not declare it. I know I run the risk of being disqualified forever, but since I assume that my current status disqualifies me anyway it may be a risk worth taking. How likely is it that they will discover I was in a brawl with eight transit inspectors? My friend in the states seems to think that because I'm white, attractive and wholesome looking I won't have any problem.

 

[harvyk]

Welcome to AFF,

What you will probably see with this thread is you'll get some members saying "risk it" and others saying don't. (Criminal Records and entering the US comes up here fairly frequently, and rarely is there a consensus.)

My opinion is that don't bother going for a Visa, they will probably knock you back anyway. You would need to provide a copy of your criminal record, (thus informing them of your arrest) and thus would probably need to get exemption, which seems to be very rare.


Your best chance would be to look at Moral Turpitude laws and see if what you did counts as a "crime of Moral Turpitude" (look at exact wording of your conviction) if it doesn't you may be able to enter the US under the visa waiver program.

Unfortunately your arrest will probably rule you out for a student visa.

 

[Xuxe]

Thanks for the response Harvy. Yeah I did figure I could get in on the waver, but the student visa probably requires more documentation which would therefore exclude me.

 

[NM]

Thanks for the response Harvy. Yeah I did figure I could get in on the waver, but the student visa probably requires more documentation which would therefore exclude me.

If you are planning to study in the USA then you need a student visa. The Visa Waiver program is only application to tourists.

 

[harvyk]

If you are planning to study in the USA then you need a student visa. The Visa Waiver program is only application to tourists.

Yeah, sorry I did forget the mention that VWP does not help you become a student, My post was more stating depending on your circumstances you may still be able to travel to the US, but you probably won't be able to become a student there.

 

[Xuxe]

Hi nelly, yeah I'm aware I can't study on the waver, that's why I posted. The waver is only pertinent if I choose to visit the states.

 

[reflector]

Embassy of the United States - Arrests and/or Convictions

That's the official line from the US embassy. I work in an industry where we send thousands of people to the US every year on J1 (cultural exchange) visa's, very similar to the J1 (student). It depends on many things, including which office you have the interview at, how long ago the offences were, what the sentence imposed was, etc. Based on what you've said, I personally don't like your chances.
The J1 visa requires a federal police check Even having a DUI requires you to attend an alcohol workshop before they will accept you for a visa. Had the actions been out of character, or if there had been mitigating circumstances, or of you'd showed some kind of remorse/willingness to make up for your actions (doubtful from the tone of your post) then you might have had a shot at an exemption.

Unfortunately, I think the consular official is going to wonder the same thing I am:
How little self control/respect for authority do you have, to get involved in an all in brawl with 8 transit officers?

student on J1 ==> probably not going to happen
tourist on VPW ==> Moral turpitude - Wikipedia, the free encyclopedia Your offences don't seem to fall under the category of moral turpitude, however, so the VWP might be an option

 

[Xuxe]

ha well funny you should say that. The matter is being reheard in court and after a recent meeting with the prosecution it is expected that most if not all of the charges will be dropped. You're right though, I have little respect for state hired thugs with a mandate that permits them to assault citizens. Obviously though in court I will synthesize a relative amount of contrition to facilitate my acquittal.

 

[reflector]

Ah excellent!
Be sure to throw in the obligatory "they have a tough job, and i respect them for that" catchphrase.
If your record is quashed, you should be right for a J1, even if the failure to produce ticket stands, it's the assault and obstruction of an officer charges that wouldn't sit well with the US Consulate officer.

Our govt (qld) is trying to give its transit officers arrest powers and tasers... recipe for disaster IMO... let the police do the policing, and the transit officers check tickets I say.