Criminal record and obtaining a US visa

[trayden]

Many folks get arrested but it is only when one is found guilty that a real problem exists if it is a moral turpitude matter.
Basically the US dont accept travellers who come under the MT rule and that has been in place since before I started travelling to the US over 3 decades ago.
You do get a chance for review through the channel described but it seems to be a pretty low priority in the scheme of getting waivers.
If you have a moral turpitude conviction do not buy a non refundable ticket as there is no sense of haste with our US buddies.
If you can find your criminal record then so can the US authorities.

I dont have a criminal record or conviction to to find!

I do have one arrest and although it leads to nothing it is unfortunate for me that it is a mortal turpitude arrest.

Because i have no criminal record I dont know how to go about finding a 16 year old arrest paperwork or court preliminary hearing paperwork.

For those who dont know what a court preliminary hearing is,its a hearing to see if you have any founded charges to face in the first place before it gets to court.

 

[The Rok]

No trial, no conviction, no problem. Like I said, personally I wouldn't disclose it on the form and I would just use the visa waiver. If they don't find it that way your fine.

 

[The Rok]

PS. That should not be taken as literal advice for all people, just what I would do.

 

[cove]

Obtain your record from the Australian Federal Police....if there is nothing on their records you have no issue to deal with.

 

[Julesmac]

Doesn't seem surprising; there's no reason why he would be declined a passport and holding a party doesn't sound like an event of moral turpitude

Dave

Does the moral turpitude cover being a total drop kick?

 

[Julesmac]

Hi Lisaho,

my fiance applied for a waiver of inelegibility. It will be 8 weeks next tuesday since his interview! They said to him it usually takes around 4 weeks. I emailed them last week asking for an update and they replied that processing is taking around 8 weeks at the moment. After all this stress and waiting i really hope he actually gets a visa! Goodluck!

As a matter of interest, how long does it take for a 'cleanskin' to get a US visa?

 

[cove]

Same day for most people to get the Visa.
A cleanskin used to be an unlabeled wine! With no record it all goes through quickly unless you have a name that is on the "wanted list".
A dropkick used to be an Aussie Rules football kick! Parts of America are just as full of fruits and nuts as here in Australia.
I think someone with court record experience could be helpful as we only get clear records when we employ staff through staff placement firms.

 

[lisaho]

No news from my end yet. It will be 3 weeks until we have been waiting 12 weeks. It can't possibly take much longe. After all this waiting they better give him a visa or i'll be VERY upset!

Any news yet honey mooner?

 

[Julesmac]

Same day for most people to get the Visa.
A cleanskin used to be an unlabeled wine! With no record it all goes through quickly unless you have a name that is on the "wanted list".
A dropkick used to be an Aussie Rules football kick! Parts of America are just as full of fruits and nuts as here in Australia.
I think someone with court record experience could be helpful as we only get clear records when we employ staff through staff placement firms.

Thanks, Cove. Funny! But as a matter of idle interest, just how many days/weeks does it take if 'it all goes through quickly" ?

 

[cove]

The Visa response is as close to instantaneous as filling out the form,paying the filing fee and electronically lodging it if you have a clear record.
For those who don't have a clear record for moral turpitude there is a chance you can get into the US but it will really be a big waiting and hoping game as the authorities have no obligation to make an exception to their rules.
Do NOT buy a ticket without the US Visa as you could lose your money.

 

[dfcatch]

The Visa response is as close to instantaneous as filling out the form,paying the filing fee and electronically lodging it if you have a clear record.
For those who don't have a clear record for moral turpitude there is a chance you can get into the US but it will really be a big waiting and hoping game as the authorities have no obligation to make an exception to their rules.
Do NOT buy a ticket without the US Visa as you could lose your money.

Cove - are you talking about the ESTA being instantaneous or the Visa?

The ESTA isn't a Visa - just permission to travel under the VWP.

In my past experience with various US visas - they take time - even a simple B2 visa with a clean record takes time. Plus the fees, postage to the Consulate, processing time and then return mail.

Worse if you have some sort of record or need to attend an interview for any reason.

IMHO - even for a basic B2 visa with a clean record - I would allow 3-4 weeks for the process....MINIMUM.

 

[cove]

Yes thanks for correcting me on the Visa question dfcatch.
The visa waiver is really so quick under ESTA.

 

[dfcatch]

Yes thanks for correcting me on the Visa question dfcatch.
The visa waiver is really so quick under ESTA.

That's ok. It's been a while since I had to get a US Visa - so I wasn't sure if maybe my experience was no longer accurate.

Given the anecdotes - I hope I don't need anything more than the ESTA anytime soon

 

[TiredOldFlyer]

[h=3][/h]I'm easily confused.

I thought the ESTA system waived the need to have a USA Visa and allows entry :

"What travel documents and identification are required for a foreign national to enter the U.S.?
A foreign national or alien entering the U.S. is generally required to present a passport and valid visa issued by a U.S. Consular Official, unless they are a citizen of a country eligible for the Visa Waiver Program, or are a lawful permanent resident of the U.S. or a citizen of Canada. The Visa Waiver Program allows foreign nationals from certain countries to be admitted to the U.S. under limited conditions and for a limited time without obtaining a visa. The foreign national must arrive on an approved carrier (if coming by air or sea), staying no more than 90 days, for pleasure/medical purposes/business, and be able to prove they are not inadmissible. The foreign national is still required to have a passport. To obtain a list of countries eligible for the Visa Waiver Program, please reference the Department of State Web site."

How do you prove that you are not inadmissible ? - Carry a police clearance I suppose !

I guess its the same all over the world - depends on the mood of the uniform at the time.

We had some friends children that were forbidden entry when they were very young and for fun carried their own passports - although they were
registered on their Dad's passport that had visas attached their passports did not have Visas so no entry !

 

[honeymooner]

Lisaho- still no news :evil::evil: I have given up hope of getting it any time soon!! Did you manage to sort anything out with your travel plans??

 

[lisaho]

Lisaho- still no news :evil::evil: I have given up hope of getting it any time soon!! Did you manage to sort anything out with your travel plans??

Hi honeymooner, no I will be losing all money paid and still no news or hope from
This end either. I must admit very frustrated about the information
First provided at the interview about turn around time

 

[Julesmac]

The Visa response is as close to instantaneous as filling out the form,paying the filing fee and electronically lodging it if you have a clear record.
For those who don't have a clear record for moral turpitude there is a chance you can get into the US but it will really be a big waiting and hoping game as the authorities have no obligation to make an exception to their rules.
Do NOT buy a ticket without the US Visa as you could lose your money.

I guess it's Murphy's Law -like traffic lights - if you have heaps of time you get every green light. Running tight - every red one! Likewise, need a visa any time soon, it ain't gonna happen! So...I should renew my passport now instead of close to its expiry date of July 2012!!

 

[trayden]

What I have found out:

A spent conviction in"Most case" is just that! Australian law states that you cannot be discriminated against in any way or form for a spent conviction because a spent conviction is classed as "No Conviction" and need never be declared under Australian law.

Certain convictions can never be spent like those of some sex offenders and "all convictions must be declared" for certain state and national security employment spent or not, including working with children but Australian records are for Australian purposes only.

U.S Homeland security has the right to an individuals "spent conviction records" from Australia for immigration purposes but only on the persons agreement to divulge/release these spent convictions records during the immigration proses.

So therefore it is illegal for an Australian government agency to divulge "spent conviction records"to anyone without the full permission of the person who has the spent conviction.

This would also i should hope cover any current Arrest/Conviction records that may be shared with USA because otherwise you would be discriminated against after the Australian 10 year statute of limitations for Spent convictions act because USA has no such law or act.

High security risk persons are declared to Interpol.

People with "spent convictions" in Australia have the right of law to tick NO on the USA ESTA because under Australian law they have "No Arrest or conviction".

The FBI holds arrest records that total 49 million to date which is scary but when you take into consideration USA has no "Spent Conviction" laws and all records are kept even "'Expunged records" then they would need many more than 49 million to include all arrested or convicted in the rest of the world since they started collecting records!

 

[Simo]

Getting Visa's sounds like getting passports.

My 2 year old daughter and my partner got there passports at the same time.

Partners was a renewal after it had been expired.

2 year old daughter took app 2 weeks.

Partner got a phone call about some information they needed 3 weeks after application.

We got the passport about 3-4 weeks before travel.

We should have got passports first and then booked.

We had discussions with the passport office but they could not renew it until the other govt department agreed that my partner was who she was. This was all over a middle name.

A paperwork slip up many many years ago by a govt department.

All I can say is always get your paperwork in order before booking trips.

 

[The Rok]

All I can say is always get your paperwork in order before booking trips.

That is by far the BEST ADVICE that anyone can possibly give for US Visa's and indeed for travelling to most countries. Do not just assume that things will be alright.

I have friends who have spent months planning their US trip for this year. What cities they will go to, where they will stay, what they will do, who to fly yada yada yada. They ignored my continuous please to get their visa first as he has a criminal record but they thought nope, your full of cough, mr know it all, it will be fine.

Now, well lets just say that I can say I told you so. They have just lost a fortune if airfares and pre paid accommodation.