Criminal record and obtaining a US visa

[trayden]

When you dig deep enough into Q&A,s of the ESTA it tells you the 3 stages of ESTA Approved Pending and Denied.

It also states that if denied ESTA online you are considered to be a risk to USA and unable even fly to USA.

It also states that the ESTA posses checks you against a data base of people of risk.

So for those who ticked NO on ESTA and got refused (I know there are a few on this thread) then US Homeland Security do indeed have info on you so you better tell the truth when applying for a Visa.

 

[TiredOldFlyer]

I am very pleased to see that the USA is only occupied by perfect people and that any one who had a minor conviction when young and foolish is prohibited.
Make me feel safe - however California lives on cheap labour that "walks" across Boarder.
How do the USA have access to "criminal" records from Australia from years ago - records that are not required to be declared in Aus after a period of time ?

 

[serfty]

...
How do the USA have access to "criminal" records from Australia from years ago - records that are not required to be declared in Aus after a period of time ?

I don't believe they do - except for certain exceptions, it's against regulation for any Oz government institution to pass information regarding "spent" or "passed" convictions to any other entity - and US government Visa waivers are not amongst the few exceptions.

 

[TiredOldFlyer]

I don't believe they do - except for certain exceptions, it's against regulation for any Oz government institution to pass information regarding "spent" or "passed" convictions to any other entity - and US government Visa waivers are not amongst the few exceptions.

Thankfully I am not in that situation but there seem to be many on this thread who claim that an "minor" offence when they were young forbids entry to the States and that these convictions, in Aus, are now "Spent"
Some of the posts indicate that the US never forgives and never forgets !

 

[serfty]

...
Some of the posts indicate that the US never forgives and never forgets !

I guess that's what happens if you tell them - often it's the only way they find out.*

* This specially refers to spent or passed convictions; which for example in SA, are over ten years old, not of a sexual nature,did not result in a jail term of more than two years and if no further offences have been committed since.

 

[Skyring]

I guess that's what happens if you tell them - often it's the only way they find out.*

* This specially refers to spent or passed convictions; which for example in SA, are over ten years old, not of a sexual nature,did not result in a jail term of more than two years and if no further offences have been committed since.

It's now been over ten years since 9/11. Possibly they have been collecting information since then. Or they could be trawling through old court records and newspaper archives in much the same way the Mormons go hunting up people to baptise them. Such as Anne Frank.

By their very nature, spent convictions shouldn't raise any interest at the border crossing. It's the recent conviction for murder or cyberfraud or gun-running that is rightly stopworthy.

And yet, we spend our time here discussing the sad cases of people who shoplifted a Mars bar or got drunk as a student, and are now, twenty years later wondering if they can go see Disneyland with the kids. The official response is to spend six months or more gathering court documents, having interviews with officials and waiting for the word.

 

[flymetothemoon]

It frustrates me when today I read in the paper that Matthew Newton is now living a "peaceful" life in the U.S

How on earth is he allowed to travel to the U.S (not sure if he had to apply for a visa or not) but other people on this forum have to go through so much trouble and heartache to apply for a visa for such minor offences that happened soooooo many years ago only to be disappointed with rejections, wait months for their passports to arrive or wait months to get approvals.

He has pending assault charges, has had numerous charges, convictions etc. etc. but is allowed to live "peacefully" in the U.S??

Seems unjust and unfair that celebrities seem to always have better rights over us plebs!

 

[arfadent]

Just another tale of woe I thought people might be interested in. Plus a worsening of the timeframe for anyone needing to apply.

Visited Melbourne Consulate 8 weeks ago for holiday visa and was told about 30 days for a 'waiver of ineligibilty'.
Tried to be patient but finally emailled Melbourne today and got back an automated response. A few parts i will post.....

1. We will make every attempt to respond within five to seven working days.
- Ok, not great but I can live with that.

2. Unfortunately, we are unable to provide updates or status checks on pending visa applications via this or any other email address
- Ok, I have wasted my email, I can live with that, I will just have to call them

3. Special Note for Waiver Requests: The Dept. of Homeland Security's processing timelines have increased for waiver requests. They are currently taking 16 weeks or more to complete processing. This processing must be completed before a visa can be issued . We understand that the delay affects your travel, however this processing is mandatory and based on legal requirements.
- Bang! There goes the holiday. Fully paid, non refundable and supposed to be leaving in 3 weeks.

So whatever "this processing is mandatory and based on legal requirements" means I have no idea, however anyone with a criminal record wanting to enter the US, you have better give yourselves a timeframe of about 6 months if you take into account sourcing Police and Courts documents to support your application.

I will post updates if I get anything more of use.
Arfa,

PS, my background if anyone wants some context. Larceny conviction 25 years ago (18 year old). Travelled to US once before conviction was 'spent' so did the right thing and admitted it on my Visa application (and got a Visa fine but this was back in '96) so wouldn't ever have taken the chance to deny it now as they would most likely still have it on their records. Also was stupid to accept Travel Agents comment of "You don't need a Visa, just go to this website and pay $14 and you're in". Also stupid to believe Consulate interviewers estimate of "about 30 days" so we took the chance and went past the refundable stage because we still had almost 12 weeks before departure at that time. I only found this website after it was too late. Yes, I will lean on travel agent due to their (potentially misleading) comments but don't want to go down legal recourse path. Looks like a very (very) expensive lesson.

 

[UP4014]

Just another tale of woe I thought people might be interested in. Plus a worsening of the timeframe for anyone needing to apply.



So whatever "this processing is mandatory and based on legal requirements" means I have no idea, however anyone with a criminal record wanting to enter the US, you have better give yourselves a timeframe of about 6 months if you take into account sourcing Police and Courts documents to support your application.

I will post updates if I get anything more of use.
Arfa,

PS, my background if anyone wants some context. Larceny conviction 25 years ago (18 year old). Travelled to US once before conviction was 'spent' so did the right thing and admitted it on my Visa application (and got a Visa fine but this was back in '96) so wouldn't ever have taken the chance to deny it now as they would most likely still have it on their records. Also was stupid to accept Travel Agents comment of "You don't need a Visa, just go to this website and pay $14 and you're in". Also stupid to believe Consulate interviewers estimate of "about 30 days" so we took the chance and went past the refundable stage because we still had almost 12 weeks before departure at that time. I only found this website after it was too late. Yes, I will lean on travel agent due to their (potentially misleading) comments but don't want to go down legal recourse path. Looks like a very (very) expensive lesson.

Your travel agent will have (should have) professional indemnity insurance, for giving you professional advice you relied on which is wrong. Proving it may be a problem unless you have some documentation or a witness.

Matt

 

[Simo]

It frustrates me when today I read in the paper that Matthew Newton is now living a "peaceful" life in the U.S


He has pending assault charges, has had numerous charges, convictions etc. etc. but is allowed to live "peacefully" in the U.S??

Seems unjust and unfair that celebrities seem to always have better rights over us plebs!

Can we please not call Matthew Newton and a celebrity.

He is a criminal and we should not give him any more attention than he gets.

I would have thought he had convicyions recorded against himself.

 

[yo yo ma]

It frustrates me when today I read in the paper that Matthew Newton is now living a "peaceful" life in the U.S

How on earth is he allowed to travel to the U.S...

Great first post... hopefully justice will finally be served this time.

 

[flymetothemoon]

Can we please not call Matthew Newton and a celebrity.

He is a criminal and we should not give him any more attention than he gets.

I would have thought he had convicyions recorded against himself.

Celebrity or not a celebrity, the fact that he is allowed to get a visa to live there bothers me when so many other people on this forum have to go through a huge rigmarole to even be considered approved for a visa! How on earth he is able to get through customs is a complete mystery!

 

[Simo]

Celebrity or not a celebrity, the fact that he is allowed to get a visa to live there bothers me when so many other people on this forum have to go through a huge rigmarole to even be considered approved for a visa! How on earth he is able to get through customs is a complete mystery!

Probably cost himself a fortune in extra charges such as get some QC to fill out the forms.

 

[serfty]

Probably cost himself a fortune in extra charges such as get some QC to fill out the forms.

... or his parents ...

 

[cove]

Our staff member is in the US now.....the 16 week wait to get to yes all worked out in the end....but was frustrating seeing he wanted to get hitched in Las Vegas. Now he will have his wish come true.

 

[Mish]

I agree fully with your last statement because to get a US visa prior to your conviction being spent would involved you disclosing your conviction in the first place or risk having US obtaining your conviction records on request which Australia would be obliged to give anyway.

Your second statement though leads people to believe that the US has information on a data base all conviction even though you may never want to go to USA or if travelling to the USA for the first time after a conviction is already spent!

This would mean that US has details of every conviction in Australia on a data base to keep forever spent or not! this is very unlikely

Have to concur with this. Friend spoke with the US Embassy information staff regarding a low range PCA charge that was Dismissed under Section 10 in NSW. [i.e. Arrest, a finding of guilt, but no conviction recorded]. Friend applied for and received a US Visa quickly. 5 years later, he found out that low range PCA charges didn't have to be declared. He spoke with the US Embassy information line staff about whether he can just use the Visa Waiver program.. Here is the crux of the matter:

"Did you ever try use the Visa Waiver Program and declare this, or just declare it on your Visa application"

End result was that with no knockback on VWP and no declaration / knockback - he was fine.

[Normal disclaimer regarding 'this is not legal advice' ]

 

[ksthommo]

My two bobs on this matter, why does the US Consulate hang on to your passport knowing that you won't be seeing
it again for 3-4 months at the extreme or longer maybe? I wouldn't like to be in someones position trying to get their passport
back for emergency travel or holiday elsewhere.

They should scan the passport or note the details, when approved send the passport back in, if not approved, no big deal, you have your passport.

 

[Maca44]

My two bobs on this matter, why does the US Consulate hang on to your passport knowing that you won't be seeing
it again for 3-4 months at the extreme or longer maybe? I wouldn't like to be in someones position trying to get their passport
back for emergency travel or holiday elsewhere.

They should scan the passport or note the details, when approved send the passport back in, if not approved, no big deal, you have your passport.

They use the excuse that should your visa application be approved, they need your passport into which they stamp the visa.

 

[Simo]

I would hate that someone else was holding my passport.

Even if they did need it to add a Visa into it.

This year I have 3 overseas trips which are app 3 months apart from each other.

 

[MatF]

Great first post... hopefully justice will finally be served this time.

May not take long:
http://www.dailytelegraph.com.au/ne...-and-trespassing/story-e6freuy9-1226321395192