Criminal record and obtaining a US visa

[Simo]

I wonder if he will get extradited but we don't want him back here...

I think he is a Kiwi...lol

 

[Hvr]

Convictions a matter of record - but for how long?

Vince Chadwick

April 8, 2012



THE last thing Annie Nash expected to discuss when she applied for a new job was her arrest outside Melbourne's Regent Hotel 24 years earlier.


As a 26-year-old, she was found guilty of assaulting police and resisting arrest at a rally against homelessness and unemployment. She received a $200 good-behaviour bond with no conviction recorded.

An interesting article and one that my surprise some people who talk about spent convictions, especially since there was no actual conviction.

Under the present system, the release of offences more than 10 years old is left to police discretion. Those that led to more than 30 months in jail or are less than 10 years old are automatically disclosed, including minor offences such as drinking in a public place and disputed parking fines​

An interesting area of discretion. One wonders if this is abused?
​

 

[Paddy55]

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!

I'm a believer in karma

Matthew Newton arrested in Miami for trespassing and resisting officers: US police

 

[arfadent]

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.

The Consulate have offered to return my passport and they have confirmed that my waiver application will continue to be processed. When (if) it is approved, I just need to send my passport to the Consulate and they will apply the Visa stamp and return it.

 

[serfty]

I don't believe Vic. has actual spent conviction legislation.

In any case there are some roles where employment requires a record search that overrides any such legislation.

This is not the case for US authorities.

 

[oz_mark]

I don't believe Vic. has actual spent conviction legislation.

In any case there are some roles where employment requires a record search that overrides any such legislation.

This is not the case for US authorities.

There is no spent conviction legislation in Victoria, but it is poilce policy not to release information more than 10 years old, except where the policy allows.

Be aware though, there is some evidence that there are companies around that trade in criminal record information (given that court cases are often on the public record). They are not bound by police policy.

 

[Flashback]

The Consulate have offered to return my passport and they have confirmed that my waiver application will continue to be processed. When (if) it is approved, I just need to send my passport to the Consulate and they will apply the Visa stamp and return it.

Sounds like what the UK Home Office does when processing EEA2 permits (as can take up to 6 months).

 

[nickykim]

Yes to confirm oz_mark's comment - there are private providers of police checks. We use one at work because VicPolice checks take too long and the check is returned to the person who is being checked not the person paying for the check. We have some roles where the employee cannot commence until the police check is received. And we have had a volunteer's police check come back with a relevant conviction.

 

[markis10]

There is no spent conviction legislation in Victoria, but it is poilce policy not to release information more than 10 years old, except where the policy allows.

Be aware though, there is some evidence that there are companies around that trade in criminal record information (given that court cases are often on the public record). They are not bound by police policy.

I don't believe Vic. has actual spent conviction legislation.

In any case there are some roles where employment requires a record search that overrides any such legislation.

This is not the case for US authorities.

While Victoria may not have a scheme, the federal scheme would take care of any issues:

Part VIIC of the Crimes Act 1914 (Cth), the Commonwealth "Spent Convictions Scheme" provides protection for individuals with old minor convictions in certain circumstances. The Privacy Commissioner has the power to investigate breaches of the legislation and is also required to provide advice to the Attorney General in relation to exemptions under the scheme. It covers convictions for minor federal, state and foreign offences, with the protections available varying according to which type of offence (federal, state or foreign) gave rise to the conviction. The scheme also covers pardons and quashed convictions.

 

[oz_mark]

While Victoria may not have a scheme, the federal scheme would take care of any issues:

Part VIIC of the Crimes Act 1914 (Cth), the Commonwealth "Spent Convictions Scheme" provides protection for individuals with old minor convictions in certain circumstances. The Privacy Commissioner has the power to investigate breaches of the legislation and is also required to provide advice to the Attorney General in relation to exemptions under the scheme. It covers convictions for minor federal, state and foreign offences, with the protections available varying according to which type of offence (federal, state or foreign) gave rise to the conviction. The scheme also covers pardons and quashed convictions.

But Note:
As far as anyone other than Commonwealth agencies is concerned, Part VIIC of the Crimes Act deals with the collection, use and disclosure of information relating only to Commonwealth or Territory convictions

 

[Empty]

Hi Everyone,

I just wanted to update this thread for those who have found it useful for information regarding criminal records and the visa appointments, in an effort to 'give back' the usefulness I got out of this

I was charged with conspiracy to commit fraud and making a false statement to police back in 2006, pled guilty, not convicted, good behaviour bond and small fine (was young and stupid!). I went through the visa process in 2010 and was denied due to having a police incident within 5 years. Decided to retry this year, as was hoping to go over in August if all goes well.
Meeting was at the Melbourne office this morning- was fairly nervous, but I will outline the process:
1. Waited outside the consulate for around 15 mins (I was 15 mins early, and there was a line)
2. We got let in in small groups- logged in with our information, had our bags/documents scanned and walked through a metal detector. Bags were left at the front desk and we were given a number relating to which box our stuff was in. We were also given a sticky label to wear on our collar.
3. Our small group was taken up to the interview area via the lift
4. Our passports were checked and we went through another metal detector. We were each handed a queue number at this stage.
5. There were chairs for us to wait on- and numbers were called up in numerical order for the first part of the interview.
6. When I was called up for the first interview, I handed over my interview confirmation page, receipt of visa fee, DS160 confirmation page and passport. I was also asked to hand over my police and court documents. Fingerprints were scanned at this stage.
7. Went back and waited for around 20 mins. The second interview was not called in numerical order.
8. When I was called up to the second interview, I discussed my reasons for wanting to travel to the USA. The interviewer also asked what I did for a living and how long I had been in my current employment. I had bank statements, receipts for assets, resume, references, employment contracts, letters confirming my reasons for wanting to travel, and a platinum post envelope- none of these were requested when I offered them to the interviewer (though I am glad I had them incase they were needed)
9. The interviewer advised I was ineligible, but that he would send off a request for a waiver of ineligibility (yay!) but that the process is currently taking around 4-5 MONTHS to be approved. He kept my passport, and police record. He handed my court documents back.
10. I left feeling happy but sad at the same time- 4 months= not enough time for me to go in August!

My advice for anyone in a similar position- make sure you organise an interview as early as possible. It does state on the website that 6-12 weeks wait is normal for the waiver to be approved/returned to you- but it seems to be 12+ weeks in reality. Also, have all your documents ready for the interview- they did check all my bank statements and resume, and asked about assets etc at my first appointment, so maybe because this was my second attempt they didnt need it from me this time.

Thanks to all the previous posters who shared their story- it was nice to go into the interview with a sense of what could happen (particularly accepting that I would be denied, then possibility of waiver being organised!)

 

[Anthx]

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.

You can collect your passport at anytime or they will post it too you. I am waiting for a waiver but have my passport. I emailed them and picked it up the same day. You just post it back to them when they email you saying to send it to them. You then have it back in a few days with the visa.

 

[Punk Phil]

Wow! All this is crazy.
I'm hoping someone here can advise me if it's worth it even trying to get a visa.
I was convicted and jailed for 3 months for trafficking, that was 12 years ago. I have turned my life around and haven't been in any trouble since.
I want to go to LA for a 3-4 day holiday later this year, but after reading all this it makes me think I'll be denied a visa.
What are your thoughts on my situation, do you think I'll be able to get one, or is it not even worth bothering with?

 

[Skyring]

I was convicted and jailed for 3 months for trafficking, that was 12 years ago. I have turned my life around and haven't been in any trouble since.
I want to go to LA for a 3-4 day holiday later this year, but after reading all this it makes me think I'll be denied a visa.
What are your thoughts on my situation, do you think I'll be able to get one, or is it not even worth bothering with?

If you're a convicted drug trafficker, you don't seem to be eligible for entry ever, according to the legislation. No visa, no visa waver, no hope.

However, if you wish to attempt entry without a visa (as most of us do) then you will have to fill out the Visa Waiver form online, which asks,

Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance; or have been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years or more; or have been a controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities?

You can take your chances on being untruthful here, as if it was twelve years ago, most likely the conviction is spent or expunged, and there will be no easily checked record.

You can apply and see if your application is approved. If it is, then it most likely means that you can travel and will be admitted because the immigration agents aren't going to have any better information available at LAX.

However, if they somehow discover the truth, then you will be denied entry and deported. They might give you some grief over making a false statement as well. The cost of failure could be very high indeed.

I'd consider lying about the arrest and trying the electronic form, depending on how you feel about lying to the US Government. If it doesn't work out, you're going to be on the American sh*itlist, but you'll be on it anyway, so no harm done. If it works out, you're most likely okay, so long as they don't find out some other way.

 

[NickTom]

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.

HiI applied on the 24th of feb and I was told that it would take up to 19weeks well I'm going in to my 17th week now and still no visa to top it off they sent me my passport back 4 weeks ago and said when they need it they will ask for it they must think I own a post office and the platinum envelopes are free I need to get to the US by 9th of August it's not looking good .
when I ring there so called call center in India there useless so don't know why there there .
will update soon if I get it when 19 weeks are up

 

[paul d]

So confusing -

i went to court 18 years ago after sending some hash in the mail to myself and some friends from Amsterdam ( yes , i know ) not a great deal but....
Now 18 years later i want to visit with wife and daughters to the US . I filled out NO to MT and controlled substance and was subsequently granted access
to the USA .
Is this sufficient ?
Has enough time lapsed ?
I have applied for my Police check anyway and if that comes back clean can i sleep at night ?
The thing is that i dont remember if it was a conviction or not - no jail but i did pay a fine !
Any advice ???

 

[arfadent]

HiI applied on the 24th of feb and I was told that it would take up to 19weeks well I'm going in to my 17th week now and still no visa to top it off they sent me my passport back 4 weeks ago and said when they need it they will ask for it they must think I own a post office and the platinum envelopes are free I need to get to the US by 9th of August it's not looking good .
when I ring there so called call center in India there useless so don't know why there there .
will update soon if I get it when 19 weeks are up

Hi NickTom,
I attended the Melbourne Consulate on the 7th of Feb and the interviewer told me the waivers were taking an average of 30 days! And I believed him! And I'm still waiting!
I will post here when I here something about my application and (assuming they process all requests in order) then you should probably get yours 2-3 weeks after that I guess.
Based on how the timeframe keeps getting blown out, I would not buy any non-refundable tickets if I was you NickTom. I'd love to know the reason for this extended processing time, it doesn't seem to make sense to me.
Arfa.

 

[Anthx]

Hi NickTom,
I attended the Melbourne Consulate on the 7th of Feb and the interviewer told me the waivers were taking an average of 30 days! And I believed him! And I'm still waiting!
I will post here when I here something about my application and (assuming they process all requests in order) then you should probably get yours 2-3 weeks after that I guess.
Based on how the timeframe keeps getting blown out, I would not buy any non-refundable tickets if I was you NickTom. I'd love to know the reason for this extended processing time, it doesn't seem to make sense to me.
Arfa.

Hi NickTom & Arfa,

I would appreciate if you would let me know if your waiver comes through. I have been waiting since 20th January. I know it takes a long time as I have applied before and gone through the whole process. It is now 21 weeks though. I have followed up and exactly as last time I applied they blow the time out by a few weeks to get you off their backs. If anyone else is in the same position (I am sure there are!!!) there is nothing you can do to speed it up!! The only thing that will speed them up is a dying relative in the US. The lesson is apply early. The last time I applied it took about 12 weeks.

 

[arfadent]

Hi NickTom & Arfa,

I would appreciate if you would let me know if your waiver comes through. I have been waiting since 20th January.

And I would certainly appreciate hearing when you get something back as well Anthx. I guess I can't hope to hear anything until at least 2-3 weeks after you get yours.
21 weeks and still waiting, wow. It just keeps getting worse and worse. :-(

Thanks for the post,
Arfa.

 

[NickTom]

And I would certainly appreciate hearing when you get something back as well Anthx. I guess I can't hope to hear anything until at least 2-3 weeks after you get yours.
21 weeks and still waiting, wow. It just keeps getting worse and worse. :-(

Thanks for the post,
Arfa.

Hi I sent the consulate an email on Monday asking for an update normaly they repl with in 24hrs they haven't yet I think my delay is the when I went for my interview the officer applied for a 5yr visa for me as it was my third time I applied for a visa and got the others so I told them if this is the reason just give me a one yr one as need to be in newyork by the 9th of August.
They haven't responded yet hope I get the email saying to send my passport back fingers crossed keep you posted