Criminal record and obtaining a US visa

[NickTom]

Just an update just got an email by from the consulte it now gone to 20 weeks wait now still processing what a joke does the right hand know what the left is doing there
im in my 17th week I email DHS to see what the hold up is will let you know what they say

 

[sutho58]

for those of you having trouble,, my suggestion would be to ask for an appointment to see the Consul General,, when you are asked why? tell the person that you are finding the service that you are receiving is not acceptable. 1 of 2 things may happen, you will receive and answer quicker, or, you may just get to meet the Consul General and ask for his assistance..can't hurt.

 

[NickTom]

for those of you having trouble,, my suggestion would be to ask for an appointment to see the Consul General,, when you are asked why? tell the person that you are finding the service that you are receiving is not acceptable. 1 of 2 things may happen, you will receive and answer quicker, or, you may just get to meet the Consul General and ask for his assistance..can't hurt.

Hi thanks for the advice which consul general the us or aus if it is the us one were would I go to make an appointment thanks nick

 

[sutho58]

the Consul General is located at the US Consulate in Melbourne. If you have made your application at the Melbourne office, this is the office that you should ask for an appointment. chances are, that once the staff member that you keep getting the runaround from realises that you want to take your application higher, they may make a quicker decision..

 

[NickTom]

the Consul General is located at the US Consulate in Melbourne. If you have made your application at the Melbourne office, this is the office that you should ask for an appointment. chances are, that once the staff member that you keep getting the runaround from realises that you want to take your application higher, they may make a quicker decision..

Thanks for replying I apllyed in Sydney the consul general here is in Canberra I sent an email to homeland security in USA there the one that Sydney blames for taking there time I will just wait and see what bull**** they say keep you and others posted

 

[NickTom]

Hi have you got a reply yet or have you chased your visa up

 

[MattSydney]

Hi all,

I had my interview for a US tourist visa on Friday June 8th in Sydney (almost 3 weeks ago). My details were sent off for a waiver of ineligibility. I will keep you updated when I hear anything back from them (not anytime soon based on the posts on this forum, which means bye bye to my plans of travelling in October!).

A question - how will I know when my waiver has been approved or denied? I requested to have my documentation sent to a post office in the city near my work. Will they email me and let me know they are sending my documentation and it is ready to pick up?

Cheers,

Matt

 

[Anthx]

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.

Received my waiver and visa in the post 21 June.....woohoo!! Hopefully you will receive yours shortly. Good luck.

 

[WhoaaMyNinja]

Hi guys,

Haven't seen this answered, and I'm guessing my best port of call is an immigration lawyer, but I thought I'd put it out there anyway.

Firstly, I have a finding of guilt from 11 years ago. It was for theft & I got was a fine. I applied for a visa in 2009 and was denied without the option of a waiver of ineligibility because in 2006 and I entered under the VWP, as I didn't know that I had to declare the finding as I had never traveled before & had no idea what the bugger moral turpitude was (it wasn't a deliberate action). I'm worried that this will be counted against me, as I didn't apply for a visa the last time.

The consulate official told me to try again 5 years from entering on the VWP as I had committed fraud in order to enter the US.

My question is, has anyone ever had this scenario, and if so, what was the outcome?

Is a ban ever permanent for lying on the I94 even though it was an honest mistake, and not meant as willful misrepresentation?

I really want to go back, and don;t really have any interest in going anywhere else. Any info or advice would be much appreciated!

 

[cove]

I think you should apply and then wait patiently. It may take 20 weeks so be sure not to have other international travel plans when you hand over your passport.

 

[Maca44]

I applied for a visa in 2009 and was denied without the option of a waiver of ineligibility because in 2006 and I entered under the VWP, as I didn't know that I had to declare the finding as I had never traveled before & had no idea what the bugger moral turpitude was (it wasn't a deliberate action). I'm worried that this will be counted against me, as I didn't apply for a visa the last time.

The consulate official told me to try again 5 years from entering on the VWP as I had committed fraud in order to enter the US.

Can I ask how the TSA found out you had entered the USA with a criminal conviction. Were you refused entry at the port of entry in 2006?

 

[WhoaaMyNinja]

Can I ask how the TSA found out you had entered the USA with a criminal conviction. Were you refused entry at the port of entry in 2006?

I was allowed through in 2006 as I ticked 'No' on the I-94, not knowing that my finding of guilt was considered moral turpitude. When I applied in 2009, I was truthful on my form saying that I had been to the US before, and the stamp was i my passport. I didn't want to get in trouble any further. Looking back, I probably would have got through without any problems if I had just kept my mouth shut.

Guess that's what happens when you try and do the right thing, rather than knowingly lie.

 

[flymetothemoon]

I was allowed through in 2006 as I ticked 'No' on the I-94, not knowing that my finding of guilt was considered moral turpitude. When I applied in 2009, I was truthful on my form saying that I had been to the US before, and the stamp was i my passport. I didn't want to get in trouble any further. Looking back, I probably would have got through without any problems if I had just kept my mouth shut.

Guess that's what happens when you try and do the right thing, rather than knowingly lie.

Do you actually have a criminal record or just a finding of guilt with no criminal record?

 

[WhoaaMyNinja]

Do you actually have a criminal record or just a finding of guilt with no criminal record?

I have a finding of guilt without a conviction. It doesn't show up on my police check anymore because it was 11 years ago now, but a finding of guilt is just as good as a conviction and record to US immigration. I'm wanting to defend their finding that I willfully misrepresented myself when initially filling out the I94 in 2006. It wasn't willful, it was unintentional and in all honesty I thought I was doing the right thing.

 

[flymetothemoon]

I have a finding of guilt without a conviction. It doesn't show up on my police check anymore because it was 11 years ago now, but a finding of guilt is just as good as a conviction and record to US immigration. I'm wanting to defend their finding that I willfully misrepresented myself when initially filling out the I94 in 2006. It wasn't willful, it was unintentional and in all honesty I thought I was doing the right thing.

I don't understand sorry. If you have a finding of guilt without a conviction then it will and would NEVER show up on your police check no matter how short or long ago it was. In Victoria if you get charged with a conviction but it's your first offence and you admit guilt you just get a warning and the charge gets dropped from your record so nothing is ever seen (it's called Diversion), which means your police record will say nothing even though you have been charged with an offence.

 

[serfty]

I don't understand sorry. If you have a finding of guilt without a conviction then it will and would NEVER show up on your police check no matter how short or long ago it was. In Victoria if you get charged with a conviction but it's your first offence and you admit guilt you just get a warning and the charge gets dropped from your record so nothing is ever seen (it's called Diversion), which means your police record will say nothing even though you have been charged with an offence.

In any case that's moot, WhoaaMyNinja has given conflicting information to the USA authority and as a result will have difficulty visiting the USA (as WhoaaMyNinja has indicated) going forward.

 

[flymetothemoon]

In any case that's moot, WhoaaMyNinja has given conflicting information to the USA authority and as a result will have difficulty visiting the USA (as WhoaaMyNinja has indicated) going forward.

I know it makes no difference now but the information is conflicting. You can't have a "finding of guilt with no conviction" and then in the same sentence say that it "doesn't show up on my police certificate anymore because it was 11 years ago". I just wanted to clarify it cause I'm more confused now.

Also, if WhoaaMyNinja was allowed to enter in 2006, why did he have to appy for a visa in 2009? Why didn't he/she just enter on the VWP if he had no visible criminal record?

 

[Maca44]

Also, if WhoaaMyNinja was allowed to enter in 2006, why did he have to appy for a visa in 2009? Why didn't he/she just enter on the VWP if he had no visible criminal record?

He was allowed to enter in 2006 because he incorrectly entered "no' to any "ARREST" or "conviction" on the I94 form, and then when he later applied he answered truthfully that he had a conviction which is when his real problem commenced.

 

[Oxyriffs]

Hey everyone. Just like everyone else in this thread I'm looking for some advice.

Last Year I jumped through all the hoops (interview, send away my passport etc) to obtain a twelve month VISA to the US.
While I was waiting for my passport to come back a tore my ACL and therefore all travel plans were put on hold.
I am now ready financially to travel again in April next year (Honeymoon)and have booked my interview for Wednesday.

Has anyone had to do this interview twice? If nothing has changed since last time, will they still send away my passport or is there a chance that it can be granted on the spot?
Any information would be great. All the documentation clearly shows that nothing has changed since I was last granted a visa.

Just a bit scared that I will lose my passport for 20 odd weeks. :shock:

 

[NickTom]

Hi no nothing has changed interview wise but be prepared for a long wait I applied on 24th of feb and still waiting you can keep your passport and send it back when your visa is granted they will contact you via email like I said 20 weeks and still know visa