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sutho58
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Glad to hear it has finally come through, enjoy your trip. 
Criminal record and obtaining a US visa
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Dazzlebaby
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Thanks for the update and congratulations on receiving your VISA. My hubby attended his interview on March 14th and at the moment we have been waiting 19weeks. He got caught when he was 19 (now 44 Years) smoking a joint in a public place. We went to to Hawaii in 95 for our honeymoon and he went through this process and was apporoved in a much quicker time 2 weeks(prior to 9/11). We didn't realize that it would take this long and he only attended his interview 3 weeks before we were going. We postponed our trip to september thinking that would be plenty of time to receive it (Consular officer estimated 2-4 months). We are now 6 weeks out from leaving and we emailed the embasy to be told that they are currently taking 19 weeks to process.
Going on your time frame we should recieve it hopefully two weeks before we are scheduled to fly out. Just wondering if anybody attended an interview in Sydney about the same time and has received their's?
It has certainly been a lesson for our 3 boys to not do something stupid as it is still costing our family 25 years later ( has also added $3000 for postponing not to mention the police report and application fee) and we still don't know if it will come in time.
Fingers crossed as I don't think we can afford to postpone again and it would be horrible if he can't go.
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flymetothemoon
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I'm curious, did he apply for a visa back in 1995 because his criminal record was visible? I presume that's why you applied for a visa now (because his name was already on their "hit list" so to speak). Because if this was the first time you had been to the US, you really wouldn't have had to worry about applying for a visa as his criminal record would have been spent and nothing would have shown up.
Dazzlebaby
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Yes we did apply back then as we didn't want to risk arriving in Hawaii and he be sent back. Certainly would have ruined the honeymoon. Mind you it only cost $55 to get the police check and you just went in and got the fingerprint check at the police station. The process for the interview and being granted the visa waiver was also less of a hassell. It was granted in about 2 or 3 weeks. Does seem a little unfair that even though he hasn't done anything since and he still has to go through the hoops.
Another frustrating thing is the travel agent was telling us that her nephew (who had a minor conviction from 4 years ago) was traveling in Canada and decided to go to the USA, she warned him that he would have to apply and be prepared to wait for it to be approved even if it did get approved. He applied and received it in two weeks. This also happened in the last couple of months. How can someone applying under those circumstances get approval in a much quicker timeframe.
I am not sure if the conviction is spent that it doesn't show up as we had been told that USA had been given access and that is why they introduced the visa waived program. Like the whole situation there doesn't seem to be any clear cut information. I think I even read somewhere that possession of less than 30 grams of marijuan_ didn't come under the CMT guidelines but once again not very clear.
Oh well hopefully it will arrive in the next few weeks. Mind you their system their rules.
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If spent conviction legislation is in place (all except Vic.) then it is in contravention of that legislation for any government authority to disclose to entities such as most US authorities (including CBP) any information in relation to that spent conviction, irrespective of any rumoured VWP agreement.
See here:
http://www.australianfrequentflyer....g-u-s-spent-convictions-33726.html#post651568
and here:
Law Handbook .org.au - CRIMINAL RECORD CHECKS
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flymetothemoon
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It's disappointing that Victoria don't have a spent conviction legislation in place. So it looks like the only way in Victoria for nothing to show up on your record is if it's your first offence and you have been offered the diversion program (this is why the diversion program was bought in - to give people a second chance). Unfortunately in Victoria if you have not been offered the diversion program then even arrests will come back to bite you no matter how long it has been even if you were not convicted (depending on the severity of the crime and it's up to police discretion whether to release it or not). See this article: Convictions a matter of record - but for how long?
Thankfully though, if you are offered the diversion program in Victoria then NOTHING will show up as per this info taken from Melbourne Magistrate Booklet:
"If the conditions are successfullycompleted, the charges are discharged
with no finding of guilt and the outcome
is recorded in a similar manner as a
caution. The record is not available to
the public, including potential employers"
Hi All
thought id share my story. I am now 31 with a wife and 2 young children and we were planning a trip to the USA but 10 years ago I assulted someone. What happened was at my best friends 21st a quiet night ended in disaster as 20 gate crashers stormed the house, one guy hit my mate for no reason, I got angry to I hit him back and he was concussed and suffered a bruised jaw and broken hand as he fell back. I was charged and was given a 12 month jail term suspended. No other crimes I have commited no drink driving nothing else thats it, that one incident will haunt me, but I did it for my friend.
I applied for a visa so I rocked up with a file full of documents including letter from my employer which I have been with for 9 years, bank statements showing I can pay for holiday easily, bank details to show I have a home in Australia. References from others, a phyc report from 9 years ago confirming I am not a violent person and that I reacted to seeing my friend being hit. I even got a recent police clearance to confirm thats my only conviction which is 10 years old.
Got to interview and he asked if I had been arrested or convicted I said yes, I explained my record, showed court documents and transcripts to back me Up. I said I have a young family and we wanted to visit the USA, my children are 5 and 4 so would be great to go before they start school.
He then said he will be refusing my Visa unless in 30 seconds I can plead my case. My goodness, I said I have made 1 mistake in my life which gave me a record. It wasnt something I intended it just happened as a result of gatecrashers, I said I have a family and 2 young children, I have a stable job and my family want to visit the USA. He then said are there any documents you want to show me which will convince him to give me a visa, I said I have a file with everything, he didnt want to see it he wanted individual documents. I gave him references from employer, court documents and police clearance to confirm my 1 conviction. He went away for like 1 minute and said he wont be granting me a visa, due to my record and that its recent. I said how can 10 years be defined as recent. He then said he can send my application to washington to be assessed and it may be overrulled but he said he will be recommending no visa to be issued. This could take 5-6 months.
At this point in time I was furious, and told him dont bother, I have been overseas 10 times in the last 10 years without a problem and now you are saying I cannot enter your country due to a record which dates back 10 years as a one off offense. I left and now we are planning to go elsewhere.
I dont like being discriminated.
What do you all think about what happened to me, is it unfair or should I keep paying for my past.
thought id share my story. I am now 31 with a wife and 2 young children and we were planning a trip to the USA but 10 years ago I assulted someone. What happened was at my best friends 21st a quiet night ended in disaster as 20 gate crashers stormed the house, one guy hit my mate for no reason, I got angry to I hit him back and he was concussed and suffered a bruised jaw and broken hand as he fell back. I was charged and was given a 12 month jail term suspended. No other crimes I have commited no drink driving nothing else thats it, that one incident will haunt me, but I did it for my friend.
I applied for a visa so I rocked up with a file full of documents including letter from my employer which I have been with for 9 years, bank statements showing I can pay for holiday easily, bank details to show I have a home in Australia. References from others, a phyc report from 9 years ago confirming I am not a violent person and that I reacted to seeing my friend being hit. I even got a recent police clearance to confirm thats my only conviction which is 10 years old.
Got to interview and he asked if I had been arrested or convicted I said yes, I explained my record, showed court documents and transcripts to back me Up. I said I have a young family and we wanted to visit the USA, my children are 5 and 4 so would be great to go before they start school.
He then said he will be refusing my Visa unless in 30 seconds I can plead my case. My goodness, I said I have made 1 mistake in my life which gave me a record. It wasnt something I intended it just happened as a result of gatecrashers, I said I have a family and 2 young children, I have a stable job and my family want to visit the USA. He then said are there any documents you want to show me which will convince him to give me a visa, I said I have a file with everything, he didnt want to see it he wanted individual documents. I gave him references from employer, court documents and police clearance to confirm my 1 conviction. He went away for like 1 minute and said he wont be granting me a visa, due to my record and that its recent. I said how can 10 years be defined as recent. He then said he can send my application to washington to be assessed and it may be overrulled but he said he will be recommending no visa to be issued. This could take 5-6 months.
At this point in time I was furious, and told him dont bother, I have been overseas 10 times in the last 10 years without a problem and now you are saying I cannot enter your country due to a record which dates back 10 years as a one off offense. I left and now we are planning to go elsewhere.
I dont like being discriminated.
What do you all think about what happened to me, is it unfair or should I keep paying for my past.
flymetothemoon
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Wow! Thanks for sharing that story and I must actually say that the person who interviewed you certainly sounds like they woke up on the wrong side of the bed. I do recall that they don't look at assault convictions favourably no matter how long has passed although 10 years is still a relative lapse of time (apart from "celebrities" and athelets of course but that's a whole different story). Also the fact that you had a suspended jail sentence to them basically means that you were in jail which is also another factor they frown upon and it doesn't matter if it was 30 years ago, the fact that you have a suspended sentence is not a good look to them. Suspended sentence to the embassy = Jail Time
However what he said to you about sending your application off to Washington is the normal procedure. I've never heard of them being able to recommend it not being issued - I thought it's up to the people in Washington to decide that, but that might be the case. I know that they can refuse it on the spot if it's been UNDER 5 years. You story doesn't sound like the "norm" compared to what other people have posted on this forum. Most people seem to get quite friendly interviewers - I don't believe I've ever read someone having a rude interviewer. Can I ask which embassy you attended? Although if I may be honest, I think you telling him not to bother probably was not a good idea. But I am really sorry that you had to experience that and frankly I don't blame you for not wanting to ever go there after that experience! Have they still put your application through or did you just walk out and take your passport and documentation with you? I have my fingers crossed for you that it does get approved!
In answer to your question: Yes, it is unfair and no, you shouldn't keep paying for your past - you sound like a very loyal citizen since that happened but as many have said on this forum, you'll be shunned upon for the rest of your life if you ever want to visit the USA even if you committed a crime 50 years ago for something extremely minor. According to the US, nothing is a minor offence. We're all criminals until that visa is approved (and even then we're still criminals, just criminals with a valid approved visa for a certain amount of time)
D
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I agree, what a load of rubbish.
I would ( if I were you) make application for a visa any way, and keep doing it each time the old one runs out. You would look pretty silly if your employment changed and the boss wanted you in NY for some reason.
Besides the US is not defined by one border control office with a chip on his / her shoulder
Simo
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That is shocking.
I would apply for it anyway because 10 years and no other crimes at all.
Staff member having a really bad day and just wants to !u&k up your day as well.
moa999
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barefoot,
Sorry to hear the story.
With hindsight you could have waited till the 10-years was up (so long as not Vic) and been confident with spent convictions, but you have now I guess, shown your hand so the US will keep a record.
I think you did the right thing in withdrawing your application, as most of the previous posters have said that visa was refused initially (almost default answer) but then went to Washington with a positive recommendation.
I'd look elsewhere for the next holiday, and try again with another appointment, hoping for your application to be sent away with a positive recommendation.
Sorry to hear the story.
With hindsight you could have waited till the 10-years was up (so long as not Vic) and been confident with spent convictions, but you have now I guess, shown your hand so the US will keep a record.
I think you did the right thing in withdrawing your application, as most of the previous posters have said that visa was refused initially (almost default answer) but then went to Washington with a positive recommendation.
I'd look elsewhere for the next holiday, and try again with another appointment, hoping for your application to be sent away with a positive recommendation.
flymetothemoon
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I don't think barefoot ever stated that he has previously been issued a visa to the US, so I'm unsure what you mean by "doing it each time the old one runs out"
Don't you mean that he did the WRONG thing in withdrawing his application considering more previous posters have had a positive recommendation anyway when their application was sent to Washington?
moa999
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No,
I think barefoot did the right thing here.
The experience of most people who have posted here has been.
Visa refused initially, sent to Washington with positive recommendation, visa granted after five months (at present)
barefoot seemingly struck a bad interviewer who was not willing to provide a positive recommendation. I suggest this would have resulted in a formal refusal from Washington which would be recorded and no doubt mean applying again would be even more difficult.
By not having it sent to Washington with a negative recommendation, it gives barefoot a chance to succinctly think about the reasons and have another interviewer, hopefully with a more reasonable person.
I think barefoot did the right thing here.
The experience of most people who have posted here has been.
Visa refused initially, sent to Washington with positive recommendation, visa granted after five months (at present)
barefoot seemingly struck a bad interviewer who was not willing to provide a positive recommendation. I suggest this would have resulted in a formal refusal from Washington which would be recorded and no doubt mean applying again would be even more difficult.
By not having it sent to Washington with a negative recommendation, it gives barefoot a chance to succinctly think about the reasons and have another interviewer, hopefully with a more reasonable person.
YQY
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I totally agree, it is unfair. Furthermore, how was Nick D'arcy (Swimmer) allowed into the US when he was given a 14 month jail sentence in 2009, and he is bankrupt as well. It's the same with Matt Newton, convicted for assault in 2007. Are they entering the US on a different visa with more lax requirements?
flymetothemoon
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I know for a fact that if you are entering the US just for a holiday they are very strict but if you are going there to represent your country in some shape or form, then you apply for a different visa and they favour you more than if you were just a tourist going there for no reason.
S
sutho58
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INA: ACT 212 - GENERAL CLASSES OF ALIENS INELIGIBLE TO RECEIVE VISAS AND INELIGIBLE FOR ADMISSION; WAIVERS OF INADMISSIBILLITY
The above link is to the US Immigration and Nationality Act.
For those thinking of applying for a visa either through the embassy or the vwp who have committed a crime at some time of their life, it may pay to read the above. If you fall within one of the classes of persons for whom your crime or punishment is within the guide lines, point this out to the interviewer. Or, contact the customer service centre at DHS (Dept of Homeland Security) and ask for clarification as to how the question should be answered.
EDIT: google "9 FAM 40.21 (a)" which are guidelines to consular staff in determining ineligibilty.
The above link is to the US Immigration and Nationality Act.
For those thinking of applying for a visa either through the embassy or the vwp who have committed a crime at some time of their life, it may pay to read the above. If you fall within one of the classes of persons for whom your crime or punishment is within the guide lines, point this out to the interviewer. Or, contact the customer service centre at DHS (Dept of Homeland Security) and ask for clarification as to how the question should be answered.
EDIT: google "9 FAM 40.21 (a)" which are guidelines to consular staff in determining ineligibilty.
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Dazzlebaby
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Just wondering what date you attended the Consulate and which one?
My hubby attended Sydney on March 14th and it is now 20 weeks and 4 days. We aren't due to leave until the 6th September which would be well before the 160 days that another person recently mentioned. My husband has left his passport at the consulate as we didn't realize it would take this long (luckliy he hasn't needed it). They informed him that they would contact him to come in and pay the $25 for the 5 year visa and collect it. Was your visa a 1 year or 5 year?
It was just a tourist visa to go with my young family. Was refused. Was the Perth one. Didnt give me a real chance, my record is over 10 years old and was just a spur of the moment thing which costed me. Very frustrated that I have been discriminated and then to say it could take 4-5 months to get a ruling from Washington, he said he would not reccommend Washington my application so i thought whats the point and see you later
Hey all, I would like to know if anyone can help with my question. I have read this thread and not seen my situation raised.
In 2009 I was convicted of cultivating more than the prescribed amount of cannabis plants. I was fined $900 got a conviction.
No arrest or any other action were taken.
I am preparing all the required infomaition needed to apply for a visa. I am quite worried I will be denied.
Does anyone know of family or friends that have been in my shoes with the same or similar conviction?
I have never been in trouble with the law before that and have always worked. I will have a glowing
character reference from my employer. Like I said i am worried that I could be wasting my time as the conviction
is drug related.
Any infomation is appreciated.
In 2009 I was convicted of cultivating more than the prescribed amount of cannabis plants. I was fined $900 got a conviction.
No arrest or any other action were taken.
I am preparing all the required infomaition needed to apply for a visa. I am quite worried I will be denied.
Does anyone know of family or friends that have been in my shoes with the same or similar conviction?
I have never been in trouble with the law before that and have always worked. I will have a glowing
character reference from my employer. Like I said i am worried that I could be wasting my time as the conviction
is drug related.
Any infomation is appreciated.
flymetothemoon
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Honestly - I would NOT waste your time! You need to AT LEAST wait 5 years from the date you attended court + added time to complete requirements, if any, before you can apply for a tourist visa. They will refuse you straight away. And I know from experience. Especially being drug related and having a criminal record. The US embassy website clearly states this 5 year waiting period that has to be served before even trying to apply for a visa and even then it's not guaranteed. Sorry to be the bearer of bad news, but it is all noted on their website. p.s - If you got a fine and a conviction then you would have had to be arrested, that goes without saying.
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