Criminal record and obtaining a US visa

[mella2007]

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.

Anything involving drugs whatsoever is an automatic no with the US and as was within a short time frame, absolutely no hope of getting approved...if now, or if ever.

For the record, I know many people now in their 40's and 50's who had some sort of drug offence in their early 20's (Even for small possession). Every single one of them has been denied a VISA OR been denied entry at the border. These are now people who are well respected in their chosen fields, stable income and family life and glowing references.
Plan another destination if at all possible, as you will not be permitted to enter the country.

 

[jack3]

Thanks for the replies. From what I have read everyone within 5 years gets denied strait away but has the chance to appeal. Guess its different for drug related. flymetothemoon, I was not arrested or taken in to custody.

 

[mella2007]

Thanks for the replies. From what I have read everyone within 5 years gets denied strait away but has the chance to appeal. Guess its different for drug related. flymetothemoon, I was not arrested or taken in to custody.

Hi Jack3. You did say you received an conviction. Whether that was a charge by summons or not, unfortunately in the eyes of the law it's still a conviction.
Don't risk trying now as it will give you no le way further down the track as the years past. Not sure what state you're in, but if you're in Vic, you will find it very hard ever to get that visa.

 

[flymetothemoon]

Thanks for the replies. From what I have read everyone within 5 years gets denied strait away but has the chance to appeal. Guess its different for drug related. flymetothemoon, I was not arrested or taken in to custody.

You can't receive a conviction without not being arrested and summoned to court. Whether they say you are officially arrested or not is another story. Even if you just go in for questioning, that's still an arrest. But yes, no harm in trying in 2014/2015, whenever the 5 years is up! Good luck with it all.

 

[Skyring]

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?

View attachment 8683

Assault and similar offences, even if they result in imprisonment, do not involve moral turpitude, so they are fine to get in. They'd likely have to get a visa, however. Stupidity and poor judgement aren't mentioned.

 

[flymetothemoon]

Assault and similar offences, even if they result in imprisonment, do not involve moral turpitude, so they are fine to get in. They'd likely have to get a visa, however. Stupidity and poor judgement aren't mentioned.

Here is a list of what is and what isn't moral turpitude - Moral turpitude - Wikipedia, the free encyclopedia. Makes me so angry to think that simple assault IS NOT moral turpitude yet blackmail and prostitution is?????? Anyway, yes, they still would have had to apply for a visa, but I still do know from a good source that if you are visiting because you are representing your country or going there for treatment or work purposes, you apply for a different visa and they are more lenient and look at the case differently. They are very strict when it comes to just going there for a holiday.

The embassy website doesn't mention moral turpitude - just states that if you have been arrested or convicted or charged with a crime you need to apply for a visa.

 

[Skyring]

The embassy website doesn't mention moral turpitude - just states that if you have been arrested or convicted or charged with a crime you need to apply for a visa.

Yeah, that bugs me too. I guess if we looked into the Visa Waiver scheme legislation we'd find that having a clean record is a condition of being granted a waiver. Anyone know the legislation backing this scheme?

(Later) This might shed some light, but it's incredibly dense reading, with lots of cross-references. I still can't see where the requirement to apply for a visa if arrested etc. comes from. There must be something, but I can't find it in the legislation or regulations.

 

[flymetothemoon]

Assault and similar offences, even if they result in imprisonment, do not involve moral turpitude, so they are fine to get in. They'd likely have to get a visa, however. Stupidity and poor judgement aren't mentioned.

Duplicate post by mistake - please delete this post

 

[HarryB]

You can't receive a conviction without not being arrested and summoned to court. Whether they say you are officially arrested or not is another story. Even if you just go in for questioning, that's still an arrest

Not quite. When you are arrested you are normally charged, finger printed and bailed or held in custody to be taken before a magistrate. You can be taken into a cop shop or go in under your own volition and be questioned without being arrested. If you are summonsed to court for a crime and haven't been arrested prior then you are charged in the court and therefore you can have a conviction without being arrested.

Regardless, the waiver states arrested or convicted so in this case there is little chance of the visa being granted.




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[Oxyriffs]

5 weeks down now.
15-55 weeks to go!!

 

[Dazzlebaby]

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?

Ok we contacted the Consulate number yesterday as it was 5 months (22 weeks) since my hubby's interview. We have received a response back today that they are currently taking about 24 weeks to process so it looks like another 2 weeks to wait. The children and I are booked to fly out on the 6th September so If it does take 24 weeks then that is a week up our sleeve. Fingers crossed it comes through in time.

 

[mella2007]

Fingers crossed its actually approved. Hope you have insurance.

 

[equus]

Fingers crossed its actually approved. Hope you have insurance.

Most insurance won't cover you for being refused a visa.

 

[katejenno]

My husband to is waiting for he's passport to be retuned ,(hopefully with a visa in it) 5 months is such a long time to wait.
he's crime was 30 years ago
i have sent them a couple of emails asking what the process is and they don't even respond to the question you are asking
all i got was, that they are currently taking up to a year.
Just what i wanted to hear after being told it will be 5 months.
We still have a few months to go. does anybody know what the number is that you all have been calling? all i have is the number for the visa call centre which
they tell me they have no info on the waiver of inelegibility.

 

[Oxyriffs]

Hey Katejenno when did your husband have his interview?

 

[katejenno]

yes 8 weeks ago

 

[wake_crazy]

Hey guys, been reading up of here the last few weeks, thought id share my story. I got a conviction for theft 7 years ago, only a small item.
I didn't do enough research, before i applied, so Already putting a deposit down for my honeymoon i had my interview on March 8th 2012 was told they couldnt approve it due to moral turpitude, waiting time was 3 months, i was told i was lucky i had plently of time to get a answer.

3 months later, got no response, so i emailed the consulate. I was informed the response time was now 19 weeks.

19 weeks passed, got no response, so i emailed the consulate. I was informed the response time was now 21 weeks.

waited another 2 weeks for the same thing to happen,so i emailed the consulate. I was informed the response time was now 23 weeks. Now getting closer to the date, i really needed to either give up and organize something else, or wait and hope for the best.
so i though id give it 1 last go, I sent another email off asking what was happening, to my surprise i got a response saying my case had been escalated. 2 days later (this Morning) i received a email from the consulate saying my visa was approved.
it took its time and i finally got it.
best of luck to everyone still waiting. My total wait time was 169 Days.

 

[tuapekastar]

Hey guys, been reading up of here the last few weeks, thought id share my story. I got a conviction for theft 7 years ago, only a small item.
I didn't do enough research, before i applied, so Already putting a deposit down for my honeymoon i had my interview on March 8th 2012 was told they couldnt approve it due to moral turpitude, waiting time was 3 months, i was told i was lucky i had plently of time to get a answer.

3 months later, got no response, so i emailed the consulate. I was informed the response time was now 19 weeks.

19 weeks passed, got no response, so i emailed the consulate. I was informed the response time was now 21 weeks.

waited another 2 weeks for the same thing to happen,so i emailed the consulate. I was informed the response time was now 23 weeks. Now getting closer to the date, i really needed to either give up and organize something else, or wait and hope for the best.
so i though id give it 1 last go, I sent another email off asking what was happening, to my surprise i got a response saying my case had been escalated. 2 days later (this Morning) i received a email from the consulate saying my visa was approved.
it took its time and i finally got it.
best of luck to everyone still waiting. My total wait time was 169 Days.

Welcome to AFF and glad you got your visa OK. It does seem like bureaucracy is the same the world over!

 

[flymetothemoon]

Hey guys, been reading up of here the last few weeks, thought id share my story. I got a conviction for theft 7 years ago, only a small item.
I didn't do enough research, before i applied, so Already putting a deposit down for my honeymoon i had my interview on March 8th 2012 was told they couldnt approve it due to moral turpitude, waiting time was 3 months, i was told i was lucky i had plently of time to get a answer.

3 months later, got no response, so i emailed the consulate. I was informed the response time was now 19 weeks.

19 weeks passed, got no response, so i emailed the consulate. I was informed the response time was now 21 weeks.

waited another 2 weeks for the same thing to happen,so i emailed the consulate. I was informed the response time was now 23 weeks. Now getting closer to the date, i really needed to either give up and organize something else, or wait and hope for the best.
so i though id give it 1 last go, I sent another email off asking what was happening, to my surprise i got a response saying my case had been escalated. 2 days later (this Morning) i received a email from the consulate saying my visa was approved.
it took its time and i finally got it.
best of luck to everyone still waiting. My total wait time was 169 Days.

Thanks for sharing. Can I ask if you have a public criminal record for this charge or were you lucky enough to avoid a criminal record?

Also, does anyone know what the likelihood would be of getting a visa for 2 moral turpitude charges (for the one offence/same date), no criminal record and the 5 year date has just passed? Going by most posts, it seems like the results would be favourable.

 

[katejenno]

well done wake_crazy i'm really happy for you
enjoy your honeymoon.