Criminal record and obtaining a US visa

[fonz0410]

hi all

I just thought id add my two cents as well - i agree that for USA, the 5 year ban applies - the same goes for Canada as well - does anyone know if the same applies for UK or new zealand as well?? i cant seem to find any info on their websites regarding this.

i have a conviction from 2 years ago and want to plan a holiday in the next year or so. Sadly, USA and Canada seem to be out of the question for the next few years

 

[stevemilo]

hi all

I just thought id add my two cents as well - i agree that for USA, the 5 year ban applies - the same goes for Canada as well - does anyone know if the same applies for UK or new zealand as well?? i cant seem to find any info on their websites regarding this.

i have a conviction from 2 years ago and want to plan a holiday in the next year or so. Sadly, USA and Canada seem to be out of the question for the next few years

Nope, as far as I know, it's only the USA and Canada that have the 5 year ban. Other countries don't..........yet.

 

[stevemilo]

Might I just add how pleased and happy I was to read that Wayne Carey was refused entry into the USA. Does he really think he is above the law? Does he think that he is superior to everyone else? I don't think so! Did he really think he would even be allowed into the USA with his prior convictions without even applying for a visa??? What a fool!!

 

[markis10]

Nope, as far as I know, it's only the USA and Canada that have the 5 year ban. Other countries don't..........yet.

NZ has a 10 year ban :

To grant you a New Zealand visa or permit we need to be assured that you and any family included in your application are of good character. We make this requirement to protect the well being and security of New Zealanders.

Under section 7(1) of the Immigration Act we will not grant you a visa or permit if:

• you have been convicted and sentenced to imprisonment for 5 years or more (this applies even if any of your offences have later been taken off the record)
• in the past 10 years you were convicted and sentenced to imprisonment for 12 months or more
• currently, you have a removal order from New Zealand in force against you
• you have been deported from any country, including New Zealand
• you have been involved in terrorist activities, or belonged to or supported any organisation involved in terrorist activities
• it is believed you are likely to commit – or to assist others to commit – criminal or drug offences, or an act of terrorism, in New Zealand
• it is believed you are likely – due to any international circumstances – to be a danger to New Zealand’s security or public order
• it is believed you are associated with an organisation or group that has criminal objectives or is engaged in criminal activities and for that – or any other reason – you’re considered to be a threat to the public interest or public order of New Zealand.

We carry out character checks on everyone 17 years or over included in residence applications or applying for temporary entry for 24 months or longer. We may also undertake a character check on anyone else that we consider may not meet our character requirements.

http://glossary.immigration.govt.nz/Goodcharacter.htm


Ditto the comments on Mr Carey, there has been lots of posts about problems occuring here, to have a problem occur in the US and not expect the authorities to recognise it in your record on entry is laughable!

 

[stevemilo]

NZ has a 10 year ban :

To grant you a New Zealand visa or permit we need to be assured that you and any family included in your application are of good character. We make this requirement to protect the well being and security of New Zealanders.

Under section 7(1) of the Immigration Act we will not grant you a visa or permit if:

• you have been convicted and sentenced to imprisonment for 5 years or more (this applies even if any of your offences have later been taken off the record)
• in the past 10 years you were convicted and sentenced to imprisonment for 12 months or more
• currently, you have a removal order from New Zealand in force against you
• you have been deported from any country, including New Zealand
• you have been involved in terrorist activities, or belonged to or supported any organisation involved in terrorist activities
• it is believed you are likely to commit – or to assist others to commit – criminal or drug offences, or an act of terrorism, in New Zealand
• it is believed you are likely – due to any international circumstances – to be a danger to New Zealand’s security or public order
• it is believed you are associated with an organisation or group that has criminal objectives or is engaged in criminal activities and for that – or any other reason – you’re considered to be a threat to the public interest or public order of New Zealand.

We carry out character checks on everyone 17 years or over included in residence applications or applying for temporary entry for 24 months or longer. We may also undertake a character check on anyone else that we consider may not meet our character requirements.

Good character - New Zealand Immigration Service


Ditto the comments on Mr Carey, there has been lots of posts about problems occuring here, to have a problem occur in the US and not expect the authorities to recognise it in your record on entry is laughable!

Re. NZ entry - Looks like that is only if you have had jail time that you would need to get a visa to travel there. Well looks like Wayne has to apply for a visa now to go to NZ as well seeing as though on of their questions is whether or not you have been deported from any country. It's not just the problem with the USA, it's the problems he also cause in Aust that caused him to get deported! Serves him right! I'm sick of these so called sporting celebrities to think that they have different rules to us nobody's!

 

[kelley73]

Hi,
I too have a similar situation, My mother lives in US and we wish to visit. But it's my daughters father with minor drug (marijuan_) convictions 3 or 4 I think I am hoping only 2, which have been paid for and one common assault charge in 2007 which was a domestic dispute between him and myself , last one 2 years ago none since, he won't let me take her for six months without him, I am worried he can't get in to US ,,yes please if anyone has any concrete good advise and know people who have been able to get in on 3 month holiday visa please reply, we are planning to go in January Feb 2010, is this enough time if there are dificulties with his... I have started a thread, on the new posts my name is kelley73 about this same issue different but similar heading.

I'm hearing immigration lawyers but I hear that's $3000 or more is that for just a holiday or is that for trying to get residence..
thanks
kelley

 

[kelley73]

Hi all ,

I was also reading that someone was inquiring about New Zealand, I have a good friend who has several serious drug charges, he has turned his life around since , but those convictions were only about 4 years old when he left to New Zealand and he has never come back to Australia only for holiday, he even got a credit card within 2 weeks and had poor credit rating here in OZ, and then he got a loan not long after , how do they do it !!!

Kelley

 

[harvyk]

My understanding with New Zealand is that it's all about been of good character rather than simply having (or not having) a criminal record.

 

[stevemilo]

Does anyone believe Wayne Carey when he said that he will be allowed back into the USA, it's just because he filled out the form incorrectly? He and his lawyer are saying that it has nothing to do with his arrests. I fail to see how that could be so seeing as though the USA has strict rules about anyone entering who has been arrested or charged with any crime. Wayne said that he was only in the USA 2 months ago and had no problems entering. Do we believe him and if so, if he is getting in, why is he getting special treatment and avoiding the 5 year ban!!??

 

[NM]

Does anyone believe Wayne Carey when he said that he will be allowed back into the USA, it's just because he filled out the form incorrectly? He and his lawyer are saying that it has nothing to do with his arrests. I fail to see how that could be so seeing as though the USA has strict rules about anyone entering who has been arrested or charged with any crime. Wayne said that he was only in the USA 2 months ago and had no problems entering. Do we believe him and if so, if he is getting in, why is he getting special treatment and avoiding the 5 year ban!!??

The Visa Waiver Form also asks if you have ever been denied a Visa or denied entry to the US. he now has been denied, so cannot answer no to that question, in which case he is instructed to contact the US Embassy before departing Australia. Sounds to me like he is going to need to apply for a visa and most likely will need to engage his lawyers to get it through.

 

[serfty]

Actually he was quoted as saying "he filled out the wrong form".

Seems to me, to proper form should have been filled out well before he departed Oz.

 

[stevemilo]

Actually he was quoted as saying "he filled out the wrong form".

Seems to me, to proper form should have been filled out well before he departed Oz.

I thought there was only one form that you have to fill out electronically. I personally think his just trying to make himself sound innocent and as though he didn't know what he was doing. Can't stand him!!!!

 

[kelley73]

Hi all,

Yes I agree with stevemilo, I would like to know also how Wayne Carey "Apparently" got into the united states, when he was charged for assaulting a police officer in the US while he was over there on a visit, he was also charged with assaulting a police officer in Australia.

Now with all the sites I have read through US consulate and border protection, his crimes would have made him ineligible to travel to US, his crimes are considered serious.

He should not even be grated a b1-b2 visa which he states he has to apply for. I think he is lying, and if he isn't and he does get in, well then I think everyone should complain in writing about it, why should he be allowed and others not, consider minor drug use such as marijuan_, well if you have that history , you will not be able to travel to US, So assaulting an American police officer is ok ! what is considered worse then ? It will be interesting to see how this case develops !!

Kell

 

[stevemilo]

Hi all,

Yes I agree with stevemilo, I would like to know also how Wayne Carey "Apparently" got into the united states, when he was charged for assaulting a police officer in the US while he was over there on a visit, he was also charged with assaulting a police officer in Australia.

Now with all the sites I have read through US consulate and border protection, his crimes would have made him ineligible to travel to US, his crimes are considered serious.

He should not even be grated a b1-b2 visa which he states he has to apply for. I think he is lying, and if he isn't and he does get in, well then I think everyone should complain in writing about it, why should he be allowed and others not, consider minor drug use such as marijuan_, well if you have that history , you will not be able to travel to US, So assaulting an American police officer is ok ! what is considered worse then ? It will be interesting to see how this case develops !!

Kell

Kelley73 - You took the words right out of my mouth and put them perfectly on this website. I agree with you whole heartedly. I too would love to complain in writing if he does get in but let's be honest, no1 would listen or take notice. The rules of embassies and most organisations are that "We do not discuss individual cases". Whilst I respect that rule, I still think that we have a right to complain about it seeing as though what Wayne has done not only in the US of A but also here in Oz is far worse than what others have done who have to stick it out and wait the 5 or how ever many years they are banned etc. I'm glad you feel 100% the way I do though! Thanks for writing.

 

[buddy23]

Hey all! Thought I'd weigh in on this topic seeings as how I've had very recent and still continuing experience that may be of interest.
My particular story is as follows. My partner and I have made plans to visit the US in March next year for about three weeks for our annual OS trip. As with anyone we both applied for the VWP and she was lucky enough to be issued through. I unfortunately was asked to attend the Melbourne consulate as a result of a minor shoplifting(stealing under crimes of moral turpitude)offence that took place when I was 17(tried as adult) which occured nearly 18 years ago. As has happened to others here I was denied upon the day of the interview but had an ineligibility waiver application lodged to the DHS in the States. Upon leaving the consulate I was really left with no clearer clue as to what would happen in the 4-8 weeks time stated on the 1 form I was given for my troubles.
After collecting my thoughts on the whole episode I re-read the form and the only guide I could get was when it stated'In general, DHS views recent and/or multiple convictions unfavourably.' Going by this I would confidently consider myself home free as the offence was a once off and was by no means recent but honestly who knows??
Its lucky for us that I've always wanted to go to the US at least once in my life as to be frank to have to go though all this hassle for a simple holiday would not really of been worth it.
I'd love to hear more thoughts and experiences and will keep you posted as to the end result...... A postive one I hope??

 

[serfty]

G'day buddy23, welcome to AFF

It is likely you will be ok given 1991 as being the time of your problem.

The horse for you has bolted unfortunately, but if you do a search on this forum for the words "passed conviction" or "spent conviction" you would have realised it is illegal for any Oz government institution to inform any entity (including US authorities) of your problems of 18 years ago in your specific circumstance.

 

[Dave Noble]

G'day buddy23, welcome to AFF

It is likely you will be ok given 1991 as being the time of your problem.

The horse for you has bolted unfortunately, but if you do a search on this forum for the words "passed conviction" or "spent conviction" you would have realised it is illegal for any Oz government institution to inform any entity (including US authorities) of your problems of 18 years ago in your specific circumstance.

Regardless, the terms for admission to the USA are determined by the US Government and implying that should ignore this and try it on seems bad advice to me

Dave

 

[moa999]

having read some of the examples on this thread,

methinks todd may need to rethink his hollywood dreams



Todd Lasance, Home and Away star and Logie winner, charged with possessing cocaine | Herald Sun

 

[harvyk]

It will certainly make his hollywood dream a little harder to get, that said he still needs to be found guilty by a court before all his hopes are dashed. That said I'd say he is now in for a bit of a wait...

 

[stevemilo]

It will certainly make his hollywood dream a little harder to get, that said he still needs to be found guilty by a court before all his hopes are dashed. That said I'd say he is now in for a bit of a wait...

I'm sure he will find a way to get in. All the sporting celebs, TV celebs, actually, ANY celeb finds a way to get in. I mean, how did Matthew Newton manage to get into L.A?? Didn't he have a criminal record only a few years ago for assault?? What about Wayne Carey - he would have a criminal record as long as his arm, yet he managed to get in, well, not any more , but I'm sure he'll find a way. All the AFL/NRL sport stars that have petty charges, even though they might not have a criminal record from the charge, they still get charged & they manage to get in. Yet, your average Joe Blow has to wait 5 years and then it still isn't even certain whether or not they will be allowed entry. I will never get the seperate rules for the famous.