Criminal record and obtaining a US visa

[Punkie2000]

One would have thought with all the economic problems in the US that they would like visitors from a country with a strong currency.

Sadly not. Good luck to all.

I was thinking the same thing.
It's great to read this thread and hear about people who feel the same way.

 

[Kazzster]

You will be right Kazzster but it is just the waiting. I was getting so disheartened that's why I booked another holiday. I was thinking if the USA don't want my money I will go somewhere else. Now the visa is here I cannot believe how excited I am to know we can go. It is strange the change in emotions. Your husband went for his interview 22 days after mine so it wont be too long now...

I know exactly what you mean. Up to this point we have been quite disheartened and very "if they dont want our money then we'll go elsehwere - no big deal". Then last week we received an updated itinery from the Travel Agent and my heart just sank. Soooo bittersweet! I really want to be able to get excited and have the kids get excited but on the other hand it just doubles the disappointment. Your news of an approval has shone a tiny ray of hope on us though. We figure we are three weeks behind you and are counting the days. Having said that, that would be the logical time frame and logic plays no part in any of this process otherwise we wouldnt be waiting so long due to a 28 yr old $50.00 fine!!

 

[jorza]

Hi guys, 2 part question!
I'm from Melbourne, Australia
3 years ago, i was stupid 18 year old.
I committed one single charge of theft, which i admitted too, i was called by a police officer who i arranged a time with and then went down to the station for an interview.
I admitted it and returned the stolen property. I went to court, pleaded guilty. Recieved guilty with no conviction and dismissal at the end of my good behaviour bond (which was successfully completed and dismissed). This is my first and only court proceeding as i've never done anything in my life.

Now im trying to go to the USA for a 24 day holiday.
Is it best to go through the ESTA and as it asks if i have ever been convicted or arrested of Moral Turpitude - Which to my best knowledge i have not.
Or would it be better to book an appointment with the US consulate in Melbourne for a Non-Immigrant Visa? If i do this, i beleive they take crimes of Moral Turpitude very seriously, do any lawyers know whether my crime would get me denied from a US Visa. What would (roughly) my success rate be? Furthermore, if i got denied what is the period of time before you can re-apply?

In US Law, Crimes of moral turpitude can result in denial of a visa application however there is an exemption clause which states as follows "The ground does not apply where the alien has committed only one crime of moral turpitude, the maximum penalty possible for the crime for which the alien was convicted or to which the alien admits having committed or of which acts the alien admits having committed which constitute the essential elements of the crime did not exceed one year of imprisonment and, if the alien was convicted of the crime, the alien was not sentenced to imprisonment for a term greater than six months, regardless of the extent to which the sentence was ultimately satisfied"

The second part to this question is;
I applied for a police check. Now, given the circumstances of case, guilty/no conviction/good behaviour bond/dismissal. Would this show up on my police check (which is being given for travel purposes if i need to go to the consulate). Have i been convicted? Have i been arrested?

Also, any additional information that can be supplied would help!

Thanks heaps!

 

[robd]

Hi guys, 2 part question!
I'm from Melbourne, Australia
3 years ago, i was stupid 18 year old.
I committed one single charge of theft, which i admitted too, i was called by a police officer who i arranged a time with and then went down to the station for an interview.
I admitted it and returned the stolen property. I went to court, pleaded guilty. Recieved guilty with no conviction and dismissal at the end of my good behaviour bond (which was successfully completed and dismissed). This is my first and only court proceeding as i've never done anything in my life.

Now im trying to go to the USA for a 24 day holiday.
Is it best to go through the ESTA and as it asks if i have ever been convicted or arrested of Moral Turpitude - Which to my best knowledge i have not.
Or would it be better to book an appointment with the US consulate in Melbourne for a Non-Immigrant Visa? If i do this, i beleive they take crimes of Moral Turpitude very seriously, do any lawyers know whether my crime would get me denied from a US Visa. What would (roughly) my success rate be? Furthermore, if i got denied what is the period of time before you can re-apply?

In US Law, Crimes of moral turpitude can result in denial of a visa application however there is an exemption clause which states as follows "The ground does not apply where the alien has committed only one crime of moral turpitude, the maximum penalty possible for the crime for which the alien was convicted or to which the alien admits having committed or of which acts the alien admits having committed which constitute the essential elements of the crime did not exceed one year of imprisonment and, if the alien was convicted of the crime, the alien was not sentenced to imprisonment for a term greater than six months, regardless of the extent to which the sentence was ultimately satisfied"

The second part to this question is;
I applied for a police check. Now, given the circumstances of case, guilty/no conviction/good behaviour bond/dismissal. Would this show up on my police check (which is being given for travel purposes if i need to go to the consulate). Have i been convicted? Have i been arrested?

Also, any additional information that can be supplied would help!

Thanks heaps!

Wait and see what appears on your Police Check report and take it from there.

 

[jorza]

Wait and see what appears on your Police Check report and take it from there.

What do you think would occur or show up?

 

[robd]

What do you think would occur or show up?

I'm sorry, but I have no idea. I have read this thread with interest and there are another couple of other similiar threads floating around on this same topic. I understand that you are obviously anxious, but until you receive the Police report, from what I've read, there is not much you can do, because what is or isn't revealed on your report, will dictate what your next step will be.

I hope it goes well for you.

 

[The Rok]

What do you think would occur or show up?

If there is ANYTHING on your police report then you will need to apply for the visa at the embassy and wait at least 6 months, but up to 9 months possibly.

However, if there is NOTHING on your police report, then it's your decision if you want to enter the US on a VWP and tick no to all the questions! That being said, nobody here can advise you if that is what you should do, but it's up to you!

 

[Mwenenzi]

What do you think would occur or show up?

Doubt will not get a different opinion from that on your main thread: http://www.australianfrequentflyer....ation-and-customs/usa-visa-dilemma-47249.html

What we think will occur or show up make no difference.
Poster's on AFF do not issue USA visa's or have access to Vic police file's

 

[Maca44]

Best advice I can give is to not book any flights until you get your Police check back.

 

[Shelf]

I can only speak for SA, but criminal matters recorded 'without conviction' "WOC" used to appear on National Police Clearances.

As someone mentioned, wait for the results before you plan too much more.

 

[mella2007]

Hi everyone!

I'm from Brisbane and am currently waiting for my visa, which I'm hoping will be approved. It has now been 14 weeks. 6.5 years ago i was charged with theft (less than $200) with no conviction recorded and given a 12 month good behaviour bond, which I successfully completed. This is the only 'run in' with the law I have had.

I understand that each case is assessed separately. However, if there is anyone with a similar charge, I would be very interested to know what your outcome was?
Also, I am considering travelling around South America (not via the US) until a decision has been made. If my visa was to be approved, just wondering if anyone knows if it would be possible to obtain the visa at a US consulate overseas?...and then travel up through the US.

Thanks

Hi BK
If you have no conviction and nothing on your record..you shouldn't have applied for a visa..you should have got a copy of your police record first and then if anything on it, applied through the consulate, and if not, did the visa waiver.
You can apply for an ESTA while away, as long as 72 hours before travel.

 

[flymetothemoon]

Hi BK
If you have no conviction and nothing on your record..you shouldn't have applied for a visa..you should have got a copy of your police record first and then if anything on it, applied through the consulate, and if not, did the visa waiver.
You can apply for an ESTA while away, as long as 72 hours before travel.

That might be true but at least BK did the right thing and followed the rules

 

[Maca44]

Hi BK
If you have no conviction and nothing on your record..you shouldn't have applied for a visa..you should have got a copy of your police record first and then if anything on it, applied through the consulate, and if not, did the visa waiver.
You can apply for an ESTA while away, as long as 72 hours before travel.

See that that he has already applied for a visa, I don't think it wise to apply for an ESTA online while away. I think that would raise the flags on entering the USA.

 

[DC3]

... "if they dont want our money then we'll go elsehwere - no big deal"...

Money won't come into it at all. The visa approval process wouldn't be based on that. All that anyone can do is to keep waiting and hope that it's good news.

 

[flymetothemoon]

Thanks for your response.

I did obtain a National Police Certificate check and there was nothing listed. I could have chosen to not disclose my incident and quite possibly had no dramas entering the US, but better to be safe than sorry, right?....although I will admit, this lengthy waiting period is killing me.

For those who are interested, I was told today that if my visa was approved, it had to be stamped at the consulate at which I applied, which is Sydney. Therefore, I'd have to post my passport back to Australia if I was overseas at the time.

First I've ever heard of that! Never post your passport back to Australia if you are overseas! It's imperative you keep it on you at all times.

 

[dfcatch]

First I've ever heard of that! Never post your passport back to Australia if you are overseas! It's imperative you keep it on you at all times.

Then you would have to return to SYD to obtain your visa and then return overseas.

No way around it (but think of the extra FF miles you'll earn)

 

[flymetothemoon]

General Question: When a person applies for a B2 Tourist Visa and prints out the confirmation DS page does it come up as "Tourism/Medical Treatment" next to "purpose of travel" or just "Tourism"?

 

[Kazzster]

Money won't come into it at all. The visa approval process wouldn't be based on that. All that anyone can do is to keep waiting and hope that it's good news.

If you re-read the post you will see you have taken this quote out of context.

 

[Punkie2000]

Any news? Is your husbands passport back? Question for kazzster.

 

[DC3]

If you re-read the post you will see you have taken this quote out of context.

Please accept my apologies if I have misunderstood your post. My comment was made in good faith.