Criminal record and obtaining a US visa

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Any news? Is your husbands passport back? Question for kazzster.
He was requested via email (on 28/1/13) to complete a medical and scan and email results. The medical was attended on 4/2/13, (at a cost of $497.00!!) collected the report on 7/2/13 and emailed it off only to receive a reply stating they need the originals which can only be dropped off Mon-Thurs between 8.30am and 11.30am. On Monday 11/2/13 he then dropped off the originals and cheekily asked if he should wait for his passport...... He was advised everything would be posted back to him. We then emailed on 15/2/13 asking if he now returns to the bottom of the 5-6 month queue and were advised "I dont believe he does". We have heard nothing since. We are due to fly on 31/3 and are becoming quite nervous. We have completed everything as asked and now spent nearly $700.00 extra only to still be waiting. Quite honestly this is crazy. All this for a 28 year old $50.00 fine. I know its their country their rules but surely there are more pressing matters the Dept of Homeland Security should be concerned about than this, to this extent. We will give it to Friday 1/3/13 and then make alternative arrangements.
 
Hi there, I want to ask if Someone has caught a Very mirror traffic offense (Such as Parking, Driving in Bus/Tram/Truck lane, etc), No arrest and conviction involved. And he paid on-the-fine already. No Criminal Record too.. Is he still alright for VWP Travel? Thanks so much about the advice!
 
minor traffic offences (ex dui) generally dont fall into the murky moral turpitude definition.

Kazzster...
Sorry to hear you're struggle continues. A complete JOKE that they can't ask for originals if they mean that and instead state a scan.
 
He was requested via email (on 28/1/13) to complete a medical and scan and email results. The medical was attended on 4/2/13, (at a cost of $497.00!!) collected the report on 7/2/13 and emailed it off only to receive a reply stating they need the originals which can only be dropped off Mon-Thurs between 8.30am and 11.30am. On Monday 11/2/13 he then dropped off the originals and cheekily asked if he should wait for his passport...... He was advised everything would be posted back to him. We then emailed on 15/2/13 asking if he now returns to the bottom of the 5-6 month queue and were advised "I dont believe he does". We have heard nothing since. We are due to fly on 31/3 and are becoming quite nervous. We have completed everything as asked and now spent nearly $700.00 extra only to still be waiting. Quite honestly this is crazy. All this for a 28 year old $50.00 fine. I know its their country their rules but surely there are more pressing matters the Dept of Homeland Security should be concerned about than this, to this extent. We will give it to Friday 1/3/13 and then make alternative arrangements.
Does anyone but me begin to think - have we fallen down the rabbit hole; are we in an episode of Monty Python; are we in 1984; was this stuff dreamt up by the Comedy Company in their "coughs Incorporated" episode......Who REALLY wants to visit the US???:lol:
 
Does anyone but me begin to think - have we fallen down the rabbit hole; are we in an episode of Monty Python; are we in 1984; was this stuff dreamt up by the Comedy Company in their "coughs Incorporated" episode......Who REALLY wants to visit the US???:lol:

Fortunately, most visitors to the USA do not have these things to overcome, of course. Just complete the ESTA website questions and that's it.
 
Agreed, DC3 - but it seems from many of the posts on this forum, that the less you 'fess up to, the easier things go. The many posts which mention what we would think of as pretty minor incidents seem to crash headfirst into the Yanks' vexed "Moral Turpitude" question.
 
Agreed, DC3 - but it seems from many of the posts on this forum, that the less you 'fess up to, the easier things go. The many posts which mention what we would think of as pretty minor incidents seem to crash headfirst into the Yanks' vexed "Moral Turpitude" question.

And thats exactly the issue for us Julesmac. The right thing isnt necassarily the easiest thing when you run into ridiculous bureaucracy. We are trusted as an "allied force" on one side of the coin but yet our government isnt trusted enough when they considered a $50.00 fine due punishment 28 years ago. Crazy. And by the way, still no news.
 
Hi Guys, i posted on this a few weeks back and have my own personal thread about this topic also.
Thought i would update.
So im now 20, and committed a crime of theft for which i was found guilty, no conviction recorded and complied with a good behaviour bond.
I looked initially at the esta and knew i had to apply for a visa.
I have committed a crime of moral turpitude and was found ineligble however, i was able to prove that what i did was so out of character and that i am disgusted in my previous actions that i was granted a waiver which is now being sent off to Washington D.C for processing.
I know this does not mean a definite yes, but the facts of my case are very similar to the matter of Hranka, which is what all waivers are based upon and i find it unlikely it should be declined.

There are a lot of monkeys on this site who definitely don't know what they are talking about when it comes to US Visas and a criminal record. I had about 5-10 people tell me that i would not be granted a waiver nor a visa. and look how far i've come. So for anyone looking for a visa to the us. do not listen to anything anyone says on here, i know they are trying to help you out but the best thing to do is go to the embassy/consulate and be compeltely honest about what you've done and reasons to travel. Generally there is a rule of thumb of about 5 years before they'd typically offer a waiver, so if you do not have extenuating circumstances like i did, i would advise against applying within 5 years of your offence. Also, show that you have had a substantial character change. one of the main things in the matter of Hranka was that she showed she was no longer a threat to break the law in the USA which is what they are trying to do.
The Consulate officers interviewing ARE people too, they understand that a crime in desperation or time of needs does not define a man or woman of who they are.
DO NOT USE THE ESTA IF YOU INELIGIBLE.
Dont try to play the fool either, dont try and state that technically you werent arrested or convicted (if recorded without conviction) because you WILL get caught.
You need to do things properly or face the otherwise serious consequences.

if you have any questions to do with eligibility or what not, just inbox and ill tell you the procedure or method to prepare for a US Visa Interview. Nothing i say is legal advice, however it may be helpful to those who are in a position that i was.
I did the homework and did the interview, which is more than 99.999999% of people in this forum have done.
 
I did the homework and did the interview, which is more than 99.999999% of people in this forum have done.

99.999999% of people hey. You have no idea what people have or havent done other than what they have shared on this forum. A very rude, arrogant and condascending attitude. By all means offer your advice but there is absolutely no need to be rude in the process.
 
99.999999% of people hey. You have no idea what people have or havent done other than what they have shared on this forum. A very rude, arrogant and condascending attitude. By all means offer your advice but there is absolutely no need to be rude in the process.

I only say this because when I was looking for answers I had a barrage of people giving me incorrect or otherwise illegal (use the esta with criminal record) information.
If someone wants a straightforward, correct and honest answer. They can inbox me. Thanks.
 
I have committed a crime of moral turpitude and was found ineligble however, i was able to prove that what i did was so out of character and that i am disgusted in my previous actions that i was granted a waiver which is now being sent off to Washington D.C for processing.
Actually, you have not been granted a waiver ... yet. You were invited to apply for a "waiver of visa ineligibility". That application for a "waiver of visa ineligibility" is what has sent to the USA for consideration. If the application for waiver of visa ineligibility is eventually approved by DHS in the USA, you will then be issued a visa. If the application for waiver of visa ineligibility is rejected by DHS in the USA, then you will not be issued a visa and may be subject to a 5 year exclusion from subsequent visa consideration. Just because the consular officer decided you are able to apply for a waiver of visa ineligibility does not mean its been granted (i.e. approved). The consular officer does not have the authority to grant the waiver of visa ineligibility - they can only assess whether an application for visa ineligibility should be sent to the USA for consideration (i.e. there is a chance that it may be granted by DHS in USA). It is the consideration of whether or not to grant the waiver of visa ineligibility that is reported to be currently taking around 6 months to be processed.

I think part of the problem with misunderstanding and misinformation in this thread is due to incorrect use of the terminology involved in the process. There is considerable misuse of terms like "waiver" that are misleading and confusing and often just plain incorrect use of the word.

Then again, what would I know as I am not in the right 0.000001% of the AFF population :rolleyes:
 
i think you have taken what I said out of context. In terms of the waiver, the very next sentence after what you have cut off about the waiver being sent of for processing is "I know this does not mean a definite yes"
meaning, I know it is subject to approval by the ARO.

My case has such extenuating circumstances. More so than the average case.

Looking at the precedent (matter of hranka) my case, other than crime committed almost represents identical case facts.
Both the vice consul and I discussed this and agreed it would be very very surprising if it were denied. I will always have the knowing it CAN be rejected. However, given the barrage of character references, 3 letters of rehabilitation and 9 articles written by the age, herald sun..etc. as my case information - I may have better chances than the average joe.

Also the use of the word waiver is not incorrect as the I-601 is listed by the USBCP as the "waiver of inadmissability"

What you have done, is taken what I have said out of context and what I've written and tried to assess a section as a whole.

What I have tried to do is put into context the term "waiver" that has been used incorrectly so many times in this entire thread. I cannot make any judgement on the likelihood of approval and I make no comment about that nor any precedent that may have been set by other such applications. I merely pointed out that you have not been granted a waiver ... yet. That may well come later. But the commonly reported waiting time for the processing of an application for a waiver of ineligibility for a visa is over 20 weeks.

I applaud you taking the correct path for entry to the USA. I hope your application for a visa is accepted and you can visit the USA. And thank you posting your experience so that others can learn from it. I do want to try to ensure people reading your post do not take the incorrect assumption that you were granted the waiver during your Consular interview, which could be how some would interpret the part of your post I originally quoted and comments about.

Putting you back into the 99.99999999%
Feel free to put me into whatever monkey bucket you like :cool:
 
What I have tried to do is put into context the term "waiver" that has been used incorrectly so many times in this entire thread. I cannot make any judgement on the likelihood of approval and I make no comment about that nor any precedent that may have been set by other such applications. I merely pointed out that you have not been granted a waiver ... yet. That may well come later. But the commonly reported waiting time for the processing of an application for a waiver of ineligibility for a visa is over 20 weeks.

I applaud you taking the correct path for entry to the USA. I hope your application for a visa is accepted and you can visit the USA. And thank you posting your experience so that others can learn from it. I do want to try to ensure people reading your post do not take the incorrect assumption that you were granted the waiver during your Consular interview, which could be how some would interpret the part of your post I originally quoted and comments about.


Feel free to put me into whatever monkey bucket you like :cool:

Im not trying to sound like a bad person or someone with attitude, but in terms of what is said on here. ALOT of it is wrong. I was told consistantly that there was no wat a waiver would even be remotely considered for myself.
People tell people to do illegal methods like go through ESTA and its appauling.
I wouldnt consider yourself a monkey because your information, though taken out of context, is correct.

i really hope my waiver is approved. There are certain requirements that are looked at when they approve a waiver, these are set by the case called "Matter of Hranka" and they look at
1. The severity of your offence
2. Likelihood to reoffend in the USA
3. Whether you have been rehabilitated.

1.My offence was middle range, theft of about $400 when i was 14.
2. very low likelihood to reoffend as im studying law at university and conviction makes me inelgible to practice as a lawyer and also showed the offence was extremely out of character due to PTSD.
3. THen gave character references and pyschologist letters stating rehabilitation.

Only thing i am worried about is it has only been 3 years since the date of the crime.

I'll see how i go. If anyone is looking for information pertaining to USA VISA INTERVIEWS i am more than happy to help.
If i have come off offensice to anyone, i also apologize as this was not my intention.

Some information here is in the ballpark, but after consulting lawyers and hours of research, i feel like i have the correct information for people wanting to travel to USA with a criminal record.
 
Good news for us. I emailed US Consulate on Thursday night and received a reply Friday afternoon. The email informed me that my husbands visa had been approved and is in the final stages of processing. I will receive an email with the tracking number early this week, once the passport is dispatched. Could not believe it. So excited. We have now told the kids we are off to Disneyland. Just have to check for cheap fares around the September school holidays, which are hard to come by. It has been an experience, waiting and waiting. After no holiday in 2 years we are lucky to be having 2 this year. I would be interested in hearing back from anyone re customs process in USA. I have read on this thread that you maybe singled out if you have visa issued? Any feedback re this would be great.


In 2011 I travelled to the US on a Visa. After my partner and 1 year old cleared customs, I still had to do the fingerprints and I think it was a photo they took, I then got escorted by a customs officer to another area (my partner had to wait outside)It was a horrible feeling as you had to walk past all the other people lining up to get through customs and having them look at you. When I go to the area there was a counter with about 4 staff members there and they were having a general chat about the weekend while I just sat in the waiting area for about 15mins (no one else was waiting in there but me). When they called me up they asked me the purpose of my visit and how long I was staying for (not very friendly either) then they returned my passport to me and that was it. At the time I was worried that they werent going to let me in the country and make me go home but it all turned out fine.
 
Has any recently applied for and got their US VISA through the a Waiver of Ineligibility due to arrests and convictions, what was your turnaround time frame?
 
Has any recently applied for and got their US VISA through the a Waiver of Ineligibility due to arrests and convictions, what was your turnaround time frame?

I don't mean to be rude but have you scrolled through this thread? Lots of people have mentioned that it's currently taking about 5-6 months to receive an answer.
 
Just wanted to post a quick follow up to my experience with the waiver of inelligibility visa- I flew into LA a week ago with my family, had to get a different incoming passenger card on the flight (I94white if I remember correctly) then was asked why I needed a visa at the first CBP officer I went up to, and what crime I had been charged with- I was then told I would need further questioning, so was taken aside on my own and my passport handed to another officer. After about 15 mins they called me up to the desk, asked me why I needed a visa, what I did, what my plans were etc. The officer laughed when I told him what my crime was, which was kinda embarassing! He told me I had been pulled aside as it was protocol, which was fair enough. He handed back my passport and said have a nice trip! My family had waited for me instead of going through the bag check, and when I went up with my bag the bag checking officer also asked me why I needed a visa and what I had been charged with. So I ended up telling my story to 3 different people, but was allowed through.

Not much fun after a 14.5 hour flight, but all part of the process for those of us requiring waiver of inelligibilities!

I have seen on the UK forums that their wait times for processing has shortened, so fingers crossed it happens in Aus soon too!
 
Any news? Is your husbands passport back? Question for kazzster.

Good news! We received an email on April 2nd (after being due to fly on March 31st!) stating the visa was approved on March 28th!! We had already booked a holiday to Thailand on 19th on April so we held the passport until our return and submitted it to the embassy on 21st April - we received it back via registered post on 24th April! Super quick turnaround!! All booked for a June holiday.

This was a great lesson to our kids in doing the right thing (admitting the fine rather than lying on US entry) and silly mistakes costing you later in life. But was it worth the 7 month and 3 day wait (5 months pure waiting in line and then 2 months from the submission of the medical) and the additional $700.00 in costs for the visa alone? Only time will tell.

Good luck to all.
 
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Good news! We received an email on April 2nd (after being due to fly on March 31st!) stating the visa was approved on March 28th!! We had already booked a holiday to Thailand on 19th on April so we held the passport until our return and submitted it to the embassy on 21st April - we received it back via registered post on 24th April! Super quick turnaround!! All booked for a June holiday.

This was a great lesson to our kids in doing the right thing (admitting the fine rather than lying on US entry) and silly mistakes costing you later in life. But was it worth the 7 month and 3 day wait (5 months pure waiting in line and then 2 months from the submission of the medical) and the additional $700.00 in costs for the visa alone? Only time will tell.

Good luck to all.

Great news! I'm just curious though, I've never heard of anyone else being asked for a medical report. If it's not too personal, do you know the reason he was asked for one? Also, did he actually have a visible criminal record on his fingerprint check?
 
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