Criminal record and obtaining a US visa

[basso]

But I wasn't going to declare that I had no food on me, because one might consider Twizzlers or Candy Corn or Reese's bloody Peanut Butter Cups to be food, and I didn't want to be in the position of feeling uncomfortable because I'd technically lied. But they have since tightened the wording and I may walk straight through with a clear conscience.

The wording changed because the requirement was relaxed, not because the old wording was wrong. Get the wrong person on the wrong day and the Candy Corn would have caused problems had you not declared it.

 

[Julesmac]

This is a bit off topic (and I have a vague notion it may have been discussed at the time) but when Matthew Newton was in the US for treatment at a drug rehab centre, and had his couple of unfortunate episodes, how come he didn't get run out of there on a rail? As the US authorities are so red hot on all these issues discussed above for visitors into the country, I'd have expected they'd be red hot on visitors messing up once on US soil.

 

[whatmeworry]

It gets complicated once a person is in the country. From what I have deciphered unless you commit a crime that is defined of moral turpitude (and other crimes) they can't deport you. Even some crimes that would make entry difficult (e.g possession of under 30 grams marijuan_) wont get you deported. Plus I don't think he admitted guilt in his many episodes (He played the mental health card), meaning I don't think he had convictions (I could be wrong) and thus no admissions of guilt.

 

[jorza]

UPDATE ON CASE:
So for those of you who have bared the last 7 months with me and my waiver, at the 5 month mark for waiting, i got told i had to do a medical.
Went to do a medical in Vic, only one guy does it which i think is ridiculous and i had to pay $462 which was not available to be used in conjunction with my private health insurance nor my medicare.
The GP asked me a few questions, then asked me to explain my case, which i thought was strange seeing as it was a medical examination. Then asked that before he sent off my papers to the US Consulate, i would need to send him my university enrollment and need to speak to the psychologist who deemed me rehabilitated.
Fair enough with speaking to my psych. But why the heck does he need my university enrollment? What could that possibily have to do with me being able or not able to enter the US. Im quite annoyed hes asked me for this, especially since i took the semester off to move back home which is 200km from my uni, which means i need to trek to my university to request a form.

 

[jorza]

UPDATE ON CASE:
A few days ago, i received an email from the US Consulate advising me my waiver was approved.
The material facts of my case being, a crime of theft 2-3 years ago as an 18 year old relating to mental disorder at the time i have now been cleared of.
Went through the worry of the VWP and wondering whether my guilty and non conviction should be disclosed. Went about it the right way and had a my waiver approved.
Anyone else who had my dilemma should go through the consulate and apply for this the right way. It is well worth the satisfaction of seeing that email stating its approval and you don't have to worry about anything else like security or the gamble of trying to get in.
Very happy with this outcome. if anyone needs help with their situation, inbox me and ill be glad to help you out! Las Vegas here i come!!!

 

[~Bella~]

Hi all

Having just spent the best part of half a day reading this whole thread, I’m not any close to reading an experience similar to mine – most are one or two charges, and many, many years ago.

My most recent charge (conviction recorded) was 8 years ago, and there were several of them (fraud). I’ve just turned 30 this year, have kept my nose clean for the past 8 years, got married (etc etc etc). I hold a large amount of remorse for what I did (given I’m now a mature adult, with finances of my own that I protect so fiercely), but that’s not here nor there since the embassy only looks at facts and not emotion. I have not ever been charged with anything relating to drugs, assault, or DUI.

I am curious though, given the time frame and the fact there were multiple charges - more than 5, is that likely to look more unfavourable i.e. less chance of being recommended the visa? There really is no black & white answer to this, is there.. I have resigned myself to the fact the visa will be denied on the spot, however I am curious as to whether the consulate officer who interviews me has the only basis for recommending me - if he/she doesn’t (due to there being multiple offences), can I myself (with supporting documentation)?

Further, I’ve not seen anything mentioned here about the dating of the visa? Is it stamped from the interview date, or is it stamped from the visa issue date i.e. the date the visa is approved in Washington?

Should I be obtaining a police certificate for personal or for visa reasons? I’ve seen a few mentions here of people getting two; one of each. Why?

I am looking at travelling November 2014 so plenty of time.

 

[~Bella~]

UPDATE ON CASE:
A few days ago, i received an email from the US Consulate advising me my waiver was approved.
The material facts of my case being, a crime of theft 2-3 years ago as an 18 year old relating to mental disorder at the time i have now been cleared of.
Went through the worry of the VWP and wondering whether my guilty and non conviction should be disclosed. Went about it the right way and had a my waiver approved.
Anyone else who had my dilemma should go through the consulate and apply for this the right way. It is well worth the satisfaction of seeing that email stating its approval and you don't have to worry about anything else like security or the gamble of trying to get in.
Very happy with this outcome. if anyone needs help with their situation, inbox me and ill be glad to help you out! Las Vegas here i come!!!

Good news! I read your posts from the start and am pleased for you.

 

[Flashback]

While I can't answer any of your queries ~Bella~, I will say welcome to AFF!

 

[jorza]

Hi all

Having just spent the best part of half a day reading this whole thread, I’m not any close to reading an experience similar to mine – most are one or two charges, and many, many years ago.

My most recent charge (conviction recorded) was 8 years ago, and there were several of them (fraud). I’ve just turned 30 this year, have kept my nose clean for the past 8 years, got married (etc etc etc). I hold a large amount of remorse for what I did (given I’m now a mature adult, with finances of my own that I protect so fiercely), but that’s not here nor there since the embassy only looks at facts and not emotion. I have not ever been charged with anything relating to drugs, assault, or DUI.

I am curious though, given the time frame and the fact there were multiple charges - more than 5, is that likely to look more unfavourable i.e. less chance of being recommended the visa? There really is no black & white answer to this, is there.. I have resigned myself to the fact the visa will be denied on the spot, however I am curious as to whether the consulate officer who interviews me has the only basis for recommending me - if he/she doesn’t (due to there being multiple offences), can I myself (with supporting documentation)?

Further, I’ve not seen anything mentioned here about the dating of the visa? Is it stamped from the interview date, or is it stamped from the visa issue date i.e. the date the visa is approved in Washington?

Should I be obtaining a police certificate for personal or for visa reasons? I’ve seen a few mentions here of people getting two; one of each. Why?

I am looking at travelling November 2014 so plenty of time.

Inbox me with details of your situation and ill help you out the best i can.

 

[HarryB]

Hi all

Having just spent the best part of half a day reading this whole thread, I’m not any close to reading an experience similar to mine – most are one or two charges, and many, many years ago.

My most recent charge (conviction recorded) was 8 years ago, and there were several of them (fraud). I’ve just turned 30 this year, have kept my nose clean for the past 8 years, got married (etc etc etc). I hold a large amount of remorse for what I did (given I’m now a mature adult, with finances of my own that I protect so fiercely), but that’s not here nor there since the embassy only looks at facts and not emotion. I have not ever been charged with anything relating to drugs, assault, or DUI.

I am curious though, given the time frame and the fact there were multiple charges - more than 5, is that likely to look more unfavourable i.e. less chance of being recommended the visa? There really is no black & white answer to this, is there.. I have resigned myself to the fact the visa will be denied on the spot, however I am curious as to whether the consulate officer who interviews me has the only basis for recommending me - if he/she doesn’t (due to there being multiple offences), can I myself (with supporting documentation)?

Further, I’ve not seen anything mentioned here about the dating of the visa? Is it stamped from the interview date, or is it stamped from the visa issue date i.e. the date the visa is approved in Washington?

Should I be obtaining a police certificate for personal or for visa reasons? I’ve seen a few mentions here of people getting two; one of each. Why?

I am looking at travelling November 2014 so plenty of time.

All the advice in the world, sound as it may be, won't mean anything unless you go through the interview process. The interviewing officer has some discretion when assessing any case so, much like what you would have worried about certain magistrates during your court appearances, you are putting yourself in their hands.

I suspect you already know this and have resigned yourself to the fact that you really don't know the answer until you do it so take the advice offered, particularly from jorza and others who have recently gone through the process and have a red hot crack at it. I'm sure I'm not the only one who would love to hear how you go so please share your experience here.

 

[~Bella~]

All the advice in the world, sound as it may be, won't mean anything unless you go through the interview process. The interviewing officer has some discretion when assessing any case so, much like what you would have worried about certain magistrates during your court appearances, you are putting yourself in their hands.

I suspect you already know this and have resigned yourself to the fact that you really don't know the answer until you do it so take the advice offered, particularly from jorza and others who have recently gone through the process and have a red hot crack at it. I'm sure I'm not the only one who would love to hear how you go so please share your experience here.

You're right. As I had well suspected (knew). Just awaiting my police certificate now and I'll give it a go. Not planning anything until next October/November so plenty of time.

 

[~Bella~]

Looks like I killed a thread :/

 

[Hvr]

Looks like I killed a thread :/

Fortunately killing a thread doesn't get you another conviction. :mrgreen:

 

[~Bella~]

hahahaha, thanks for the laugh!

 

[~Bella~]

I have obtained my police certificate, now to proceed to the DS-160 form. I am in the process of completing it, and am stuck. It turns out I did in fact apply via ETSA for a visa some months ago, well before I was aware I had to go through all of the rigmarole. Obviously, it got denied due to criminal history. I was unsure whether this was through the ETSA.. There are two questions, I am unsure which my situation applies to. Was it a visa I was actually denied (question 1), or had I not progressed to that stage yet and simply been denied via the ETSA (question 2), or both?? :/ QUESTION 1: Have you ever been refused a U.S. Visa, or been refused admission to the United States, or withdrawn your application for admission at the port of entry? OR QUESTION 2: Have you ever been denied travel authorization by the Department of Homeland Security through the Electronic System for Travel Authorization (ESTA)? Error

 

[flymetothemoon]

I have obtained my police certificate, now to proceed to the DS-160 form. I am in the process of completing it, and am stuck. It turns out I did in fact apply via ETSA for a visa some months ago, well before I was aware I had to go through all of the rigmarole. Obviously, it got denied due to criminal history. I was unsure whether this was through the ETSA.. There are two questions, I am unsure which my situation applies to. Was it a visa I was actually denied (question 1), or had I not progressed to that stage yet and simply been denied via the ETSA (question 2), or both?? :/ QUESTION 1: Have you ever been refused a U.S. Visa, or been refused admission to the United States, or withdrawn your application for admission at the port of entry? OR QUESTION 2: Have you ever been denied travel authorization by the Department of Homeland Security through the Electronic System for Travel Authorization (ESTA)? Error

1. You tick NO
2. You tick YES

(For your circumstance). Mind was the other way around LOL.

I know this because I was wondering the same thing when I was filling in mine and asked an immigration lawyer.

 

[~Bella~]

1. You tick NO 2. You tick YES (For your circumstance). Mind was the other way around LOL. I know this because I was wondering the same thing when I was filling in mine and asked an immigration lawyer.

Thanks, I appreciate it. I've got to the photo stage - is the 'norm' thing to do to get passport photos for this and scan one in, or have people had luck uploading any photo?

 

[flymetothemoon]

Thanks, I appreciate it. I've got to the photo stage - is the 'norm' thing to do to get passport photos for this and scan one in, or have people had luck uploading any photo?

Best to try to upload one first. It automatically will correctly size it for you before you upload it. If that doesn't work then just get a passport photo. Either will do.

 

[dogcat]

This is my first post, but I've been stalking this thread for a while now. Apologises in advance for my long post.

So a little bit about me, I'm in my early 30s and have a criminal conviction for shoplifting in when I was 18. This was for two charges of shoplifting and the items were less then $100. My convictions are now spent. I've been wanting to go to the states for a number of years and planned to go last year in June. I went back and forth thinking should I apply for a visa or just lie about my conviction, but I just couldn't do it knowing the consequences if I got caught. By the time I decided to apply for a visa it was too late.


I now plan to go to the states next year in July. I started my visa application process at the end of November and applied for all the documents the US Consulate require. My certified court outcome document, which arrived in the post a couple of days after my request and a National Police certificate. I didn't apply through the AFP, but the one through the WA Police. I already had a spent conviction certificate.


A couple of days later I applied for the visa online and booked an appointment for mid December. This was to ensure that my Police certificate arrived in time. To my surprise the certificate only took a few days to arrive and I changed my appointment date. They rejected the photo I submitted the afternoon prior to my appointment, but I managed to print another one to take with me to the interview. I had my interview last Thursday, I was there for approximately 30 minutes and it was approved on the spot. My passport arrived today in the post with a 12 month visa.


The interview process was very quick, I firstly went through security and then got escorted to the visa room. I firstly gave my documents and passport to the first guy and got my fingerprint scanned and he told me to take a sit. The documents were passed on to the visa guy and a couple of minutes later this guy called me up.


They only care about the documents regarding your conviction nothing else. He asked me a few questions, why I'm going to the states, where am I only, who am I going with, how long I'm going for, where do I work, how long I worked there for and do I have any other convictions other then what's on the documents. At the end he simply said your visa is approved and you will receive your passport back in the post


I'm still in shock that I got my visa approved straight away.

 

[NM]

I'm still in shock that I got my visa approved straight away.

Glad it was a reasonably simple process for you. Being honest with the application means you can travel without concern as you have the appropriate paperwork (Visa). This is the way the process should work. Unfortunately for some people, the outcome is not always as satisfactory as your. Enjoy your trip