Criminal record and obtaining a US visa

[stevemilo]

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??

I'm 99.9% sure you will not have any issues at all. Seeing as though it was so long ago. They mainly look at the severity of the offence/s and the length of time that has passed.

 

[NewTraveller]

I'm 99.9% sure you will not have any issues at all. Seeing as though it was so long ago. They mainly look at the severity of the offence/s and the length of time that has passed.

I was told the same information, and it was wrong. My application was refused with no criminal history, no conviction, but a waiver of ineligibility will be processed on my behalf because it was 10 years ago - all over an electric shaver worth $200.

 

[notzac]

Based on other threads on the same topic - it seems most (if not all?) visa applications involving past indiscretions are refused at first and referred to a waiver of ineligibility. Maybe that's what happened here for you as well?

 

[buddy23]

Hello all once again! Well as you have probably guessed from the smiley faces I have been granted a waiver of ineligibility for entry to the US!!
I recieved my passport just today in the ol' platinum express post envelope with my US visa incuded. As of last Wednesday it had been 1 month since my interview in Melbourne so including the holiday season and the blizzards in the US the DHS saw good on their promise of a 4-8 week wait and now all is well.
Thanks all for posting as I found the topic very helpful indeed.
P.S Have in the meantime looked up visa entry for both Canada and Mexico and both are OK to visit while there so yay!!:mrgreen:

 

[thewinchester]

Congrats, great to see that all is finally well with your US visa. Enjoy your travels.

Hello all once again! Well as you have probably guessed from the smiley faces I have been granted a waiver of ineligibility for entry to the US!!
I recieved my passport just today in the ol' platinum express post envelope with my US visa incuded. As of last Wednesday it had been 1 month since my interview in Melbourne so including the holiday season and the blizzards in the US the DHS saw good on their promise of a 4-8 week wait and now all is well.
Thanks all for posting as I found the topic very helpful indeed.
P.S Have in the meantime looked up visa entry for both Canada and Mexico and both are OK to visit while there so yay!!:mrgreen:

 

[NewTraveller]

Hi all

Today I received my US Non-Immigrant Visa from the US Consulate in Sydney, unfortunately its only valid for 12 months despite me opting for 5 years for an extra $30, but was unable to pay this at the cashier as my "Waiver of Ineligibility" had to be approved. My US Visa now expires January 12, 2011. Now I have a US Visa which is only good for 12 months, and my US trip has been postponed till August 2011, and now taking a cruise in August this year to the Pacific Islands for 7 nights. Between my US Non-Immigrant Visa Application and the Visa being issue, my travel plans have changed. I knew I should have added an extra year on the application to the arrival date in the US just in case.

I also have these questions when mine is due for renewal:-
1. Do I have to visit Sydney again and go through the whole process again for the renewal?

2. Since they now have a record of my US Non-Immigrant Visa being approved and issued by DHS via the waiver, do I have to mention my moral turpitude "issue" from years ago all over again?

3. Is a "Waiver of Ineligibility" required for each renewal / interview I attend, despite no new issues and a "Waiver of Ineligibility" already having been granted on my current US Visa?

4. Will the Interview Officer at the US Consulate still refuse to issue a US Non-Immigrant Visa within a couple of days, in order to get yet another "Waiver of Ineligibility" every time I renew?

5. Am I still ineligible to use the Visa Waiver Programme, despite chosing "yes" or "no" to the moral turpitude answer?

 

[Mal]

Well Corey Worthington has now been issued a visa to work in the U.S (as an supporting actor in a Hollywood movie production )

Corey Worthington has landed himself a gig in Hollywood

It is understood this will be Worthington's first trip overseas. The labourer had "no problems" getting a passport and visa, despite his previous run-ins with police.

 

[Mal]

I also have these questions when mine is due for renewal:-
1. Do I have to visit Sydney again and go through the whole process again for the renewal?

2. Since they now have a record of my US Non-Immigrant Visa being approved and issued by DHS via the waiver, do I have to mention my moral turpitude "issue" from years ago all over again?

3. Is a "Waiver of Ineligibility" required for each renewal / interview I attend, despite no new issues and a "Waiver of Ineligibility" already having been granted on my current US Visa?

4. Will the Interview Officer at the US Consulate still refuse to issue a US Non-Immigrant Visa within a couple of days, in order to get yet another "Waiver of Ineligibility" every time I renew?

5. Am I still ineligible to use the Visa Waiver Programme, despite chosing "yes" or "no" to the moral turpitude answer?

I'll try and answer them, but not sure if these are 100% correct answers:

1. Yes.
2. Yes.
3. Don't know. If your convictions don't change, then they may be able to grant the visa on the spot based on the previous waiver.
4. Same answer as 3.
5. You are not eligible for VWP and have basically told the U.S Govt that you know you aren't eligible. Trying to use it would be foolhardy in my opinion...

 

[Dave Noble]

Well Corey Worthington has now been issued a visa to work in the U.S (as an supporting actor in a Hollywood movie production

Doesn't seem surprising; there's no reason why he would be declined a passport and holding a party doesn't sound like an event of moral turpitude

Dave

 

[St0rbz]

Hi all

Just thought I'd put my 2c in on this. After sifting through numerous threads both here and elsewhere, and reading all sorts of contradictory information and horror stories that frankly scared the heck out of me, I thought it might be helpful for those who have similar issues as I did.

I am getting married in April, and my fiancée and I wanted to travel to the US for the honeymoon. Problem is, I had one conviction in SA for Drink Driving (and another for Undue Care and Attention which you get at the same time) that I received in 1994, and another Non-Recorded Conviction for Larceny in 2002 when I stole a couple of chocolate bars. I also had two other court appearances with 2-day licence suspensions for driving an unregistered vehicle. Suffice it to say, I could not apply for a Visa Waiver due to the moral torpitude aspect of the larceny charge - and I was even unsure as to whether a drink-drive conviction was also considered a moral torpitude offence.

I have read many, many posts stating that I could probably get away with entering under the Visa Waiver, but to me the mere prospect of losing money in prepaid expenses (we were planning to fly business class, so not an insignificant amount of $) together with the devastation of possibly being denied entry to on my honeymoon was just too great a risk. Also, I couldn’t imagine being able to relax and enjoy the flight over if I’m stressing about whether I’ll be caught and sent back. So, despite the costs of flights to Melbourne from Adelaide, the National Police Certificate, Visa Application Fee and the appointment PIN - around $650 all up - I applied to be interviewed for the B1/B2 Visa at the US Consulate in 3 weeks’ time, as the NPC would take at least 10 working days to arrive.

Firstly, to anyone who has an interview – please don’t worry too much about getting there exactly on time or even 30 mins early as suggested. If you can, all well and good, but my appointment was at 10.45 AM, and I was still stuck in Melbourne traffic halfway from the airport at 10.15! I eventually raced in to the Consulate at about 10.40, incredibly stressed that I had spent hundreds of $ in flights and have missed the interview, only be told by the security guards that I had till about 11.30 to get there anyway.

After waiting about 10 mins for my interview, I was asked questions about my reasons for travel and my work history (all of which I had documented), and was asked if I plead guilty to the larceny charge to get a non-recorded conviction - to which I replied yes. There was no mention of the drink driving charge or driving unregistered at all. At this point, I was told flat out that my Visa was denied under US law; despite the larceny conviction being non-recorded, I was still guilty and would be treated as such. However, she went on to say that as it was some time ago, the offence was relatively minor (a whole $6.40 from memory!) and there was only one of them, she would recommend that the Visa be approved. She took my passport and Platinum Post Bag, photocopied the letter from my employer, the NPC and the Court Outcomes Record, fingerprinted me, and said I should hear back from Homeland Security in 4 – 8 weeks. This process took about 10 minutes.

To my unbelievable relief, after about 30 days I received my passport with the US Visa stuck inside

To summarise: if you have a criminal conviction, be it non-recorded or otherwise, my advice is to go to the Consulate and take your chances. Yes, the process is long and expensive – allow 2 months and several hundred dollars if you’re not in a state with a consulate – but ultimately you have to respect US law and do the right thing; by yourself, and by the country you should feel privileged you’re allowed to visit. It’s just not worth the risk doing anything else.

I would take all your documents with you (NPC, Court Outcomes, employment history, bank records and proposed itinerary), and dress appropriately for an interview ie in a suit. Relax and be calm when being questioned by the interviewer, and don’t be scared to be completely honest as these guys are well-trained to spot liars and potential threats. Do all this, and you will most likely find the Visa will be granted. Despite 2 months of fear and apprehension, mine was and I’m glad I went through the process.

Having said that, each case is assessed individually and my circumstances and outcome should only be used as a guide. I wouldn’t be too sure you’d get entry if your crimes are less than 5 years ago, or if you had multiple convictions, so plan accordingly.

Sorry about the long post, but if my story can help just one person I’ll be glad.

Jason

 

[carlton20]

Hi all,

i am a 22 year old female andhave a criminal record that stemmed from an incident that hapened over a year ago.It was an accident and resulted in two assualt charges, one was common assualt and another was assualt occasioning actual bodily harm. I was put on a 24 month good behaviour bond but by the time i leave it will be over.
One of the first questions i have is wether this is a crime of Moral Turpetine? i did the visa waiver online and answered no to this so it was approved?
i havent been involved in any other incidents.
I have been trying to call the embassy in sydney but its hard to speak to an acutal person without paying for it on your credit car.
Do i need to apply for a Visa? if so how do i do this?
Im leaving on the 31st of July and will only be in LA for 4 nights then we go to mexico and europe for the rest of the time.
Should i just answer no to having a criminal record or should i apply for a visa?
Is there more of a chance it will be denied because there are two charges even though its from the same incident? and was mainly self defence and an accident.
Would really appreciate any answers because i want to make sure i have enough time to get everything organised.
Thank you!

 

[Dave Noble]

Whether it involves moral turpitude depends on the exact circumstances of the assault and the intent. If in doubt , apply for a visa, far better than risking getting to the USA and being refused admission

Dave

 

[carlton20]

so when i apply for a visa i read somewhere that you need to bring a letter from your workplace..is this true?
also what is the actual website address you have to go to to apply for a visa interview. There is one that is asking for a credit card number for me to just make an appointment for an interview?
Thanks so much

 

[Maca44]

Try this one, but I don't think you should pay for anything online.
Applying for a Non-Immigrant Visa


Correction: it would appear from the above site you do pay a non-refundable application fee

 

[carlton20]

I just read that even after the interview if i am denied the visa i can get a waiver of an ineligibility however "Generally, the consular officer will neither recommend, nor will USCIS approve, a waiver of an ineligibility within 5 years of the completion of any sentence, nor for applicants convicted of serious felonies such as murder or kidnapping."
does setence mean actual jail time or the completion of when you where charged?

Has any one had two assualt charges and actually been approved a Visa?

Sorry for all the questions!

 

[carlton20]

Also my travel agent today told me that a few of his friends who do have criminal records just said no to the online visa waiver and all of them didnt have any problems getting into the country.
Can custom officers tell just from scanning your passport if you have a criminal record or is it only if they think you look suspicious and look into it?

 

[serfty]

For a start ... if all you received was a bond, you do not have a "Criminal Record".

However, for the purposes of entry to the USA, your issues occurred far too recently to put them aside and you will need to put your situation in the control / mercy of the US government authorities.

If your bond period is over, then in some states, information concerning your bond etc cannot legally be dispensed to USA authorities, ;in other states it may require 10 years.

Irrespective to that, in all states, after 10 years, if you have kept your "nose clean" you should be fine.

 

[etoc11]

Hi Everyone,

After reading lots of posts here I can't really work out what the outcome of an application might be. From everyone that has been worried I haven't really seen anyone denied a visa (or just maybe mass murders aren't members and don't post on this). Obviously the decision is based on how long ago and severity etc and determined by Homeland Security.

Here's our situation. I am travelling with a friend to US and Canada, planned for Sept 2010 for a period of 6 weeks holiday. So at least 6 months up our sleeve. I'm clean. He has 2 previous offences on his record, one for drugs in 1999 and a DUI from about 5 years ago.

Basically he will not be able to do the online ESTA/VWP and will need to apply for a visa at the consulate here in Melbourne.

No doubt this has put everything on hold till we find out. It looks like it could be 8+ weeks of mucking around before knowing the outcome.

Rather than ask "do you think he'll get it" (you can give your 10 cents worth if you want) I will keep this updated on all the steps and hoops we have gone through in this process so that others may benefit.

Maybe after the decision is made others may be able to judge their chances with DHS and rest a little easier or worry a lot more.

Stay posted

 

[serfty]

The on line ESTA does indeed perform checks.

If it's really "1999" (i.e. Over 10 years) and your friend has "kept their nose clean" since then in a legal sense they do not have a criminal record. This should be true if a visa waiver application is performed from within Australia and an applicant may quite legally answer no to relevant questions in the ESTA application.

- it is likely to be approved if all the above is true.

 

[markis10]

For a start ... if all you received was a bond, you do not have a "Criminal Record".

I thought a bond was the sentance rather than a finding of guilt that would be recorded?