Criminal record and obtaining a US visa

[flymetothemoon]

Hi guys,

I've read through most posts and was after a bit of advice.

In 2003, I was found guilty of theft as a servant (over a $15 DVD). No conviction was recorded and obviously moved on with my life and not been in any trouble since.

In 2009, I went through the Sydney consulate and obtained a B2 Visa via the Waiver of Ineligibility. I received confirmation of my visa within 1 week of my interview.

In 2011, I went through the same process and obtained my B2 Visa via the Waiver of Ineligibility. I received confirmation of my visa within 1 month of my interview.

On 19th December 2013, I attended the Sydney consulate for my B2 Visa interview (as usual). I am intending to travel in mid-April for my honeymoon and, based on my previous experience, assumed 4 months was plenty of time to process my Visa. I've since discovered that the wait period is 4 months or more - obviously making planning my honeymoon and extremely stressful experience for myself and my bride.

So I can get some sort of idea of where I am in the queue, I've attempted to contact the Department of Homeland Securities (DHS) at every available contact point on the internet, but no response from anybody. Given my history of approved Visas, and lack of criminal history, you can understand my, and my bride's, extreme frustration at what should be the most exciting time in our lives.

Does anybody have any contacts, ideas or experiences on how I can get an update on my waiver of ineligibility? And if there's any experience of techniques to try and get the Visa approved within the next 6-8 weeks?

Thanks all, really appreciate any advice.

I can only speak from experience that I applied for a visa this year and it only took me 4 months to receive it. I was expecting it to take 6 months after following this forum but was pleasantly surprised when it came 8 weeks earlier than expected.

 

[raleyoz]

Not that this is any help , but very enlightening!
I now require a visa to enter USA as I am I eligible for VWP due to several overstays pre 911, and I first went through the Melb office and can not remember the time it took to process
However I needed to renew this visa whilst working in china and the process there appears to be far more efficient than we Aussies seem to endure.
I used the Hong Kong consulate and You can schedule and appointment for your interview 2-3 days in advance and they deliver your passport to a regional office in 24 hours, this is a standard process for new or renewed visa's.
Just seems odd what we have to go through

 

[Want to TRAV US]

Hi guys,

I've read through most posts and was after a bit of advice.

In 2003, I was found guilty of theft as a servant (over a $15 DVD). No conviction was recorded and obviously moved on with my life and not been in any trouble since.

In 2009, I went through the Sydney consulate and obtained a B2 Visa via the Waiver of Ineligibility. I received confirmation of my visa within 1 week of my interview.

In 2011, I went through the same process and obtained my B2 Visa via the Waiver of Ineligibility. I received confirmation of my visa within 1 month of my interview.

On 19th December 2013, I attended the Sydney consulate for my B2 Visa interview (as usual). I am intending to travel in mid-April for my honeymoon and, based on my previous experience, assumed 4 months was plenty of time to process my Visa. I've since discovered that the wait period is 4 months or more - obviously making planning my honeymoon and extremely stressful experience for myself and my bride.

So I can get some sort of idea of where I am in the queue, I've attempted to contact the Department of Homeland Securities (DHS) at every available contact point on the internet, but no response from anybody. Given my history of approved Visas, and lack of criminal history, you can understand my, and my bride's, extreme frustration at what should be the most exciting time in our lives.

Does anybody have any contacts, ideas or experiences on how I can get an update on my waiver of ineligibility? And if there's any experience of techniques to try and get the Visa approved within the next 6-8 weeks?

Thanks all, really appreciate any advice.

Hi Fordlover

Im in the same boat as you my fiance attended the consulate on the 31 July and we are still waiting, like you I have tried to gain information from DHS and the Sydney Consulate without any success, in fact my last email they were so rude and basically said there is nothing they can do - I just have to wait.

Extremely frustrating considering we are getting married on 28 March and my fiances convictions are over ten years old!

It's an extremely annoying and lengthy process that needs to be improved, you wonder why you bother doing things the right way when you hear of so many people with criminal records just entering with no problems at all, i wish you the best of luck and if I hear anything I will reply back on here. bu basically we are currently at the 28 week mark as of yesterday!

 

[fordlover]

Hi Fordlover

Im in the same boat as you my fiance attended the consulate on the 31 July and we are still waiting, like you I have tried to gain information from DHS and the Sydney Consulate without any success, in fact my last email they were so rude and basically said there is nothing they can do - I just have to wait.

Extremely frustrating considering we are getting married on 28 March and my fiances convictions are over ten years old!

It's an extremely annoying and lengthy process that needs to be improved, you wonder why you bother doing things the right way when you hear of so many people with criminal records just entering with no problems at all, i wish you the best of luck and if I hear anything I will reply back on here. bu basically we are currently at the 28 week mark as of yesterday!

Wow, 28 weeks is a VERY long time. Did you know to get in so early for your interview at Sydney?

Has your fiance received a visa before?

 

[Want to TRAV US]

No he's never been out of Australia. We are considering Thailand for our honeymoon now because we are running out of time...

 

[Want to TRAV US]

And no I didn't expect it would take this long, it says well in advance of traveling but 6 months is a little ridiculous.

 

[fordlover]

Thanks for the responses.

Has anybody reading this EVER been able to contact ANYBODY from the DHS who can give an idea of timelines/order in the queue for their waiver of ineligibility? I'm not wanting to jump any queue (although that would be nice!), I just want to know ANYTHING about how long my case is likely to take. Given I gave myself 4 months to receive my Visa, I'm getting very frustrated at the whole thing....

 

[raleyoz]

In a word " NO"

 

[Flashback]

And no I didn't expect it would take this long, it says well in advance of traveling but 6 months is a little ridiculous.

I can understand your frustration but it's a global issue and not just related to US Visas! My UK Visa took smack bang on 6 months to issue (which is the max. time they are allowed under EU law).

 

[Want to TRAV US]

Thanks for the responses.

Has anybody reading this EVER been able to contact ANYBODY from the DHS who can give an idea of timelines/order in the queue for their waiver of ineligibility? I'm not wanting to jump any queue (although that would be nice!), I just want to know ANYTHING about how long my case is likely to take. Given I gave myself 4 months to receive my Visa, I'm getting very frustrated at the whole thing....

Hey Fordlover we recieved our passport back yesterday after going on a wild goose chase for a week because the embassy put the wrong address on the parcel. Unfortunately our waiver was declined. Best of luck with yours.

 

[Hvr]

<snip>



Talk about discriminationhe was convicted 10 yearsago is a builder for a global Building Company and has worked with them since he was an apprentice, he earns a healthy Salary and we have a house that we are paying off....How can some sloth behind a desk determine what kind of person you are...jokers!

Good to see you don't discriminate against people or make assumptions without knowing the facts.

Your fiance with a criminal record is wanting to go to the USA as a guest and you're accusing the person making the decision of being biased. Let's hope they don't read this forum.

 

[Want to TRAV US]

Good to see you don't discriminate against people or make assumptions without knowing the facts.

Your fiance with a criminal record is wanting to go to the USA as a guest and you're accusing the person making the decision of being biased. Let's hope they don't read this forum.

HVR

You obviously don't know the feeling of frustration of been told you can't enter a country because of one mistake 10 years ago...how about you read all the posts on this forum and it might change your opinion.....

 

[The Rok]

HVR

You obviously don't know the feeling of frustration of been told you can't enter a country because of one mistake 10 years ago...how about you read all the posts on this forum and it might change your opinion.....

One mistake? Your previous post said conviction'S

 

[Want to TRAV US]

One mistake 2 charges

 

[4vdean]

if you could just enlighten us a little without revealing the convictions what sort of fine was involved or any hint of the severity etc. may help others

 

[Want to TRAV US]

$500 fine and 12 month good behavior bond

 

[Hvr]

HVR

You obviously don't know the feeling of frustration of been told you can't enter a country because of one mistake 10 years ago...how about you read all the posts on this forum and it might change your opinion.....

I appreciate that one mistake can cause problems but that wasn't where my comment was directed. It was your comment about the first level decision maker "How can some sloth behind a desk determine what kind of person you are...jokers!"

It seems to me that your frustration is causing you to make accusations about people that you wouldn't want made against yourself.

 

[Maca44]

I appreciate that one mistake can cause problems but that wasn't where my comment was directed. It was your comment about the first level decision maker "How can some sloth behind a desk determine what kind of person you are...jokers!"

It seems to me that your frustration is causing you to make accusations about people that you wouldn't want made against yourself.

I think what Want to TRAV US doesn't understand is they are not trying to determine what kind of person you are; they have guidelines to follow and if everything is correct they (sic) stamp it, alternatively the application goes to a higher level. I think the 'sloth' comment was simply vented through anger at the result. The US have some strange rules to follow, but their country their rules.

 

[Want to TRAV US]

Yes Maca44 that's correct. In my case the application went to a higher level. In barefoots case on here he was refused at the interview. That was the point of my comment and yes just pure frustration.

 

[desiredusername]

One thing to be wary off are little laws drawn by prosecution bureaucrats that basically say (as per a bureaucrat in health care) you're guilty if we decide to charge you. It's an alarming trend, and there are some laws that say "if we prosecute and lose, we are immune from paying your costs. If we win, you must pay us for our lawyers'. And in the case of one prosecution team, they acted unlawfully and so shamefully 2 of 3 Judges said the conduct shouldn't be repeate. Then Parliament passed an Act to confer immunity on the prosecution body. So it's not a level playing field.