Criminal record and obtaining a US visa

[missnonimac]

Hi everyone.I know there is like hundreds of questions & answers regarding pretty much the same topic,but I thought I'd still pop my question & info in for some feedback...
I was charged & convicted of a crime 12years ago (last court document dates 29th Oct 2002) & placed on a good behaviour bond for 2 years with no fines or any type of community service.I completed the bond with no issues at all & have never been in trouble since (or even before that!)...my partner is travelling to Florida at the end of April for a work course & is allowed to take me & our two children with him.I obviously selected Yes on the ESTA thing when asked if I've ever been arrested or convicted...the charge was 'hindering a police investigation'.So I definitely assume it comes under that moral thingo...so am now expecting to start the process of doing my visa interview at the embassy & probably being denied on the spot & (hopefully) being granted a waiver.What do you think my chances are? It's going to be a long & expensive process & would be devastated if after all that,I was flat-out denied entry at all.I still have the costs of having to get us all passports too lol...any feedback would be greatly appreciated

 

[Mwenenzi]

Welcome to the forum

....my partner is travelling to Florida at the end of April for a work course & is allowed to take me & our two children
< snip >
.so am now expecting to start the process of doing my visa interview at the embassy & probably being denied on the spot & (hopefully) being granted a waiver. What do you think my chances are? It's going to be a long & expensive process & would be devastated if after all that,I was flat-out denied entry at all

If you read posts in this thread and other like it here Visas, Immigration & Customs you will see formal interview/applications are taking 26 weeks and more. April is very close: best not to have high expectations. Do not buy an air ticket that cannot be fully refunded (will be very expensive) or better only buy later if your applications is successful

 

[Want to TRAV US]

It's a 6 month wait on a waiver of ineligibility if the embassy recommends one for you. As you can read from my post my fiance got knocked back on his and his record is 11 years old. Best of luck! If I were you id wing it...

 

[Mwenenzi]

...I obviously selected Yes on the ESTA thing when asked if I've ever been arrested or convicted...

I... Best of luck! If I were you id wing it...

As missnonimac's post above it looks like she has already done the ESTA on line

 

[missnonimac]

Thanks for the responses...April 30th is the date my partner leaves for the course & it doesn't finish til the 12th Sept.I wasn't planning on going for the entire 4 months as that would be a long time for my daughter to be out of school.So we were looking at maybe spending the last month over there with him.He gets back from another work course on Wednesday & we'll be starting the process then.I find the whole thing so overwhelming! I know not to book any flights yet,as it's definitely not a sure thing that I can even get a visa.But his work will be paying him a significant amount in allowances anyway,which we will use to pay for our kids & my flights.So it's not like we'd be out of pocket for the flights...the whole thing is so bloody frustrating.

 

[Want to TRAV US]

It's an extremely frustrating and stressful process and your not guaranteed entry...you hear of people getting through by not being honest and then if you are honest you still can be denied....good luck

 

[missnonimac]

Argh I know! Part of me just wants to give up & not even attempt to apply for the visa.But he so badly wants us to join him.It would be so much easier to just stay home lol.
I keep reading so many conflicting stories & whether people should not select No coz after 10yrs,you don't have to disclose that info anywhere.But I just can't be dishonest,I would be paranoid the entire time!

 

[bass_ke]

You've chosen the right path friend. I'd rather have it done right than potentially refused entry to the us, spend some time in detention til you return to Aus and potentially get a stamp in your passport that indicates you were denied entry to the us - doesn't look good for other visa applications.

Spent convictions doesn't apply to all situations, in Aus it certainly doesn't apply to making a declaration about convictions and a visa application

I wish you the best of luck!

 

[~Bella~]

Hi everyone.I know there is like hundreds of questions & answers regarding pretty much the same topic,but I thought I'd still pop my question & info in for some feedback...
I was charged & convicted of a crime 12years ago (last court document dates 29th Oct 2002) & placed on a good behaviour bond for 2 years with no fines or any type of community service.I completed the bond with no issues at all & have never been in trouble since (or even before that!)...my partner is travelling to Florida at the end of April for a work course & is allowed to take me & our two children with him.I obviously selected Yes on the ESTA thing when asked if I've ever been arrested or convicted...the charge was 'hindering a police investigation'.So I definitely assume it comes under that moral thingo...so am now expecting to start the process of doing my visa interview at the embassy & probably being denied on the spot & (hopefully) being granted a waiver.What do you think my chances are? It's going to be a long & expensive process & would be devastated if after all that,I was flat-out denied entry at all.I still have the costs of having to get us all passports too lol...any feedback would be greatly appreciated

Such is the problem with the whole process... you won't know until you try.

I'm not sure you're aware though, there is currently a 26 wait on visa waiver applications. I attended my appointment in Sydney in January and was advised accordingly of the wait.

In saying that, a friend of mine was recently approved for a visa waiver (she has a history also). When she checked the status (after the period of time in which they advise you contact them after), they provided her with a link. She forwarded that link to me, and it seems most (all?) applications are not even started until a couple of weeks before. They sit in a pile for months....

 

[~Bella~]

Anyone had experience w/ applying (and subsequently being approved for..) a visa waiver, but them not withholding your passport for the 6 month wait/duration?

A friend of mine also recently applied, and was approved - though they withheld her passport.

I travelled to Sydney in January for my appointment, but they didn't withhold my passport. The crime in question was 9 years ago, and it all seemed to go OK (the appt), but the fact they gave me my passport back does not instilll an awful lot of hope.

Experiences?

 

[~Bella~]

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....

It's a little bit interesting, really...

As mentioned previously I have a friend who has recently been approved her visa waiver (after a 25 week wait). When she enquired as to the status of her visa (after a certain period), they provided her with a link to input her case/application number. When inputting your case number, it brings up whether you were A) approved, or B) refused. However, when her application status changed, it was noted on there (when she checked in from time to time).

Interesting thing to note is it appears they don't even LOOK AT your application until the 22-23 week mark. The whole process from when they updated her application status from 'Refused' (as mine is currently showing now) to the visa being issued in her passport and sent to her only took a week or so.

There were 0 updates prior to this. Now, you would think, if the process genuinely took 26 weeks there would be multiple reasons for this, and those reasons (updates?) would be reflected, no?

 

[serfty]

One mistake 2 charges

$500 fine and 12 month good behavior bond

Convicted on one charge and a bond on the other? (By definition a bond is not a conviction - although it's irrelevant in US Visa cases as simply being arrested make one ineligible for the VWP.)

 

[~Bella~]

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

Just goes back to what I was saying above re: it seems they don't even look at it until just before! If Hong Kong can complete the whole process so quickly what is Australia's delay?

 

[~Bella~]

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.

I'm sorry to hear that Want to TRAV US. Disappointing. May I ask what charge(s) your fiance had? Were there multiple?

 

[missnonimac]

Justwondering,is it possible to do the interview without a passport? I really don't want to have to spend $244 on a passport I know I'll never use again,if I'm not going to be granted a waiver.Has anyone ever done this?

 

[flymetothemoon]

Justwondering,is it possible to do the interview without a passport? I really don't want to have to spend $244 on a passport I know I'll never use again,if I'm not going to be granted a waiver.Has anyone ever done this?

No. You must have a passport but I'm sure there are many other wonderful places you could and will want to go to so it's always beneficial to have a passport

 

[BigA]

My mates and I have booked a trip to the Americas with 1 week in the USA in July this year.

However one of the travelling party is currently serving a 12 month Good Behaviour Bond for malicious property damage (first and only offence) with no compensation required as the damage was minimal -to- none and no conviction was given in court. Section 10

He currently has an ESTA that is due for expiry later this year. Is it possible he can re-apply for ESTA given this circumstance and ticking YES to the moral turpitude question OR does he have to go through the visa process.

Any advice would be most welcome.

 

[Flashback]

My mates and I have booked a trip to the Americas with 1 week in the USA in July this year.

However one of the travelling party is currently serving a 12 month Good Behaviour Bond for malicious property damage (first and only offence) with no compensation required as the damage was minimal -to- none and no conviction was given in court. Section 10

He currently has an ESTA that is due for expiry later this year. Is it possible he can re-apply for ESTA given this circumstance and ticking YES to the moral turpitude question OR does he have to go through the visa process.

Any advice would be most welcome.

The way I read the question is "Have you been arrested" (question 1), and if so "was it a crime of moral turpitude". The jury is out on whether this means any arrest, regardless of MT, or whether it only applies to arrests that regard to crimes of MT....

 

[BigA]

The way I read the question is "Have you been arrested" (question 1), and if so "was it a crime of moral turpitude". The jury is out on whether this means any arrest, regardless of MT, or whether it only applies to arrests that regard to crimes of MT....

in this case what do you think is the best way to proceed?

 

[Flashback]

in this case what do you think is the best way to proceed?

Some people would suggest risking it - I would suggest a quick session with an immigration lawyer (specialising in USA) to be 100%.