Criminal record and obtaining a US visa

[BigA]

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

Thats a good point. I think an issue is a conviction is recorded until the bond is served. Which wont be until the end of the year. So would the better alternative to be skip the trip and re-apply for ESTA once the bond is over. Im sure we will be going back next year for a longer trip

 

[JayB]

Hi everyone, first time poster with alot of questions, so i hope you don't find this annoying!

I have committed to a tour of the USA with my partner and daughter for a dance trip through the USA leaving Sydney on the 20th of Sept 2014.

I also have a criminal conviction of theft as a clerk ( $35 book ) which was a genuine mistake, however being you at the time, 19 i was too embarrassed and not worldy enough to challenge as i could have explained the reasoning. I was also too embarrassed to go to court so i wrote a letter explaining my situation. It was recorded as a conviction, 9 years ago, not doubt i would have had no conviction recorded if i had actually attended in person and expressed my case. Hindsight is a wonderful thing.

Ok so now my questions. I have applied for my passport, court records and national police check, do i need the NSW one too or is national ok? I have found conflicting stories?

I am aware that i will have to go for a Visa interview which i can hopefully, passport and police check arrivingm book for the week of the 10th-14th of March

My questions are, will i get a chance to discuss my details with the interviewing officer and explain the charge?

Will it be taken into account that i still work in the same industry managing several large shops along the way?

Also the fact that i have a strict itinerary with my daughters dance group play in my favour at all?

Or is it just as black and white as yes, conviction, denied?

I think i would be eligible for an exemption,, however seeing the times here im starting to panic on how long that will take?

Is there a chance that the interviewing officer will see my side if presented well, and grant my Visa on the spot? I have seen this happen to previous posters so im crossing my fingers!

And lastly, does the wait time for it in the USA go by anything such as reasoning for the exemption or do you just get thrown into line?

This is seriously making my sick to my stomach that I could have stuffed this for our family so im just winging it and hoping to all the gods out there for the best!

I honestly appreciate any info you guys can shed on the situation for me, as i know alot of this has been answered previously.

Thanking you

 

[Ausbt]

You can't just apply for an ESTA and lie about the conviction? I'm surprised they would have access to those records to check.

 

[flymetothemoon]

Hi everyone, first time poster with alot of questions, so i hope you don't find this annoying!

I have committed to a tour of the USA with my partner and daughter for a dance trip through the USA leaving Sydney on the 20th of Sept 2014.

I also have a criminal conviction of theft as a clerk ( $35 book ) which was a genuine mistake, however being you at the time, 19 i was too embarrassed and not worldy enough to challenge as i could have explained the reasoning. I was also too embarrassed to go to court so i wrote a letter explaining my situation. It was recorded as a conviction, 9 years ago, not doubt i would have had no conviction recorded if i had actually attended in person and expressed my case. Hindsight is a wonderful thing.

Ok so now my questions. I have applied for my passport, court records and national police check, do i need the NSW one too or is national ok? I have found conflicting stories? YOU NEED TO GO TO GET A NATIONAL FINGERPRINT CHECK - IT'S AN AUSTRALIA WIDE CHECK.

I am aware that i will have to go for a Visa interview which i can hopefully, passport and police check arrivingm book for the week of the 10th-14th of March

My questions are, will i get a chance to discuss my details with the interviewing officer and explain the charge? YES, YOU DO GET A CHANCE TO EXPLAIN YOUR CHARGE. THEY ACTUALLY ASK YOU WHAT HAPPENED.

Will it be taken into account that i still work in the same industry managing several large shops along the way? YES, THIS WILL LOOK FAVOURABLE

Also the fact that i have a strict itinerary with my daughters dance group play in my favour at all? THEY WILL JUST ASK YOU WHERE YOU PLAN TO GO AND YOUR REASON FOR VISITING.

Or is it just as black and white as yes, conviction, denied? YES, BASICALLY THEY WILL STILL DENY YOU ON THE SPOT.

I think i would be eligible for an exemption,, however seeing the times here im starting to panic on how long that will take? HAVING A CONVICTION WILL NOT ALLOW YOU TO BE ELIGIBLE FOR AN EXEMPTION. IT WILL TAKE THE SAME TIME AS EVERYONE ELSE.

Is there a chance that the interviewing officer will see my side if presented well, and grant my Visa on the spot? I have seen this happen to previous posters so im crossing my fingers! NO, 99% UNLIKELY

And lastly, does the wait time for it in the USA go by anything such as reasoning for the exemption or do you just get thrown into line? THROWN IN LINE

This is seriously making my sick to my stomach that I could have stuffed this for our family so im just winging it and hoping to all the gods out there for the best!

I honestly appreciate any info you guys can shed on the situation for me, as i know alot of this has been answered previously.

Thanking you

Answers in BOLD above. These answers are just my opinion but I speak from experience as I have been through the visa process etc.

 

[BigA]

any other opinion's on my mate's situation? differences in this case compared to others is that there was no fine and a Section 10 given which expires late this year

 

[Mwenenzi]

I have committed to a tour of the USA with my partner and daughter for a dance trip through the USA leaving Sydney on the 20th of Sept 2014.
< snip >
I am aware that i will have to go for a Visa interview which i can hopefully, passport and police check arriving book (baack?) for the week of the 10th-14th of March

If you read the posts above you see they are taking at least 26 weeks. Often more.
14 March plus 26 weeks = 2 Sept
14 March plus 28 weeks = 25 Sept
As other posts here do not book flights, hotels etc unless you can get a full refund
A conviction is a conviction

 

[flymetothemoon]

any other opinion's on my mate's situation? differences in this case compared to others is that there was no fine and a Section 10 given which expires late this year

If a conviction was recorded they are going to make you wait 5 years from the expiry of Section 10 but you can try ealier obviously. Several people on here have not waited the 5 years and still been granted a visa.

 

[BigA]

If a conviction was recorded they are going to make you wait 5 years from the expiry of Section 10 but you can try ealier obviously. Several people on here have not waited the 5 years and still been granted a visa.

even if it was for a minor offence it is automatic 5 years?

 

[flymetothemoon]

even if it was for a minor offence it is automatic 5 years?

Sure is. Mine was a summary offence with no conviction recorded. I was just given a warning and I still had to wait the 5 years. I remember emailing them about 1 or 2 years after the offence and they told me it will be 5 years. But like I said some people on here have also had very minor offences and haven't had to wait the 5 years because they tried before hand. I didn't bother trying before hand, I just waited. You have nothing to lose if you try - all they can say is no and to come back in 5 years or however much time is left.

 

[JayB]

Hi everyone,

Just an update on my situation above for anyone interested...

I had my interview today down in Sydney, extremely stressful few weeks worrying, but I got my appointment a few weeks before I thought I would so that's encouraging for me.

As expected, I was declined my visa, but the Visa Officer did recommend me for a waiver of ineligibilty due to the time frame and charge.

On another note my police record check didn't arrive on time, however I did have court notes and certified outcome, which seems more beneficial as it has the actual acts under which you are charged.

The entire interview took less than 5 minutes, they are only interested in your paperwork regarding your crime.

The officer also said they take between 4-5 months, I said I fly out in a bit over 6, on sept 20 and he said well good on me for getting in early!

I'll try and pass along any info that comes to hand and update my case as I know how nervous a time it can be before an interview, and the frantic searching for info online beforehand!

Thanks
Jay

 

[Suburban Kid]

Quick Question: I decided to do the right thing and apply for a visa, which was subsequently refused, and a waiver has been sent to Washington. Got the ball rolling early Jan, and have flights booked for end of may (refundable). IF my waiver doesnt come back from washington in time, does anyone have any experience / advice on travelling with dual citizenship? I'm considering just applying for the ESTA on my other nationality passport, leaving Aus on my Australian, but entering the US on my other passport. Thoughts????

Reason I ask is I had been to USA before and not advised and had no issues (on my australian passport)

Thanks for the help in advance...

 

[Flashback]

Quick Question: I decided to do the right thing and apply for a visa, which was subsequently refused, and a waiver has been sent to Washington. Got the ball rolling early Jan, and have flights booked for end of may (refundable). IF my waiver doesnt come back from washington in time, does anyone have any experience / advice on travelling with dual citizenship? I'm considering just applying for the ESTA on my other nationality passport, leaving Aus on my Australian, but entering the US on my other passport. Thoughts????

Reason I ask is I had been to USA before and not advised and had no issues (on my australian passport)

Thanks for the help in advance...

If you'd fail the waiver for your Australian passport, you'd also fail for any other nationality you have. The questions are exactly the same.

 

[Hvr]

So you'd lie on the ESTA using your other passport?

Pretty good bet you'd be caught noting that the US immigration officials have your full name, DOB etc and you would be in a heap of trouble when caught.


Better off cancelling your trip until (if) the visa is approved.

 

[zainman]

Quick Question: I decided to do the right thing and apply for a visa, which was subsequently refused, and a waiver has been sent to Washington. Got the ball rolling early Jan, and have flights booked for end of may (refundable). IF my waiver doesnt come back from washington in time, does anyone have any experience / advice on travelling with dual citizenship? I'm considering just applying for the ESTA on my other nationality passport, leaving Aus on my Australian, but entering the US on my other passport. Thoughts????

Reason I ask is I had been to USA before and not advised and had no issues (on my australian passport)

Thanks for the help in advance...

Couldn't you have simply applied for the ESTA on your other passport and not apply for a USA visa on your australian passport in the first place?

I don't know if they will be able to see whether you were denied a visa on your Australian passport when you enter using a different nationality or not. Generally no problems departing a country on one passport and arriving into the other with your other one. Especially when countries require that you enter using their passport if you are a citizen.

 

[Suburban Kid]

That's what im thinking, i'm not sure if they will be able to link the two. As far as my passport goes I will be a citizen of another country, same DOB is not really that relevant.

I've been to the USA after my first conviction (which is now a spent record so does not need to be disclosed) and the US do not consider DUI as a crime of moral turpitude.

 

[Hvr]

That's what im thinking, i'm not sure if they will be able to link the two. As far as my passport goes I will be a citizen of another country, same DOB is not really that relevant.

I've been to the USA after my first conviction (which is now a spent record so does not need to be disclosed) and the US do not consider DUI as a crime of moral turpitude.

The US doesn't recognise spent convictions. Not saying I agree with it just letting you know.

Also, I wouldn't be surprised if the US gets a record of the passport details you leave the country with, i.e. your Australian passport. Which they have all the details of while they are determining whether or not they should give you a visa.

 

[Suburban Kid]

The US doesn't recognise spent convictions. Not saying I agree with it just letting you know.

Also, I wouldn't be surprised if the US gets a record of the passport details you leave the country with, i.e. your Australian passport. Which they have all the details of while they are determining whether or not they should give you a visa.

I've thought about this - I'd be checking in to my flight on my other passport, and would clear AUS immigration on my aussie passport, they normally just scan you out of the country and that's it.

 

[OzEire]

You are playing with fire. Flashback and Hvr both make good points. I'd recommend not trying to trick DHS. You will most likely get caught and the consequences will be unpleasant.

 

[Suburban Kid]

Hypothetically speaking - what's the worst they could do. Send me home? Ban me from entering USA again?

 

[Flashback]

Hypothetically speaking - what's the worst they could do. Send me home? Ban me from entering USA again?

Is it worth wasting all that money? Given it's a flexible ticket anyway I'm not sure why you wouldn't just change it to cover travel for a date that the Visa may be approved. It seems like we're giving you the answer but you're not accepting it.