Criminal record and obtaining a US visa

[JayB]

Hey everyone,

It's been a while! I'm slowly going crazy and starting to stress now, as we leave in approx 30 days, which was 28 weeks from my interview on march 7th. We're heading over for our daughters dance group and I'll just be shattered if I can't go with her!

I'm now in week 23 with week 24 completes this coming Friday. I have been reading every forum available, emailing the consulate and whilst still hopeful with everyone's turn around being about 24 weeks, I still worry...

I just can't wait until I have an email letting me know either way, hopefully in the next few days with a good result!

I'll keep you all updated as I know it helps put minds at ease

 

[Lainalou]

Hi,

Saw this and thought someone may be able to help with our situation or point me in the right direction. My husband and I have been married for 2 years, we are expecting our first child in January. I am a natural born US citizen and he is a natural born New Zealand citizen, we both live in New Zealand at the moment. In the next year or two we want to move permanently to the US, this is our dilemna. Husband was convicted five years ago this November on two counts of moral turpitude. It was two counts in one incident with one sentencing. He served no prison time, he was sentenced with community service and a fine which he paid in full. He even ended up having his community service time cut because of showing good initiative and good character. He tried to travel to the US to visit me before we were married and was denied as they said he needed to be five years passed his sentencing. Five years is this year, by the time we move it will likely be 6 or 7 years passed. Does anyone know if he would be likely to be approved for an "Immigrant Visa for Spouse of US Citizen" or would we be better off going through with a "Non-Immigrant Visa for Spouse of US Citizen" to start off with? All the information from the consulate seems very vague and $1500US is a lot to fork out for a visa to find out later he's banned for life.

 

[JayB]

Hey guys,

Just an update as I'm hanging on this whole result with our travel date 20th sept 2014 approaching so quick...

Checked my status and it has moved from denied or refused to administrative processing...

Fingers crosses a day or two!

Please cross yours for me and my family too as my daughter it so looking forward to performing in Disneyland with her dance group!

Thanks
Jay

 

[flymetothemoon]

Hi,

Saw this and thought someone may be able to help with our situation or point me in the right direction. My husband and I have been married for 2 years, we are expecting our first child in January. I am a natural born US citizen and he is a natural born New Zealand citizen, we both live in New Zealand at the moment. In the next year or two we want to move permanently to the US, this is our dilemna. Husband was convicted five years ago this November on two counts of moral turpitude. It was two counts in one incident with one sentencing. He served no prison time, he was sentenced with community service and a fine which he paid in full. He even ended up having his community service time cut because of showing good initiative and good character. He tried to travel to the US to visit me before we were married and was denied as they said he needed to be five years passed his sentencing. Five years is this year, by the time we move it will likely be 6 or 7 years passed. Does anyone know if he would be likely to be approved for an "Immigrant Visa for Spouse of US Citizen" or would we be better off going through with a "Non-Immigrant Visa for Spouse of US Citizen" to start off with? All the information from the consulate seems very vague and $1500US is a lot to fork out for a visa to find out later he's banned for life.

I suggest your best bet would be to speak to an immigration lawyer specialising in U.S immigration as this is a tough one. As far as I'm aware, any moral turpitude crime that has occurred less than 5 years ago requires a visa but in relation to "spouse of US citizen", I have no idea and no one would be able to give you an exact answer apart from the US embassy or a lawyer.

Hey guys,

Just an update as I'm hanging on this whole result with our travel date 20th sept 2014 approaching so quick...

Checked my status and it has moved from denied or refused to administrative processing...

Fingers crosses a day or two!

Please cross yours for me and my family too as my daughter it so looking forward to performing in Disneyland with her dance group!

Thanks
Jay

All the best! Fingers and toes are crossed

 

[Johndouglas]

So has anyone been successful getting a waiver with a criminal record?

 

[JayB]

So has anyone been successful getting a waiver with a criminal record?

Hey John,

For sure! Don't be disheartened if it's your case by any means, just be prepared for a wait and plan approx 6 months in advance

Jay

 

[Johndouglas]

Hey John,

For sure! Don't be disheartened if it's your case by any means, just be prepared for a wait and plan approx 6 months in advance

Jay

Hey jay.

thanks for replying! Had an interview last week, and they denied me on the spot because of a minor theft charge without conviction 9 years ago, they said they were gonna put in a waiver of inadmissibility on my behalf. Just wanted to know if anyone had been successful because my wife really wants to go to us and I don't wanna let her down.

 

[flymetothemoon]

Hey jay.

thanks for replying! Had an interview last week, and they denied me on the spot because of a minor theft charge without conviction 9 years ago, they said they were gonna put in a waiver of inadmissibility on my behalf. Just wanted to know if anyone had been successful because my wife really wants to go to us and I don't wanna let her down.

The majority of people in this thread have been successful, including myself (that have waited the 5 years and not had any major convictions)

 

[JayB]

Hey jay.

thanks for replying! Had an interview last week, and they denied me on the spot because of a minor theft charge without conviction 9 years ago, they said they were gonna put in a waiver of inadmissibility on my behalf. Just wanted to know if anyone had been successful because my wife really wants to go to us and I don't wanna let her down.

Hey mate,

No worries, I know how stressful it is, chasing conflicting stories online etc... My best advice woul be to Fodor it, but allow a good 6 months of planning... I knew I would be cutting it tight with my trip, 28 weeks from interview to travel, but we had already book through my daughters dance school...

Fingers are crossed at the moment for a positive outcome, and goodluck for you and your wife, the wait really does suck

 

[jorza]

The majority of people in this thread have been successful, including myself (that have waited the 5 years and not had any major convictions)

Hey Buddy! Hope the USA trip was good.

Im looking at re-applying for my Waiver, WHICH WAS ACCEPTED PREVIOUSLY, what was the process you took? I cant remember. I think i filled a DS-160 and then went through USA travel docs for an interview and the waiver was submitted from there. Im just forgetful if i have to go through the DS-160 again.

 

[flymetothemoon]

Hey Buddy! Hope the USA trip was good.

Im looking at re-applying for my Waiver, WHICH WAS ACCEPTED PREVIOUSLY, what was the process you took? I cant remember. I think i filled a DS-160 and then went through USA travel docs for an interview and the waiver was submitted from there. Im just forgetful if i have to go through the DS-160 again.

Hey, yes it was really good and yes, that's the process.

 

[CateeBear]

Hey jay.

thanks for replying! Had an interview last week, and they denied me on the spot because of a minor theft charge without conviction 9 years ago, they said they were gonna put in a waiver of inadmissibility on my behalf. Just wanted to know if anyone had been successful because my wife really wants to go to us and I don't wanna let her down.

It takes 22 weeks to process but yes you will be successful... I interviewed on 29/8/13 & was recommended for a Waiver of Ineligibity, I received my passport back with Visa inside 12/2/14. My 'past' was 9.5 years previous.

 

[highfive]

Hi! I'm new to this forum. Has anyone in this forum just received their visa (with a waiver)? What's the current wait time? I'm just about to apply.

 

[foxhunt]

Hi. First post here. I'm just about to go through this process for a 4 week US holiday with my teenage son.

Had already ordered the National Police Check (selected required for visa option therefore Spent Convictions Scheme applies) before reading through this thread and fully expect it will come back with no recorded conviction as the convictions date back to between 1976 and 1980.

So I need to order the one which includes all the history that satisfies the Visa interview people. Can anyone advise which one I need from the list? "Immigration/Citizenship for supply to department of immigration" or possibly any other documents?
On the consulate web site it talks about providing an "Outcome of Court Proceedings". I rang the police station where I was 'processed' who said they couldn't provide anything and that I would need to go through freedom of information. Though I was starting on a goose chase there....

For the record, as I found it useful hearing other peoples stories, even though I don't enjoy disclosing this history, a full disclosure check should show 3 convictions;
Age 16, got into a stolen car. Pretty sure it was recorded as joyriding (take without owners consent, and not intend to take permanently) which I think isn't considered of moral turpitude.
18th birthday (literally) Trespass. Alcohol removed common sense... Involved no loss or damage to anyone or anything.
Age 20. Smoke and posses cannabis. Couple of joints worth.
Good behaviour bond and a fine for each.
So I'm expecting just the controlled substance one will be what I'm ticking Yes to.

But I have rehabilitated! No issues since 1980. Have studied, had continual steady employment for 30 years, married for 22 years, kids doing HSC and at Uni, etc.

Just wanting to get through the process as painlessly as possible so advice, suggestions appreciated.
Thanks.

 

[N860CR]

No experience here, but I do sympathise. Who'd have thought a few childish acts (as a child) could have such an impact decades later . Certainly a good lesson for your kids I guess. I'm sure they won't get into the same trouble.

 

[Mattf]

Hey All,

I did my visa app interview about a month back and submitted a visa Waiver of ineligibility. I'm a little confused about the correspondence process. I logged into my ustraveldocs.com account and it says that the correspondence i have sent them is in a previously closed case.

The main issue is I didn't take a police certificate to the interview but emailed a scanned copy to them a few days later, on the consular officials instruction.
Can anyone please tell me how they received correspondence from DHS or US Consulate? email, phone or mail?

I'm not so concerned about DHS Refusing me but more that I've done the paperwork wrong.
Is there somewhere i can check the waiver status or has anyone contacted DHS or US Consulate for any similar issues??

Thanks.

 

[karolin]

I'm new to this forum, just wanted to know if anyone has applied for a waiver visa in July this year and received it yet?
I'm waiting in anticipation ;(

My problem is we don't have any convictions, but 9 years ago a small charge for cannabis - thinking it only applied to convictions. But the moral of the story is that we booked a holiday for December with the family - fully paid for, while applying for the online visa, came across the question stating any chargers and basically freaked out and had go through the whole interview thing and was told by the nicest staff member that he would apply for a weaver for us. I'm so scared I'm not going to get it in time!

The 22 week mark is basically a week before we leave, I was wondering if they push them through a bit quicker due to the Christmas break - heres hoping -praying..

thanks for reading

 

[Parky17]

Hey karolin we are in the same boat. Interview in July and we are still waiting- our trip is in December too..
We have our fingers and toes crossed -it is crazy to have to wait so long!
Will let you know when it arrives...trying to think positively!!

 

[jorza]

Hey Guys,
some older to this thread may know me. I've been through this process twice now.
I had a court proceeding 4 years ago where no conviction was recorded but i was guilty. Still shows up on police check. I applied through my consulate in Melbourne and a waiver was applied for on my behalf, five months later it got accepted and i went, but only got a 6 month and 1 entry visa.
I've been and travelled to USA now - loved every bit of it.
Have applied for my second one (by chance had the same guy who applied for a waiver on my behalf as last time).
just over the one month mark.
If anyone has any questions or queries, i'd be happy to give them what information i know of the process - always be positive guys, never assume you won't get one because we've made mistakes in our past. Inbox me if you have any questions or just reply to this comment

 

[fordlover]

Hi all,

Just an update - just got back a few weeks ago from my trip to the USA, having waited 5 months for my non-immigrant B2 tourist visa (including waiver of ineligibility) to be approved.

I must say that while I was waiting in Hawaii to go through immigration and have that usual 'interview' for those who have a waiver of ineligibility (those who have had it before know what I'm talking about), I was actually quite shocked at how many DHS officers were standing around having a casual chat, or generally being very slow at processing cases/people through.

It was in that moment that I realised why the waiting time for waiver of ineligibility takes 5-6 months.....