Criminal record and obtaining a US visa

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fordlover said:
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.....
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I was the complete opposite. When I went through immigration in Hawaii it was the quickest out of the lot and the lady was very friendly and even was nice enough to strike up a conversation with me.
 
jorza said:
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 :)
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Did you find the second one easier? Did they ask you much?
 
jorza, do you think the whole 5 year thing didn't cause an issue as you had no conviction? Interested to know as most of the comments say you should wait till after the 5 year mark.
 
Hi Parky17,

Thank you for responding, I am getting a little more anxious every day closer to december. I am thinking positive for the both of us. It's a shame I can not be excited for this trip. I'm not sure how I would tell the kids either, if we don't get the visa ;( but pushing those thoughts back down!

What date was your interview?

Best of luck
 
My visa interview was on the 30 June, and I got an email yesterday saying it has been approved!
A little earlier than I expected.

Need to send them my passport now, they usually get it back to us pretty quickly right, like maybe a week or so?
 
Congrats Rakem, was your interview in Melbourne?

I sent a query about this and this is the link that was sent to me, I'm a bit nervous as mine is coming back as "REFUSED"
I am hoping this it the normal status until you get official notice. can anyone verify?

won't let me post the link so its had to do it this way :$ https:// ceac. stat. gov/ ceac
 
karolin said:
Congrats Rakem, was your interview in Melbourne?

I sent a query about this and this is the link that was sent to me, I'm a bit nervous as mine is coming back as "REFUSED"
I am hoping this it the normal status until you get official notice. can anyone verify?

won't let me post the link so its had to do it this way :$ https:// ceac. stat. gov/ ceac
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Hi karolin, I don't think the CEAC status is updated. Mine still says Refused when I already received the email notification asking for my passport. My interview was 26 June in Melbourne.
 
Anyone been through immigration in Dallas?
How does it compare to LA?

I had a not so nice experience in LA recently and don't really want to go back there
 
had issues with a working visa vs a business visa. Basically got refused entry and sent home.
The hole experience was pretty horrible, and I just don't want to go back to LAX
 
rakem said:
had issues with a working visa vs a business visa. Basically got refused entry and sent home.
The hole experience was pretty horrible, and I just don't want to go back to LAX
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If you were deported as a result of a visa issue, has there been any conditions placed on your future travel to the USA such as no entry for 5 years etc?
Also, if you had a problem with your visa in LAX I suspect you would have the same problem in DFW.
In saying that the majority of officers in LAX seem to treat you like a criminal when you arrive.
Recently flew CX SYD-HKG-ORD and when clearing customs in ORD it was a totally different, nice and respectful.
 
Good morning,

Part of my routine was to check my application status everyday, to my delight it was stated " ISSUED" i was jumping for joy!!! dated the 17th November, my interview was 16th July. I hadn't received any notifications via email until a fews later, actuality the day before my visa arrived. Just a heads up try not to miss the delivery guy as you have to go to the depo to pick it up. Now I am allowing myself to get excited!!

Best of Luck to you all.
 
Maca44 said:
If you were deported as a result of a visa issue, has there been any conditions placed on your future travel to the USA such as no entry for 5 years etc?
Also, if you had a problem with your visa in LAX I suspect you would have the same problem in DFW.
In saying that the majority of officers in LAX seem to treat you like a criminal when you arrive.
Recently flew CX SYD-HKG-ORD and when clearing customs in ORD it was a totally different, nice and respectful.
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No restrictions placed as far as I know. I was allowed to 'withdraw my application for admission.' If I was banned I would have got 'expedited removal' which incorporates a ban.
None of the documentation I have says anything about a ban, which I'm sure it would if I was banned.

"A grant of permission to withdraw the application for admission is not an order of removal. The individual does not face a bar to returning to the U.S. and does not require permission to reapply for admission to the U.S."
http://www.borderimmigrationlawyer.com/withdrawal-of-application-for/

So yeah, the LAX experience was just horrible, and you're totally right, I was treated like a criminal throughout the whole 13 hours I was stuck there. I guess they get a lot of people trying to do dodgy things.
I'm sure I'm going to get taken aside and questioned no matter what airport I go through to enter the US, just hoping the people at Dallas are a little more friendly.
 
rakem said:
No restrictions placed as far as I know. I was allowed to 'withdraw my application for admission.' If I was banned I would have got 'expedited removal' which incorporates a ban.
None of the documentation I have says anything about a ban, which I'm sure it would if I was banned.

"A grant of permission to withdraw the application for admission is not an order of removal. The individual does not face a bar to returning to the U.S. and does not require permission to reapply for admission to the U.S."
http://www.borderimmigrationlawyer.com/withdrawal-of-application-for/

So yeah, the LAX experience was just horrible, and you're totally right, I was treated like a criminal throughout the whole 13 hours I was stuck there. I guess they get a lot of people trying to do dodgy things.
I'm sure I'm going to get taken aside and questioned no matter what airport I go through to enter the US, just hoping the people at Dallas are a little more friendly.
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Interesting site, which then links to Form I-192 [and other INA 212(d)(3) waivers] - Border Immigration Lawyer

http://www.borderimmigrationlawyer.com/form-i-192-nonimmigrant-waiv/ said:
Consular officers are instructed that:
Eligibility for a waiver is not conditioned on having some qualifying family relationship, or the passage of some specified amount of time since the commission of the offense, or any other special statutory threshold requirement. The law does not require that such action be limited to humanitarian or other exceptional cases. While the exercise of discretion and good judgment are essential, you may recommend waivers for any legitimate purpose such as family visits, medical treatment (whether or not available abroad), business conferences, tourism, etc.
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Hi,

Just curious as to whether they take your passport while you wait for 5-6 months for a decision to be reached? I'm hoping to travel elsewhere while waiting.

Thank you.
 
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lad_19871 said:
Hi,

Just curious as to whether they take your passport while you wait for 5-6 months for a decision to be reached? I'm hoping to travel elsewhere while waiting.

Thank you.
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They ask you at your interview whether you want to keep it until you get approved or send it off with your application. I choose to keep my passport. If you get approved you have to send it to the embassy
 
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