Criminal record and obtaining a US visa

[Jake1989]

Well, here I go..

I'm a 25 year old male from Melbourne, Australia - I have one that I know of but possibly two convictions one was about 7 years ago (drunk and disorderly) but courts did record it as a non conviction, and one was from 2 years ago (attempted armed robbery, for which I was sentenced to prison, 8 months served inside and 10 months on parole) I also have a long list of graffiti charges and possess controlled weapon (bolt cutters) maybe about 15 counts all from 2005 to 2012.
I was highly medicated during those years and had substance abuse problems, I am the first the admit my life choices led me down a horrible path, since entering prison October 2012, I ceased use of all medications and began therapy, I have remained trouble free since then and have remained on the straight and narrow with ease, I have regained family connections that I lost and have by all appearances completely changed my life. I really would like to travel to the USA in the future, I know right now may not be suitable - but in reality It was at my request I go to prison, time and time again I got let off, I saw the system as a joke, I requested the maximum punishment as I could not better myself till I had hit rock bottom, the court transcripts state this as the judge was contemplating giving me a 2 year intensive corrections order instead, something that didn't seem valid to me. The crime itself ate away at me and after 7 short days I turned myself in before the police had a clue who I was, they didn't know who they were looking for, I needed to clear my conscience and start again. I still can't believe their shock when they found out I was telling the truth, no one had done that before it had seemed. I had every opportunity to make that attempted cease to exist before the charge but I chose to walk out and regather my thoughts and decision making, without going any further into this I wanna know if I had support letters from a GP who has known me since my birth and a psych I've seen since I returned from prison and did some sort of voluntary drug testing at my own expense for a period of time what is the likeliness of ever being able to travel the USA? I been getting American memorabilia since I was 6 years old, all I wanted was pictures or calandra or gifts from America. I have rail signs, street maps, toys, collectables, metro tickets, currency, all sorts of things that display the dream. Can anyone give me an honest and helpful answer? Not looking for a smug answer or someone just laughing, I have completely changed and would have no problem proving that, I just need to know if it's ever gonna be a possibility.

 

[Hvr]

Hi Jake1989, good on you for turning your life around.

Realistically you haven't got a chance until at least five years after your last offence. Given the seriousness of the offence(s) you may not be successful then but you would be best to discuss this with a legal professional who knows about US law prior to lodging your application.

 

[whatmeworry]

Yep 5 years wait. So you have at least another 3 years. In the time after your last offence, Us officials will look at look you have done to rehabilitate., i.e. employment, study, volunteering etc. So best to see an immigration lawyer and they will advise what the best things you can do to maximise your chances of getting in.

 

[Jake1989]

I gladly appreciate the tips and honesty, I expected otherwise but a refreshing surprise - I'll certainly look at speaking with an immigration lawyer to better my chances and begin some volunteer work! Been contemplating it for a while, no better time than now to help out!

 

[lad_19871]

Hey everyone,

Just wondering if anyone has a similar case, or knows of a similar case to myself and if so how that went.

2007 - DUI + driving without licence + driving uninsured vehicle
2008 - Driving uninsured vehicle
2009 - Driving without licence

All fines paid, good behaviour bond served. Licence back several years.

Looking at applying towards the end of this year which would make it over 6 years since my last offence.

Any information greatly appreciated.

Thanks.

 

[QLDidiot87]

Found this thread when searching for information - I accept that any advice is simply advice and nothing official. 75 pages is a lot to read through, and I've found myself with a LOT of tabs open after digging through various Government sites for answers. I've never traveled overseas before so I'm hoping that someone can share any information, advice, or experience.

Me: 27yo. Wanting to travel to the US for approx 6 weeks as a tourist
- Arrested at age 17 (2005) for calling in a bomb hoax to my school. (Explanation is needed: I was at a high school which took in adult learners to complete years 11 & 12 - the adults and the school kids were kept in different parts of the school... All I can say to explain myself is that I was an idiot and was not in a great state of mind at the time)
- I'm in QLD, so I was tried as an adult at age 17.
- Maximum sentence was 5 years, but no conviction was recorded. 9 months probation.
- I haven't been arrested or otherwise found myself on the other side of the law during the 10 years since.

So, how I see it.
- I am ineligible for the Visa Waiver Program as I've been arrested in the past.
- Section 212(a) of the Immigration and Nationality Act under "Criminal and Related Grounds" has an exemption for a "crime committed when the alien was under 18 years of age", provided that it's the only crime on their record, as is my case. (I am assuming that this doesn't refer to the Visa Waiver Program which includes a specific clause about any previous arrests regardless of age)

My best option is probably applying for a B-2 visa? I'd rather the flight down to the consulate in Sydney than risk being turned back at LA. Do I have this correct?

 

[jorza]

Just an update on my case;
I'm at 5 months and 3 weeks. 1 week of 6 months. Any day now.....

already had one waiver approved in 2013.

 

[jorza]

Another update:

WAIVER APPROVED 1 Year - MULTIPLE ENTRIES.
2ND VISA APPROVED IN TWO YEARS.

 

[cazz0069]

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

Hey Jorza. I have read some of your posts but admittedly have jumped to the end of the thread rather starting from scratch. I'm sitting at the 1.5 month mark after my interview. I have been told that I have been requested for a waiver. After giving them my police check, that was the last I heard. I thought they would request my passport but they didn't. I was to.d they don't need your passport for processing although I guess if I'm successful they will then ask. Are there any mentions on here of people who were t approved after their ineligibility of waiver was put through? I have drug trafficking offence from 1994 and giving a false name back in 2004. Would love to hear your story in a nutshell and whether or not I should panic at not getting approved. From what I have read everyone seems to have been successful. Maybe I should keep reading. Hehe.

 

[mamaof3]

Anyone had a non-conviction for minor theft ($80 worth) less than 5yrs ago that succesfully obtained their Visa?

 

[yowie71]

Anyone had a non-conviction for minor theft ($80 worth) less than 5yrs ago that succesfully obtained their Visa?

I'm wondering the same thing. After reading through many posts that it seems to be the case that if you have been arrested/had a summons to court you will be automatically denied a tourist visa in the interview and have to go down the lengthy path to a ineligibility waiver even if your case was dismissed or no conviction was recorded with no fines, bonds, etc.

would appreciate any opinions from anyone who has been through the same path.

 

[jorza]

I'm wondering the same thing. After reading through many posts that it seems to be the case that if you have been arrested/had a summons to court you will be automatically denied a tourist visa in the interview and have to go down the lengthy path to a ineligibility waiver even if your case was dismissed or no conviction was recorded with no fines, bonds, etc.

would appreciate any opinions from anyone who has been through the same path.

Hey guys!
In relation to this, i was given a non conviction for theft of over $1000 and had my visa approved within 5 years of my crime.
I have also had a second one approved for 1 year, multiple entries and about to start applying for my third.

Don't stress guys, each case is based on your character now - what i would try to emphasize in your interviews is show documentation that demonstrates the difference in the person you are now to the person you were when the crime was committed.

You are dealing with compassionate people. Dont stress

 

[jorza]

Hey Mama!
I replied to this further down,
but i had my visa first approved for 1 single entry with 6 months to use it. That was 2-3 years after my crime which was theft of over $1000.
I had to show that i was not the same person now, as i was when the crime was committed. SHowed university transcripts, volunteering papers, internationally signed model contract...etc.

Ive had my second approved for multiple (unlimited) entries within a 1 year period.
it expires in march, but im applying for my third soon.

 

[coochiechic]

Good Morning Everyone,

New member here although I've been lurking for a little while.
I need to get some advice re: visa approval to the USA. I hope it hasnt been done too much to death. I've read through everyones experiences and you are all a wealth of knowledge.
Hubby and I are wanting to travel to the USA next year. Unfortunaltey hubby has quite a colourful past and will be ineligable for the VWP.
He has a bit of a problem with alcohol for quite a few years and needless to say, he managed to get himself into a fair bit of trouble. He has now been sober for almost 10 years and has managed to completely behave himself in that time.
In terms of criminal history check, does he need to get the 'name only' or 'name and finger prints' search ? He has history in Tasmania and here in QLD. Does he need to make application for history checks in both states?
All fines have been paid and he's never been to jail.
Once he obtains that, does he then make application to the US consulate and then just wait for his apppointment.


He has been charged with various different things in the past but nothing in at least 8+ years
In all honestly, what do you think his chances are ?

 

[cazz0069]

Good Morning Everyone,

New member here although I've been lurking for a little while.
I need to get some advice re: visa approval to the USA. I hope it hasnt been done too much to death. I've read throught everyones
Hubby and I are wanting to travel to the USA next year. Unfortunaltey hubby has quite a colourful past and will be ineligable for the VWP.
He has a bit of a problem with alcohol for quite a few years and needless to say, he managed to get himself into a fair bit of trouble. He has now been sober for almost 10 years and has managed to completely behave himself in that time.
In terms of criminal history check, does he need to get the 'name only' or 'name and finger prints' search ? He has history in Tasmania and here in QLD. Does he need to make application for history checks in both states?
All fines have been paid and he's never been to jail.
Once he obtains that, does he then make application to the US consulate and then just wait for his apppointment.


He has been charged with various different things in the past but nothing in at least 8+ years
In all honestly, what do you think his chances are ?

I personally think he will be fine. Obtain a national police check from the AFP and that covers all states. A name only certificate should be fine, although you may like to get the fingerprint one too, just in case.. I have a checkered past dating back 10 and 20 years, a my visa was approved for 1 year. I am in the process of waiting on approval for my second one. I would get all the paperwork before making the interview, that way there is no delay as your application doesn't get formally started until all official paperwork has been received..... be prepared to wait close to 7 months if he is offered the visa waiver.... my timeline was interview the 12 Feb, approval came through around the end of September.... Good luck!

PS There is another good thread on a british forum site called British ex pats...amongst the regular contributors is a grumpy man by the name of ian, who is amazing and has a wealth of knowledge.... Google search it, well worth a read.... The statistics show that 95% people who get recommended for a waiver will get it...

 

[HarryB]

I'm not sure anyone has posted this but the wording on the application has changed with regards to criminal offences. I recently completed an ESTA for a trip to the US in July and the questions now read;


1. HAVE YOU EVER BEEN ARRESTED OR CONVICTED FOR A CRIME THAT RESULTED IN SERIOUS DAMAGE TO PROPERTY, OR SERIOUS HARM TO ANOTHER PERSON OR GOVERNMENT AUTHORITY?
2. HAVE YOU EVER VIOLATED ANY LAW RELATED TO POSSESSING, USING, OR DISTRIBUTING ILLEGAL DRUGS?
3. DO YOU SEEK TO ENGAGE IN OR HAVE YOU EVER ENGAGED IN TERRORIST ACTIVITIES, ESPIONAGE, SABOTAGE, OR GENOCIDE?
4. HAVE YOU EVER COMMITTED FRAUD OR MISREPRESENTED YOURSELF OR OTHERS TO OBTAIN, OR ASSIST OTHERS TO OBTAIN, A VISA OR ENTRY INTO THE UNITED STATES?


The rest are not related to criminal activity. The wording of these now, to me at least, opens up the possibility that a range of criminal offences are now not considered bothersome to the US authorities. For example, you could have stolen a car and assuming it wasn't a violent car jacking you can confidently answer no to all questions. The same with a lot of white collar crimes. Seems an odd change but will be helpful to some of those wondering if they need to go through the process of obtaining their visa by interview.

 

[cazz0069]

Nice to see they got rid of the `moral turpitude` reference

 

[coochiechic]

I personally think he will be fine. Obtain a national police check from the AFP and that covers all states. A name only certificate should be fine, although you may like to get the fingerprint one too, just in case.. I have a checkered past dating back 10 and 20 years, a my visa was approved for 1 year. I am in the process of waiting on approval for my second one. I would get all the paperwork before making the interview, that way there is no delay as your application doesn't get formally started until all official paperwork has been received..... be prepared to wait close to 7 months if he is offered the visa waiver.... my timeline was interview the 12 Feb, approval came through around the end of September.... Good luck!

PS There is another good thread on a british forum site called British ex pats...amongst the regular contributors is a grumpy man by the name of ian, who is amazing and has a wealth of knowledge.... Google search it, well worth a read.... The statistics show that 95% people who get recommended for a waiver will get it...

Thank you so so sooooo much for your reply. The entire process is really quite daunting but I am so determined that we will get there.

 

[Flashback]

I'm not sure anyone has posted this but the wording on the application has changed with regards to criminal offences. I recently completed an ESTA for a trip to the US in July and the questions now read;


1. HAVE YOU EVER BEEN ARRESTED OR CONVICTED FOR A CRIME THAT RESULTED IN SERIOUS DAMAGE TO PROPERTY, OR SERIOUS HARM TO ANOTHER PERSON OR GOVERNMENT AUTHORITY?
2. HAVE YOU EVER VIOLATED ANY LAW RELATED TO POSSESSING, USING, OR DISTRIBUTING ILLEGAL DRUGS?
3. DO YOU SEEK TO ENGAGE IN OR HAVE YOU EVER ENGAGED IN TERRORIST ACTIVITIES, ESPIONAGE, SABOTAGE, OR GENOCIDE?
4. HAVE YOU EVER COMMITTED FRAUD OR MISREPRESENTED YOURSELF OR OTHERS TO OBTAIN, OR ASSIST OTHERS TO OBTAIN, A VISA OR ENTRY INTO THE UNITED STATES?


The rest are not related to criminal activity. The wording of these now, to me at least, opens up the possibility that a range of criminal offences are now not considered bothersome to the US authorities. For example, you could have stolen a car and assuming it wasn't a violent car jacking you can confidently answer no to all questions. The same with a lot of white collar crimes. Seems an odd change but will be helpful to some of those wondering if they need to go through the process of obtaining their visa by interview.

Nice to see they got rid of the `moral turpitude` reference

That change was quite some time ago now, mid last year or there about. If I could be bothered going back through the thread to find where it was noted I'd link the post, but I can't be bothered! Note that if you read the more detailed help/guide, it does still reference moral turpitude.

 

[Julesmac]

That change was quite some time ago now, mid last year or there about. If I could be bothered going back through the thread to find where it was noted I'd link the post, but I can't be bothered! Note that if you read the more detailed help/guide, it does still reference moral turpitude.

I'm wondering how dopey they think people are - who the heck would answer Q3 in the affirmative???? (well I know crims can often be dopey, but you get what I mean)