Criminal record and obtaining a US visa

[dfcatch]

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)

It's more about them having a legal basis to deport you.

Ie. They don't have to prosecute you for an actual terrorism act - they just deport you on the basis that you lied on your admission forms.

 

[matthewgoodyear]

[FONT=&quot]Yes, i know this is an oft asked question and i know i will need to contact an embassu which i will do eventually..but i know tha takes time.[/FONT]
[FONT=&quot]In 1996 i went through a bad time. Brother died, girlfriend broke up..all within day. Doesnt matter, bad things happen.
Met a girl on the internet, ran up a 3k phone bill. My friend came to me one day with some credit card numbers. Still have no idea even now how he go them..but the police said they didnt belong to actual people. so we did some silly stuff like order lots of take out and then we got busted. I was a chicken so i applied for passport using my step dads last name as i had ID in that name. Took off to the US for a number of month to see this girl. lost my passport and got an emergency travel document in new york so i could come home. i wasnt deported or anything.[/FONT]
[FONT=&quot]When i came home i went to the police and said what i had done. i had woken up to myself and realise what a stupid thing i had been doing. So i got arrested and they didnt charge with me breaking bail which i was lucky![/FONT]
[FONT=&quot]so they charged me with a couple credit card offences and also for applying for a passport not in my name.
i got a culmative term of 18 months and 5 months. There may have been a fine, but its so long ago i cant even remember. minimum sentence was 14 months.
I had never done anything wrong before then, not even a parking ticket. the only thing ive done since then was got a fine recently for parking near a school crossing.
so its been nearly 21 years.
Ive worked for AusPost since 2002 and when i signed up there this did come up abd i gave them a letter stating what i did, why i did it and who i am today and what my future holds. they like it and i was all good.
I am slo a second year teaching student. Education department has said my record wont affect me there.[/FONT]
[FONT=&quot]So i am of good character, have been for 20 years and will be for another 60 years ( im 41 this year ) until i die.[/FONT]
[FONT=&quot]Im planning on going to Fiji next year to do a teaching prac. But i would also like to go to Oregon in the USA for a couple weeks to stay with a friend.[/FONT]
[FONT=&quot]Given the length of time and my character, do people think there is any chance the US Embassy would grant me an entry visa of some kind? I understand i wouldnt get the 90 day waiver and i have no intention of even thinking about lying.[/FONT]
[FONT=&quot]The person i was two decades ago ..theres nothing really left of that person except some faint memories.
the only reason i ever talk about it with people is to point out that doing cough like that might seem fun..but there is joy or honor in it. im a good person.[/FONT]

 

[Melburnian1]

matthewgoodyear, have a look at HarryB's contribution about 10 posts above ours.

Question 4 - about 'misrepresenting' yourself - may give you some difficulty.

If I was you I would explain how you dobbed yourself in to Australian police, as that shows that you have a conscience.

Hopefully the interviewing officer will realise that with the effluxion of time, you are not in the category of those likely to reoffend.

Also try to spell everything correctly in your application. This makes it easier for the reader and yourself. Ask a friend to assist with preparation if that is a problematic area for you.

Not sure if references from others would assist.

 

[matthewgoodyear]

matthewgoodyear, have a look at HarryB's contribution about 10 posts above ours.

Question 4 - about 'misrepresenting' yourself - may give you some difficulty.

If I was you I would explain how you dobbed yourself in to Australian police, as that shows that you have a conscience.

Hopefully the interviewing officer will realise that with the effluxion of time, you are not in the category of those likely to reoffend.

Also try to spell everything correctly in your application. This makes it easier for the reader and yourself. Ask a friend to assist with preparation if that is a problematic area for you.

Not sure if references from others would assist.

thanks.
My spelling is usually fine. I usually dont write when ive just woken You are right thought, i should pay more attention to my spelling. I can get lazy at times and should use the spell check lol.

As for point 4. Yes, that will be the PITA. My charges dont list anything to do with the USA in it. i was never in trouble in the USA, i never used my name in the USA. In fact the only way they would know i used that passport for the USA would be if i told them as my convictions make no mention of international travel.

So would it be a case of dont ask, dont tell.. but that still feels wrong.
Even if they dont know or wont figure it out, i still feel i should always do the right thing and just volunteer information.
Its been so long ago now that i barely even remember being there. except that i hated the plane flight. I have to go to meet the girlfriends parents . the things we do eh

 

[Cynicor]

Most countries ask if you have "ever visited under a different name". I haven't done an ESTA in a while so don't know if this is still routine on that, but I assume Visa forms would ask this. It's a basic question. Shouldn't hold you up, however, as you didn't commit a crime there under that name, and would have no record in AU under that name (I assume).
Good luck.

 

[matthewgoodyear]

Im thinking still about going to to the US next year.


I spoke to my friend who lives in Oregon. She wants to spend two weeks in Fiji with me around April and then take me to the USA to her home for a few months.


Funds are not an issue. At work we will be made redundant in January which will give me a nice payout. Im also a full time student via distance and i know i can get OS-Help if i needed. SO i will have money.


She has also said that i will be able to stay at her house the tnire time which her parents own outirght and she doesnt have to pay rent on. So accomodation and fund wouldnt be an issue. I will still be enrolled in and Studying my degree via Distance from UNE whilst im away and need to come home for Pracs and things. So there is no fear of me trying to work or over staying.


Would these things work in my favour in an interview?
By the time i needed to go to the USA my convictions for fraud will be 19 years old. Im guessing the passport charge will be a sticking point, but i will just have to convince the staff that it was a long time ago and everything has been right for two decades.


Maybe i should get my friend..yes ts a romantic thing....to write a letter stating she is willing to house me. or something like that.

[FONT=&quot]Im just trying to get as many ideas as i can before i apply to go to the embassy which im going to do really soon[/FONT]

 

[trungiez]

Hello All,

Thinking about a holiday to the USA soon but will need to apply for a visa because of some offences I have in the past.

1996 - charged with malicious wounding after a school fight (2 years good behaviour bond which I've served and completed)

2005 - charged with assault (case was dropped because prosecutor had insufficient evident)

I'm currently requesting an AFP police check before applying for the DS-160 application but have a query on the question below and hoping someone can help?

2.3 Purpose of check
Purpose Type: I'm guessing this should be Commonwealth Employment / Purpose ?
Purpose of Check: I'm not sure if this should be 33. Immigration/Citizenship or 35. Overseas Employment/Visa (as this option changes the released offences field below)
Release Offences: If 33. is selected this shows All Offences - If 35. is selected this shows Unspent Offences

Hopefully someone can help?

Thanks.

 

[Ash Jamez]

Hi guys,

I've read this entire forum and many others and the general concensus is to tell the truth about your crime, even though I know people who tick no with a criminal record, on the ESTA and get in every time.

My question is, those people I know who lied and got in, how did they do this? I've heard the ESTA system does an auto criminal check, shouldn't they have been denied instantly? And what of all this talk about being denied at the port of entry? One person has been repeatedly caught with possession and intent to sell marijuan_, the other stole multiple times from stores and committed fraud, stealing $3500 from my bank account, he recently uploaded pics of meet and great with Britney Spears in Vegas and I KNOW he did NOT do the right thing and go to the consulate for the long haul truthful process, he is and always will be a con artist.

I don't understand how the system can and can't catch certain people, the whole thing confuses me.

I was found guilty of theft by deception (took out phone plans for me and my friend, didn't pay the bills, I was employed at this telco company at the time). I just don't see the DHS approving me as it was done 4 times but sentenced once (I was very naive and stupid and trying to "buy" friendships), I was sentenced without conviction in 2012 and did my community hours.

What are the chances of going to the consulate, being honest, showing them my police record (which will show nothing), explaining that I've changed my ways and being approved? I did Europe this year and would love to see the USA.

Should I just write it off as a never to be seen place for me? It all seems so futile

 

[serfty]

Welcome to AFF.

I would suggest you could apply for a visa - tell the truth in the interview and then be subject to the decision of the US area responsible. It seems from anecdotes, after 5 years you chances are better.

Those who do not tell the truth and 'get in' almost certainly have a 'spent conviction' or similar circumstance. That takes up to 10 years and such does not exist by regulation in Vic (although, there is an informal process there).

 

[cove]

It was still a 6 month wait for our staff member who l believe had an issue with the law when he was 18 and he is now 35. He qualified for a training visit to the US but was unable to get a visa issued in time despite our support for his application. He can now attend the next training.

 

[Ash Jamez]

Thanks Serfty, I'm definitely doing it the truthful way, I just haven't seen (maybe I missed them) anybody with similar deceitful theft charges being granted a holiday visa. Do you and others on here with experience think it's a possibility? It's a lot of planning, time, money and embarrassment with friends just to be rejected. I think at the moment I'm over the 5 years since charged and just under the 5 years since completing the community based order, however with no conviction recorded maybe I can still apply?

This ex friend of mine is 1 year younger than me (the one who went to Vegas/ LA etc) so under VIC law don't all his charges get disclosed as it wouldn't have been 10 years since?

With the family friend, I agree, her convictions would be spent, she's in her late 40's and doesn't look like she'd hurt a fly and she just ticks no and gets in, however, I also thought the USA had access to EVERYTHING, from charges, findings of guilt, convictions etc, not just "unspent convictions".

I can't believe I'm saying this but I hope my police check comes back showing all my charges and outcomes as I've heard the embassy/ DHS giving people a hard time when handing them an empty record (spent/ expunged record) and making people jump through hoops to provide them with court documents.

My plan is to not even do the ESTA, book at Melb embassy for an interview with my police record, letter of offer from my employer I'm currently working at, Uni enrolment, letter from GP etc.

Would all the stamps from the UK, European countries that I travelled to this year also help to show I'm not going to run around taking out phone plans in every country? (Oh my god that sentence lol).

 

[UP4014]

You should apply for the visa and tell no one you're coming and make no bookings.

Ticking the wrong box could get you tunred back then there are many other countries that ask if you have ever been refused entry. While not getting a visa might be "refused entry" better to know up front as then the airline will have you marked up as well for having to bring you back.

Matt

 

[Ash Jamez]

Thanks Matt

I guess my main concern is, if it's all even worth the trouble. I've gone through this forum as much as I can but can't seem to see any similar charges as mine (mostly assault/ drugs/ DUI's).

Is the whole process even worth the time/ money and mental stress? Surely DHS would/ should have a list of crimes in a "Don't even bother ever applying to enter the US" section on their appropriate websites to not only help applicants (we know they don't care about us, obviously) but to reduce their backlog of pointless applications.

My offence had several charges but one sentence (no conviction recorded, community hours at Salvation Army), can you or anybody shed some light on if I should even bother?

Cheers. Ash

 

[Quickstatus]

My plan is to not even do the ESTA, book at Melb embassy for an interview with my police record, letter of offer from my employer I'm currently working at, Uni enrolment, letter from GP etc.

Definitely DO NOT do an ESTA. If your ESTA gets rejected your problems will escalate regarding entry visas to the USA. Once an ESTA is rejected it will be on your profile everytime you want to enter the USA. There is no way of EVER erasing an ESTA rejection even it was a mistake by the USA side.

 

[Ash Jamez]

Wasn't going to do an ESTA, there's no way I could handle the anxiety on the long flight with the possibly of being turned back and loosing all that money.

On the subject of ESTA's though, this always baffles me. I know several people with criminal records, one persons is spent, 2 others I know aren't as it hasn't been 10 years (in VIC it's apparently public until 10 years pass, then it becomes spent). They've all recently been to the USA by ticking NO on the ESTA form and brag about it all the time!

So if the USA has automatic Australian criminal history information as one arrives at the customs desk and it pops up on their screen when scanning Aus passports like some Facebook notification, how do people still get in? I know 3 people myself who always do it and read about it online all the time.

It really pi*ses me off that I have to do the honest, gruelling, expensive and time consuming process while others just fly in and out on ESTA's without a hassle.

Then comes the question as to why do WE have to provide police checks/ court records at the consulate interview IF the DHS have all our criminal records on a database anyway? Which then leads me to believe, they don't.

The family friend who has past marijuan_ possession/ intent to sell charges says that "apparently" the DHS have a limited daily amount of "checks" they can do on Aussies entering and that there is no such thing as an auto pop up when scanning your passport that sends any alerts to customs officers and that it has to be done manually by calling the AFP. She also said that if they did call the AFP that by law the AFP will NOT give out any information regarding SPENT convictions.

So I have a theory:
When you tick NO on the ESTA form, the ESTA system does a check and pings with an AFP system that will only reply any UNSPENT convictions, hence why the DHS place so much emphasis on YOU disclosing, ARRESTS/ CHARGES/ FINDINGS OF GUILT etc because the AFP will only send back CONVICTION records.

On Homeland security or whatever that show is called, people who are busted have either slipped up (applied for visa disclosing past convictions in say 1998 and then applied for ESTA in 2015 and ticked NO, forgetting they already told DHS in 1998), or been so unlucky to be picked out and DHS called the AFP and they had active UNSPENT CONVICTIONS. And of course the show won't say this because they and DHS want everybody overseas to believe the USA is a super power that overrides all other countries privacy laws of disclosing spent/ expunged/ childhood convictions, charges and cautions.

It's obvious this isn't the case otherwise why do they ASK if they already KNOW?

It's all well and good to say "but you're entering their country it's up to the US who comes in" and yes that's true BUT the crime was committed in AUS, it is therefore up to AUS who they disclose it to and according to the privacy act, SPENT convictions are NEVER disclosed.

I just wanted to get that rant off my chest as there is a lot of scare mongering in this and other forums and I'm pretty sure I'm very close to correct in my theory of how it all works as there is living proof of people getting in to USA with "No conviction recorded/ SPENT convictions".

However, this is still just a theory and my fear of the law, flying in general, loosing money and being dishonest (what go my punished in the first place) will override this theory and I'll be going to the Melbourne embassy to do this long winded process of providing the DHS with information they supposedly ALREADY HAVE just to say I'm not a dishonest person and that I did it the right way.

Last thing I find funny about all of this is that even after doing the long winded "Honest" process, if you're given an approved VISA after waiting months, you can STILL be sent back home at the port of entry!!!!

No wonder so many people lie, actually writing this is making me wonder why I even want to visit the country.

 

[Quickstatus]

I feel your pain Ash Jamez and hope you can get a visa to visit the USA. Hey your "rant" is actually quite informative. Good luck with your Visa and thanks for contributing!!!.

Looking forward to your first trip report to this great country.!!

 

[MEL_Traveller]

Do we know for certain the USA has access to Australian criminal records? I didn't think they did?

 

[CaptJCool]

It's entirely unlikely offshore records are available in USA.
Short answer; by asking and saying no and getting approval pretty much infers they don't know
AFP would hold commonwealth offences. Whether they hold all State-based convictions is a moot point

BESIDE moral turpitude means what ?

i do like this view which probably been posted before but this is a long thread
https://en.m.wikipedia.org/wiki/Moral_turpitude

some criminal offences in Australia aren't inside the US Defintion.

 

[serfty]

The I94W / ESTA no longer directly refers to "Moral Turpitude".

 

[CaptJCool]

The US modernised lol thanks Serfty