Criminal record and obtaining a US visa

[Buzzard]

A friend of mine was in a similar situation where he did something 30+ years ago (over 40 years ago now).
He wanted to visit his sister who is an expat in the US and thought it best to "come clean".
The visa process took him about 6 months but he now travels regularly to the US without any worries.
I'm told that whilst the process was frustrating it was worth it in the end.

 

[Clive005]

I'm applying for a Visa to visit the USA I have started filling in the DS-160 online which is a bit of a nightmare, I'm trying to work out what AFP history I need to apply for, and were do you get this information from, do they request it after submitting the DS-160?

Thanks for any help
Clive

 

[trungiez]

I'm trying to work out what AFP history I need to apply for, and were do you get this information from, do they request it after submitting the DS-160?

I've just recently gone through this process and its's best to get your police check first, then write your answers on the DS-160 based on whats recorded.

You can order the National Police check by filling out the online form on the AFP website. For purpose of check (purpose type) section, I selected Commonwealth employment / purpose. For Purpose of check, I selected 33 which shows all offences.

Good luck.

 

[Clive005]

Thanks trungiez, I have done that and will apply for court records when I get this and fill out the DS-160. the offence would be 20 years old and have been a good boy since so hope I don't have any problem's. Have you had your interview? Its a bit of a kick in the guts, I was planning a dream family holiday when I realised I might have a problem,

 

[trungiez]

Yes it is a bit sad that no matter how long it been, you'll still need to go through this process.

I was lucky as I had my interview recently and visa was granted on the spot. Because I was a minor (16 or 17) at the time, the interviewer was able to grant me my visa.

Was also allowed to pay a little extra for a 5 years multi entry.

If I knew, I wouldnt have held off for so long to get a visa to the US.

 

[Quickstatus]

Hi trungiez,
For the benefit of those who might have to go through the hoops you went through can you outline the what you had to do?

 

[trungiez]

1. Apply for a national police check on the AFP website ($42 as of Sept. 2016)
- For purpose of check (purpose type) section, I selected Commonwealth employment / purpose.
- For Purpose of check, I selected 33 which shows all offences.
- Wait for your police check to arrived

2. Fill out your DS-160 and answer the question about past arrest based on the police check.

3. Go to and create an account on - http://www.ustraveldocs.com/au/ (visa fee payment and schedule interview date/time)
- Fill out the details, add your DS-160 reference number, pay the non-refundable visa fee ($224 as of Sept. 2016 - 1 year multi entry), pick a date and time for interview.

4. On the day, remember to bring with you to the interview;
- A print out of the DS-160 confirmation page (emailed to you after completing the form)
- A print out of the visa appointment confirmation (should have a barcode with the DS-160 reference and visa fee payment, emailed after you paid and booked the interview)
- You passport + a current passport photo
- A copy of your passport bio page
- National police check paper
- You cannot bring anything up there besides your documents, they will take everything off you and return it when you come back down.
- Turn up no earlier than 15 minutes and follow their instructions and you should be fine

** I was asked if I'd like to pay an extra $25USD (i think, converted to $32AUD) for a 5 years multi entry, i accepted. They were asking other people as well.

 

[MrsMC]

I know everyone is different, but just curious if anyone has a current timeline.

Currently sitting at 33weeks since interview and still waiting.

 

[LID584]

Hi Everyone,

I attended my interview for B1/B2 visa on 31st August 2016, this was knocked back due to a 10 year old criminal record so I was then put forward by the officer for a visa ineligibility waiver and told this could take 5-6 months to come through. I had done a lot of research and was expecting all of this so had all the required documents and timings would have been fine as I was not planning on leaving Australia to travel until mid April 2017 and not actually arriving in the US until September 2017.

Since then my plans have changed and I will actually be leaving Australia at the beginning of March 2017. This now gives me 6 months exactly between interview and departure date and I can see that some people are experiencing longer wait times at the moment. My travel plans mean that I still won't actually be arriving in the US until September 2017 but as I will no longer be in Australia to send my passport for visa issuance I was wondering if anyone else had come across a similar issue. Would it be possible for me to go to a US embassy in another country to have the visa issued, once it has been process and approved?

Any advice or info would be greatly appreciated!

Thanks in advance.

 

[cazz0069]

My first visa took just on 7 months from woe to go, however, my 2nd visa, from what I can gather is no different in relation to getting pushed through the queue.... only took 4 months... my interview was 23rd December last year, and I got my 5 year approval on the 16th April... I was blown away at how quick it was... Good luck

 

[Quickstatus]

Hi Everyone,

I attended my interview for B1/B2 visa on 31st August 2016, this was knocked back due to a 10 year old criminal record so I was then put forward by the officer for a visa ineligibility waiver and told this could take 5-6 months to come through. I had done a lot of research and was expecting all of this so had all the required documents and timings would have been fine as I was not planning on leaving Australia to travel until mid April 2017 and not actually arriving in the US until September 2017.

Since then my plans have changed and I will actually be leaving Australia at the beginning of March 2017. This now gives me 6 months exactly between interview and departure date and I can see that some people are experiencing longer wait times at the moment. My travel plans mean that I still won't actually be arriving in the US until September 2017 but as I will no longer be in Australia to send my passport for visa issuance I was wondering if anyone else had come across a similar issue. Would it be possible for me to go to a US embassy in another country to have the visa issued, once it has been process and approved?

Any advice or info would be greatly appreciated!

Thanks in advance.

You could ask the consulate/embassy to enquire very politely. however the time it takes for visa issuance is the time it takes. It cannot be expedited. The embassy explicitly say don't make travel plans until you get the passport back.
When dealing with US re visas etc it's important to not rock the boat.

Even if it's possible,they will never guarantee that visa will be available when you are OS and about to go to the USA.

Dont make it difficult for them and you especially for the first visa

 

[docjames]

@LID584

You could always buy a return from wherever you are back to Aus then back to destination to resume your travels in order to present to embassy and passport.

Your challenge then will be if the visa doesnt come through by the time your US arrival is due there will be some major changes.

 

[LID584]

Hi Everyone,

Just thought I would give you all an update as I have some good news, which there isn't always a lot of!

I got my email back today saying my visa has been approved and asking me to send in my passport for issuance! All up I am just under 4 months since my interview! Such a relief to know I will have the visa in my passport long before I leave.

Good luck to everyone still waiting

 

[docjames]

Hi Everyone,

Just thought I would give you all an update as I have some good news, which there isn't always a lot of!

I got my email back today saying my visa has been approved and asking me to send in my passport for issuance! All up I am just under 4 months since my interview! Such a relief to know I will have the visa in my passport long before I leave.

Good luck to everyone still waiting

Congrats and thanks for coming back to post - always good to hear a successful outcome!

 

[MrsMC]

WOW that's awesome LID584.......we are currently sitting at 38 weeks and still waiting!!!!

Wondering if it's worth following up with an email or just continue to wait???????????????

 

[flymetothemoon]

Hi Everyone,

Just thought I would give you all an update as I have some good news, which there isn't always a lot of!

I got my email back today saying my visa has been approved and asking me to send in my passport for issuance! All up I am just under 4 months since my interview! Such a relief to know I will have the visa in my passport long before I leave.

Good luck to everyone still waiting

How long did it take from mailing in your passport to receiving your visa in the mail?

Thanks

 

[STE]

Just wanted to share my experiences in the last few weeks.

After reading the last 100 pages on this forum, and on plenty of other forums, my decision to visit the USA for my honeymoon this year was quite daunting. 21 years ago in my foolish youth i was arrested for a very small amount of cannabis. I wasn't convicted, however i did receive a 12 month behaviour bond after pleading guilty. I do regret my actions but i totally accept that i have to now deal with the consequences.

I skipped the ESTA waiver and after applying for the correct police checks, a letter from my employer, a polished new CV with my last 18 years of work history and obtaining court records (this wasn't fun given it was 21 years ago) i filled in my ds-160 fully disclosing my run in with the law and after paying the $230 i attended an interview at the local US consulate. The immigration officer was very polite and asked me several questions about where i currently work and my occupation. I answered several other questions relating to the purpose of my visit and where we intended on staying. Several minutes later, she informed me she had decided to issue my visa today and i could expect it in 5-7 days. I walked out of the consulate quite confused, since we were fully expecting a 6-8 month wait for a "waiver of ineligibility" to be processed.

5-7 days later, my passport has been returned with a 10 year b1/b2 Visa. I'm very appreciative of the decision since i really did not want to book our flights at the very last minute.

 

[LanceW]

Just wanted to start off with saying thanks to all that have shared their experience because this thread has been the most informative in my searches on this topic.

I've recently had to turn down an offer to attend a conference in the US and wanted to know whether applying for a ds-160 in preparation of another opportunity arising is problematic? From what I've read most people applying have definite plans to travel with places to stay and visit.

 

[Quickstatus]

21 years ago in my foolish youth i was arrested for a very small amount of cannabis. I wasn't convicted, however i did receive a 12 month behaviour bond after pleading guilty. I do regret my actions but i totally accept that i have to now deal with the consequences.

.

Just be careful . If ever you are asked about your history. The fact that you plead guilty and were placed on a GBB means that you were convicted.
Border officials take a dim view of people who say they were not convicted when they were found guilty even if that was a pleading

Whether the court wishes to record that conviction is a separate issue. In your case it was recorded.

But well done on getting a proper visa.

 

[cove]

Our staff member who was unable to go to the US for training is now booked for the same training a year later as he received his approval 6 months after he applied.