Criminal record and obtaining a US visa

[LanceW]

Thanks Cove. I just didn't want to go ahead and pay for the ds-160 and necessary police certificates when there is a prerequisite for definite travel plans. Looks like I'll be going ahead with the application now.

 

[Maca44]

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.

This is probably irrelevant as STE was granted a Visa but insofar as convictions and good behaviour bonds/recognizance is concerned the Magistrates and/or Judges specifically say words to the effect "without recording a conviction, you are placed on a 12 month bond to be of good behaviour" "if you breach that bond you will be brought back before the court etc". The bond is recorded on the persons criminal history, NOT the conviction.

 

[whatmeworry]

The yanks by their definition only care that you admitted guilt.

 

[flyby]

Hey guys, I'm hoping someone could help shed some light on my situation.

I have a holiday booked to the US in 2 months, I have mistakenly left the VISA far too late.

I've applied for the ESTA and answered 'No' to all questions, except now I feel I may have answered incorrectly in regards to the question "have you ever been in violation of any law regarding possessing, using or distributing illegal drugs."

I received a Section 10 for a minor drug offense in 2012 and all charges/convictions were dropped. I have been clean of any records since.

Being the paranoid person that I am, I decided to email the US CBP/ESTA officers about my question, detailing my conviction and also giving them my ESTA application no. ( silly me )

They've responded asking for additional information including my name/dob/passport no/ESTA application no. aswell as further information about the charges and jurisdiction. Nothing more.

I've yet to respond to the email in fear of being flagged. Does anybody know if this email query alone could get me flagged at the gates??

I've already booked my trip so things aren't looking hopeful any help would be greatly appreciated.

 

[opusman]

I think it's a bit late to worry about being flagged now. Repond and give them whatever information they want.

 

[flyby]

Sorry, are you implying that they have most likely logged my question with my application? My ESTA status is still conditionally approved.

 

[opusman]

Sorry, are you implying that they have most likely logged my question with my application? My ESTA status is still conditionally approved.

You gave them your application number, why wouldn't they have logged it? Do you really want to take the chance?

 

[Hvr]

Sorry, are you implying that they have most likely logged my question with my application? My ESTA status is still conditionally approved.

Not for much longer. If you're lucky enough to be allowed to fly you'll face some serious questioning and possibly the naked walk amongst officials prior to your immediate return.

 

[wayli]

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 - (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.

New member here...

Trunglez, just wondering if you provided "criminal/court records pertaining to any arrest or conviction" as you didn't list this?

I'm in a similar situation where the offence occurred when I was 16, received a police caution for shoplifting but don't recall being provided any paperwork. I have applied to get a hold of any records but this takes up to 20 days and could be refused.

I'm willing to take the visa route to be on the safe side but there's a chance the above won't come back in time to apply for a visa. Would I still be eligible for VWP? ESTA website states "If you believe any grounds of inadmissibility of the Immigration and Nationality Act § 212(a) apply to you, you should apply for a nonimmigrant visa before traveling to the United States." However, the INA includes a minor exception which would apply in my case... is it wishful thinking to think this makes me eligible? Is shoplifting considered "serious damage to property"?

I have also declared on my eTA for Canada so I presume this would automatically flag me if I travel on VWP.

 

[Quickstatus]

IMO you should be on the safe side and get a visa.
The answers you seek would only be reliable if it were coming from the US consulate.
Even a migration lawyer won't give you a definitive answer you can rely on especially without your record
Worse - don't get the answer you don't want at LAX or whatever the port of entry is.


The take home message from this thread is really : If in doubt Get a Visa.

 

[cove]

It was certainly a pleasure to catch up with a staff member in Los Angeles who had to wait 6 months to get his visa for the US. He ended up getting the specialist training last month and did well in the course.

 

[Quickstatus]

Can you get a multi entry visa to the USA instead of vWP? For the purposes of tourism visit less than 90 days per year?

 

[Pando]

Hey guys first time posting.

I’m currently 22 years old turning 23 in September, when I was teen I did a lot of foolish things that were obviously a big wake up call and as I have matured, realised were very silly. My story pretty much is that when I was 18 I had cannabis on me which I was straight forward about with the police, I was not arrested though I was given a court date for Possess Prohibited Drug. I pleaded guilty and I walked out of court with a Non-Conviction Section 10b 12 month good behaviour bond and a small fine which I paid and subsequently did not get into anymore trouble during the bond.

Not long after, I started my job (trade) that I’m currently still doing with the same employer, nearing the end of my Apprenticeship. Have not had any more trouble with Police.

Next Year me and my partner are planning the once in a lifetime trip which includes 4 months in Europe and was planning on 1 month in the US. What do you guys think my chances are in being awarded a Visa? My bond was issued in June 2014, if that helps with anything.

Thanks in advance!

 

[Flashback]

Hey guys first time posting.

I’m currently 22 years old turning 23 in September, when I was teen I did a lot of foolish things that were obviously a big wake up call and as I have matured, realised were very silly. My story pretty much is that when I was 18 I had cannabis on me which I was straight forward about with the police, I was not arrested though I was given a court date for Possess Prohibited Drug. I walked out of court with a Non-Conviction Section 10b 12 month good behaviour bond and a small fine which I paid and subsequently did not get into anymore trouble during the bond.

Not long after, I started my job (trade) that I’m currently still doing with the same employer, nearing the end of my Apprenticeship. Have not had any more trouble with Police.

Next Year me and my partner are planning the once in a lifetime trip which includes 4 months in Europe and was planning on 1 month in the US. What do you guys think my chances are in being awarded a Visa? My bond was issued in June 2014, if that helps with anything.

Thanks in advance!

AIUI, 5 years has to have passed minimum but those in the know may end up correcting me. Based on that I'd say June next year is the earliest you can apply for a visa. Would be worth doing a bit more research on that point.

 

[UP4014]

Don't book your plane ticket until you have a visa. May be best to have your ''second' once in a lifetime trip a few years down the track when you're in your 30's.

 

[Melburnian1]

Alternatively, discard plans to visit the USA and visit Europe plus SE or NE Asia instead. You'll still see a fair swathe of the world.

 

[harvyk]

Get proper legal advice, don't rely on opinions from a group of strangers.

The issue is that any information you volunteer to the US embassy can be used against you in visa decisions, potentially for life. Getting proper legal advice might be the difference between getting a visa and being denied one.

 

[Pando]

Thanks for quick replies, its a shame there is no measure of 'feeling' when it comes to decisions like these, I'm gutted knowing how much I've changed and turned my life around to still have it hang me for some time to come by the sounds of things, but I guess they just follow a guideline.

 

[harvyk]

Thanks for quick replies, its a shame there is no measure of 'feeling' when it comes to decisions like these, I'm gutted knowing how much I've changed and turned my life around to still have it hang me for some time to come by the sounds of things, but I guess they just follow a guideline.

The US is known for having some pretty tight immi requirements. So any advice or experiences is potentally not going to cover you situation.

 

[UP4014]

Thanks for quick replies, its a shame there is no measure of 'feeling' when it comes to decisions like these, I'm gutted knowing how much I've changed and turned my life around to still have it hang me for some time to come by the sounds of things, but I guess they just follow a guideline.

Without wanting to put the thumbs screws in, it's the consequences of your own actions.

Wait out the time and apply for a visa in years to come and you'll get through no worries. While you may have turned yourself around the evidence for this is will only be looked at by the US after a period of time and then you can not only put your hand on your heart and say you're a better person but also have the 5 or more years of clean living to prove it.

Best of luck and enjoy Europe now and save the USA for next time as it is a great place to visit.