Criminal record and obtaining a US visa

[mishee]

Im starting to get concerned. i had a disorderly last year which i was granted a spent conviction. At the time my duty lawyer said he wouldnt tick the yes box to criminal conviction. so i was thinking all was ok. but having done some research im starting to panic and not sure whether to go through the whole visa process as my trip is only 8 weeks away.. advice would be great.

 

[rakem]

well I had the interview today. They have sent the application away with my passport, court records and police records to the US so the visa can hopefully be issued. Should take about 30 days.

The lady who interviewed me seemed to think there wouldn't be any problem since my offence was six years ago and is a single offence.


So now I have a 30 or so day wait for my passport to come back

 

[Flashback]

How serious was the drink driving? Jail sentence?

If not then I would not worry about declaring drink driving charges, even if you were arrested, where all that has happened is licence suspension and a fine. I was told by US immigration in 2007 not to answer "Yes" to that question anytime I enter the USA in the future.

Yeh, if you have a look on their website there is a question in reference to DUI charges:
Embassy of the United States - Visa Waiver Program

Q: I had a drink driving charge. Do I need a visa?

A: ESTA will assess your eligibility for travel to the United States under the Visa Waiver Program. The assessment includes questions regarding previous arrests and/or convictions. However, a conviction for Driving under the Influence is not considered a crime of moral turpitude with regard to the Visa Waiver Program. If you choose to apply for electronic travel authorization via ESTA, the system will advise you whether you must visit a U.S. Embassy or Consulate to apply for a visa. For further details on ESTA and to see if you are eligible for the VWP please refer to the ESTA website.

 

[mishee]

well i have my interview on thursday. but i called the AFP and asked if i had to disclose the fact that i had a conviction because it is spent and their reply was i didnt need to answer yes to that question as legally they would not disclose that to the US customs as it comes under the spent conviction scheme.. when i called the US embassy they told me yes i did, but of course they would say that as they want to know everything, i wish someone had told me that before i said yes. So if your conviction is spent in my opinion i would answer no to criminal conviction... ill let you know what happens at the interview on thursday.

 

[Dave Noble]

well i have my interview on thursday. but i called the AFP and asked if i had to disclose the fact that i had a conviction because it is spent and their reply was i didnt need to answer yes to that question as legally they would not disclose that to the US customs as it comes under the spent conviction scheme.. when i called the US embassy they told me yes i did, but of course they would say that as they want to know everything, i wish someone had told me that before i said yes. So if your conviction is spent in my opinion i would answer no to criminal conviction... ill let you know what happens at the interview on thursday.

Of the 2 calls, the one that is the most relevent is that with the US Consulate. It is the US that determines what needs to be disclosed to the US , not the AFP

Answering yes, was the correct thing to do

Dave

 

[serfty]

well i have my interview on thursday ...

Since you are already spending $168+ on an interview it is in your interest to be truthful with them.

For a conviction to be spent implies it did not involve a lengthy jail term, it happened some time ago, it was not of a sexual nature and you have not been in trouble since.

From posts here it seems your application would generally be refused as a matter of course, but the interviewer can put in a request for a waiver, which in the circumstances you indicate are generally approved.

 

[mishee]

i hear what your saying however if you look on the form for obtaining your criminal record from the AFP it ask for a code and they have a code for obtaining your record for travel visas and also states what is released when obtaining your criminal record for travel visa and states it releases "unspent convictions" so if its spent then its not released on your record. Mine was spent at the time of the conviction due to it being out of my character and never having been in any trouble before and i had a number of very good character references so the magistrate granted it spent. It was just a disorderly, very minor. but i have started this process now and will be upfront with them and hopefully due to it being spent they will allow the visa, and hopefully honesty will win out in the end.

 

[mishee]

ok just finished at the embassy... and i will have my visa within a couple of days. Since my conviction is spent and not what they call "moral turpitude" then i could have ticked no to the conviction question.. mine was for disorderly in a public place and he said they do not consider that moral turpitude. that obtains to crimes of violance, also DUI's etc. so i paid the extra $30 and obtained a 5 year visa which will be in the mail to me either tomorrow or early next week.. everything has ended well i hope this information helps anyone else out who has a similar story. but im glad i did the right thing and followed the process for peace of mind.

 

[Maca44]

ok just finished at the embassy... and i will have my visa within a couple of days. Since my conviction is spent and not what they call "moral turpitude" then i could have ticked no to the conviction question.. mine was for disorderly in a public place and he said they do not consider that moral turpitude. that obtains to crimes of violance, also DUI's etc. so i paid the extra $30 and obtained a 5 year visa which will be in the mail to me either tomorrow or early next week.. everything has ended well i hope this information helps anyone else out who has a similar story. but im glad i did the right thing and followed the process for peace of mind.

Congrats. When you now go to the US customs & immigration you can smile for the right reasons. It is simply not worth taking a risk. The USA is not interested in laws of other countries, only what they want to know which is why I sometimes question some of the threads on this forum where OP's ask what they should do under this and that etc. You went through the correct channels, and now have a great start to your trip.

 

[Flashback]

ok just finished at the embassy... and i will have my visa within a couple of days. Since my conviction is spent and not what they call "moral turpitude" then i could have ticked no to the conviction question.. mine was for disorderly in a public place and he said they do not consider that moral turpitude. that obtains to crimes of violance, also DUI's etc. so i paid the extra $30 and obtained a 5 year visa which will be in the mail to me either tomorrow or early next week.. everything has ended well i hope this information helps anyone else out who has a similar story. but im glad i did the right thing and followed the process for peace of mind.

I don't quite understand why you've said that a DUI is considered a crime of moral turpitude. Refer to http://www.frequentflyer.com.au/com...ord-obtaining-us-visa-15468-7.html#post340771 - it shows a link to the FAQ on the US Embassy site stating that DUI is not a crime of moral turpitude?

 

[mishee]

I don't quite understand why you've said that a DUI is considered a crime of moral turpitude. Refer to - it shows a link to the FAQ on the US Embassy site stating that DUI is not a crime of moral turpitude?

ok i dont know if DUI is moral turpitude but they were concerned if i had any DUI's which i dont, so thats why i thought they must take those into account. Disorderlys not involving violance they dont seem to care about especially if they are spent convictions. Anyway im very happy my flight over will now be stress free

 

[Flashback]

ok i dont know if DUI is moral turpitude but they were concerned if i had any DUI's which i dont, so thats why i thought they must take those into account. Disorderlys not involving violance they dont seem to care about especially if they are spent convictions. Anyway im very happy my flight over will now be stress free

That's a bit odd then! Oh well, congratulations and enjoy your trip!

Interestingly, according to http://en.wikipedia.org/wiki/Moral_turpitude disorderly conduct isn't a crime of moral turpitude..

 

[Jamesc_williams]

well I had the interview today. They have sent the application away with my passport, court records and police records to the US so the visa can hopefully be issued. Should take about 30 days.

The lady who interviewed me seemed to think there wouldn't be any problem since my offence was six years ago and is a single offence.


So now I have a 30 or so day wait for my passport to come back

Rakeem finally got my passport with 12 month visa. Took a day over 6 weeks so hopefully yours will arrive soon.

regards

 

[rakem]

Rakeem finally got my passport with 12 month visa. Took a day over 6 weeks so hopefully yours will arrive soon.

regards

Congrats! Its been 1 month and 2 days since I was there.... the suspense is killing me

 

[rakem]

Got my passport back today, with a valid visa in it! hoooray!!!!


Took about 35 days all up i think​

 

[Ineedaholiday]

Hi all,
very informative thread thanks.
If anybody could offer some advice/insight here it would be much appreciated.
My friend has a criminal record from 20 years ago and he ticked yes to question B on the VWP form.

He had his consulate interview today and they have of course rejected the application and now say they will give further consideration if he obtains a police certificate which is pretty easy and he is going to get 2 versions, the one for the visa application that will show nothing and the personal use one that will show all his convictions(we think)

They have also ticked the further consideration will be given if you obtain court records of the conviction you have described which wont be as easy as the offences were in 1989 and unless he has the exact dates ( which he is hoping will be on his personal police check) then they will be hard to find,if they even exist anymore.

If the dates don't show on the personal records and they cant find the court records,will the courts supply a statement? Or would the personal police check suffice?

Has anybody here had any experience in this kind of matter?

Oh and they kept his passport and a few other documents which I am told is a good sign.The police check will take up to 2 weeks to come back and then the search for the court records will begin,how long will they hold on to his passport and wait for the other information before sending it back?

Thanks in advance

 

[mleh]

Hi all,
very informative thread thanks.
If anybody could offer some advice/insight here it would be much appreciated.
My friend has a criminal record from 20 years ago and he ticked yes to question B on the VWP form.

He had his consulate interview today and they have of course rejected the application and now say they will give further consideration if he obtains a police certificate which is pretty easy and he is going to get 2 versions, the one for the visa application that will show nothing and the personal use one that will show all his convictions(we think)

They have also ticked the further consideration will be given if you obtain court records of the conviction you have described which wont be as easy as the offences were in 1989 and unless he has the exact dates ( which he is hoping will be on his personal police check) then they will be hard to find,if they even exist anymore.

If the dates don't show on the personal records and they cant find the court records,will the courts supply a statement? Or would the personal police check suffice?

Has anybody here had any experience in this kind of matter?

Oh and they kept his passport and a few other documents which I am told is a good sign.The police check will take up to 2 weeks to come back and then the search for the court records will begin,how long will they hold on to his passport and wait for the other information before sending it back?

Thanks in advance

I actually just rang the court houses that I was heard at, and they offered to send me information regarding the outcome of the cases.
Basically I got a paper in the mail that said "Advice of court result" all I asked for on the phone was just a letter to give more details about what happened when I was there. All I had to tell them was my first and last name, and and approximately the month in which I was there of what year.
I did come across one person who said "They are in the archives and we are unable to view them now" - but then someone else was able to help me, so it just depends on who you get, and what mood they are in! Hope this helps.

 

[Ineedaholiday]

Yes it does thankyou very much

 

[mleh]

I am new here, and I am really stressing out at the moment.
I am wondering a few things, and I haven't been able to find the answers by doing my own research, or I get answers that contradict other answers I've read. So I'm wondering if anyone has any personal experience in this matter if they could help me out, and give me some feedback. I've read this thread, and it's been very insightful, thank you for all the input.

My good behaviour bond finishes in just a few weeks, and I am wondering is it too soon to apply for a visa to USA? I was hoping to apply once my GBB was up because I've been waiting for every day to go by, but I am afraid I will be denied if it is too soon. However the 2 moral turpitudes relating to fraud that I have been convicted for happened in 2007, but I wasn't charged until early 2008 and early 2009.

I wasn't arrested for either of those, and I didn't do any jail time. I already have my $175 National Police Certificate, along with Advice of Court hearings, and the very first court papers I was handed when I had to go. I have already paid for my Visa application fee which expires really soon, so I wanted to apply so I don't lose out on that $157 I spent on the application fee. (Also the receipt is fading too).

Does anyone have any feedback or ideas? What happens if I get denied? What else can you do? I am really worried. Thank you in advance for any help or input.

 

[mh70]

Hi well wow what a thread or 100 , seems to be a lot of confusion , I have put off the whole process for so long because of this but now I want to travel to the USA.

Unfortunately I have a conviction from 10 years ago , what paper work do I need to collect to go to the consulate , does every state have a consulate of only Sydney and ACT.

Thanks in advance , Matt