Criminal record and obtaining a US visa

[honeymooner]

Hi Lisaho,

my fiance applied for a waiver of inelegibility. It will be 8 weeks next tuesday since his interview! They said to him it usually takes around 4 weeks. I emailed them last week asking for an update and they replied that processing is taking around 8 weeks at the moment. After all this stress and waiting i really hope he actually gets a visa! Goodluck!

 

[straitman]

Has anyone recently applied for a us visa? I've Been waiting for one month and no news yet. Very nervous as my flight is 1st Jan, and didn't realize I needed a visa

Hi lisaho,

Welcome to AFF.

I would be well and truly following that up if I was you.

 

[lisaho]

Hi honey mooner thanks for that information. That makes me even more nervous now. If you don't mind was his conviction drug related? Mine is a conviction of moral turpitude for a centerlink matter

 

[lisaho]

Hi lisaho,

Welcome to AFF.

I would be well and truly following that up if I was you.

There's really no way of following up straitman there not helpful at all

 

[thewinchester]

There's really no way of following up straitman there not helpful at all

Actually, Straitman's advice is both useful and relevant.

From the US Department of State:

If your inquiry concerns a visa case in progress overseas, you should first contact the U.S. Embassy or Consulate handling your case for status information. Select U.S. Embassy or Consulate, and you can choose the Embassy or Consulate Internet site you need to contact.

So instead of making posts like that, kindly extract one's behind from one's couch, pick up one's phone, and call the embassy or consulate at which one's visa application was made.

 

[koonyaflyer]

Actually, Straitman's advice is both useful and relevant. ...

I may not be guessing the correct intent of the post by lisaho, but I think the English language and the importance of correct spelling may have changed the meaning of the response to Straitman. If the sentence was " ......no way of following up Straitman, they're not helpful at all" the meaning changes entirely.

Just putting it out there in this season of goodwill!

 

[straitman]

I may not be guessing the correct intent of the post by lisaho, but I think the English language and the importance of correct spelling may have changed the meaning of the response to Straitman. If the sentence was " ......no way of following up Straitman, they're not helpful at all" the meaning changes entirely.

Just putting it out there in this season of goodwill!

That is how I took it.

 

[lisaho]

Actually, Straitman's advice is both useful and



So instead of making posts like that, kindly extract one's behind from one's couch, pick up one's phone, and call the embassy or consulate at which one's visa application was made.

Thanks for the advise, I have contacted them via phone and emailed the consulate. The reply as of Thursday was: we cannot provide you with an exact date of visa return time as each case is assessed individually.
Hence my post on here for some further help and advice.

 

[honeymooner]

hello lisa,

his one is also moral turpitude and not drug related. Best of luck. the wait is horrible!

 

[lisaho]

hello lisa,

his one is also moral turpitude and not drug related. Best of luck. the wait is horrible!

Thanks for the info, yes wait has killed me, good luck please post when it arrives

 

[lisaho]

I had my interview yesterday with the US Consulate in Melbourne and here is how it went.

• I am 32 years old.
• I had 2 theft convictions when I was 19.
• Regardless of the conviction, they will deny you a VISA on the spot. If the interviewing officer deems it appropriate, he will send your application off to Washington with his positive recommendation which I was lucky enough to have him do for me.
• I will have to wait 5 weeks to go the final decision as the paper work needs to be sent off to Washington then back again. They will keep your passport at this stage.

• I arrived at 8.00am for a 8.15am interview.
• Security is tight and very thorough. Do not bag with you as they will not let you in.
• There is a 2 part process. At 8.15am, I got called to the counter. At this stage I handed them my passport, police report, VISA confirmation page, Australia Post Visa Application Receipt and the Express Post Platinum Bag. They took an electronic print of my finger prints. This lasted 5min. I was then told to take a seat.
• After a 2 hour wait, I then got called to a 2[SUP]nd[/SUP] counter to discuss my VISA application. This is with an American Consulate Staff Member. He asked me for my letter of employment, how much I earned, who I was travelling with (in this case my wife and kids) and where in the US I would be going (New York). This stage also lasted 5min.

I’ll let you all know in 5 weeks if it gets approved or declined. Stay tuned………………..

Have you received your visa yet? And what was the turn around time??
Very anxious about mine

 

[honeymooner]

Just updating for those interested. Emailed melb consulate for an update as it is now 8 weeks. I emailed them early last week and they responded with inquire again on the 19th if you have not heard anything. They also stated that their turn around time at present is 8 weeks. So i emailed today and got the same reply but it now says the turn around time is 12 weeks and to contact them again at the end of jan! I am getting SOOOOOOOOOOOO frustrated this is just a joke!!!

Has anoyone else waited this long or am i just super unlucky??

 

[lisaho]

Just updating for those interested. Emailed melb consulate for an update as it is now 8 weeks. I emailed them early last week and they responded with inquire again on the 19th if you have not heard anything. They also stated that their turn around time at present is 8 weeks. So i emailed today and got the same reply but it now says the turn around time is 12 weeks and to contact them again at the end of jan! I am getting SOOOOOOOOOOOO frustrated this is just a joke!!!

Has anoyone else waited this long or am i just super unlucky??

As a matter of fact I emailed them earlier and received the same unfortunate response
I can not Believe a embassy such as us can take so long.
Looks like I'll be missing my dream holiday that I have fully payed for

 

[honeymooner]

lisaho,


im so sorry to hear that. Is their any way at all you can change dates or get a refund on anything?? It is so so frustrating! I really feel for you! I to can not believe it can possibly take so long. I would be very curious to know what they actually base their decision on anyway. I hope you can work things out and get atleast some of your money back and maybe in the near future you will be able to make the trip! best of luck!

 

[lisaho]

lisaho,


im so sorry to hear that. Is their any way at all you can change dates or get a refund on anything?? It is so so frustrating! I really feel for you! I to can not believe it can possibly take so long. I would be very curious to know what they actually base their decision on anyway. I hope you can work things out and get atleast some of your money back and maybe in the near future you will be able to make the trip! best of luck!

Hi honeymooner, unfortunately even travel insurance doesn't cover this sort of issue. You still havnt got any news?

 

[honeymooner]

No news from my end yet. It will be 3 weeks until we have been waiting 12 weeks. It can't possibly take much longe. After all this waiting they better give him a visa or i'll be VERY upset!

 

[trayden]

I have spent hours reading this thread!

I started one similar a few months ago but am still in a dilemma.

I was arrested 15-16 years ago and yes "mortal turpitude".

The case was dropped at the preliminary hearing because the defence presented no evidence against me.

Rightfully so,they had none as i had committed no crime (they charged and convicted somebody else)

I know I need to apply for a visa because I was once "Arrested" but what do i do about the paperwork needed at the interview?

No conviction or court appearance or sentence,if I go to a visa interview without relevant paperwork I wont be able to get a waiver.

The AFP fingerprint criminal record checks required by the US embassy are no good as they only show unspent convictions,i dont even have a spent conviction because i was never convicted or sentenced.

I managed to contact my barrister from all those years ago and he said there is no record as there was no conviction,the best he could do was give me a letter explaining the case.

How do i get the arrest paperwork and how do I get the court preliminary hearing paperwork?
What do I do? I have 5 month before I go to the states for 4 weeks.

I have been feeling like some sort of criminal since i started my ESTA enquiries.

Can they really check a persons background on an "arrest only'' from so many years ago?

 

[The Rok]

I think in your case I would of taken the chance and gone for the visa waiver programme but answered NO.

And no doubt there will be folks here who will jump down my neck about the right or wrong of this but each to their own.

 

[trayden]

I think in your case I would of taken the chance and gone for the visa waiver programme but answered NO.

And no doubt there will be folks here who will jump down my neck about the right or wrong of this but each to their own.

I did! before I understood Mortal Turpitude!

And because i have never committed any sort of crime I didn't bother reading it properly until I was reminded by my partner of the Arrest when she was getting her ESTA which put me in the panic mode.

 

[cove]

Many folks get arrested but it is only when one is found guilty that a real problem exists if it is a moral turpitude matter.
Basically the US dont accept travellers who come under the MT rule and that has been in place since before I started travelling to the US over 3 decades ago.
You do get a chance for review through the channel described but it seems to be a pretty low priority in the scheme of getting waivers.
If you have a moral turpitude conviction do not buy a non refundable ticket as there is no sense of haste with our US buddies.
If you can find your criminal record then so can the US authorities.