Entering US and Canada with a criminal record

[dreamcruiser]

Hi all,

I'm just looking for a bit of advice. I know questions about criminal records and the US come up all the time so I do apologise for bringing it up again but I have a specific dilemna and was just wondering if anyone can offer a bit of advice.

My family and I are planning on travelling from Australia to Canada and the US next year for a big holiday and my father has a criminal conviction for armed robbery from 1974 when he was 18. He was sentenced to 3 years in prison, served 6 months and was released on good behaviour. I know what he did was a very serious offence and it was awful but he has never had any more convictions.

Now I know he is ineligible to travel to the states under the VWP, the Embassy have advised me to apply for a Visa and the Canadian embassy have advised us to apply for a rehabilitation waiver. He is now mid 50's, has led a very stable life, always been employed, never broken the law again - what are his chances of being granted a Visa to the US or getting a rehabilitation waiver for Canada?

Another problem is that 13 years ago he visited the US on a holiday, ticked no to any convictions on the VWP form and was granted entry into the states with no problems. If we go and apply for a Visa now and he discloses his conviction will the fact that he has already travelled to the states under the VWP come back to bite him? Could he find himself in alot of trouble for previously entering the states on the VWP?

Thanks to anyone who can offer any advice.

 

[thewinchester]

Please search before you post, there has already been significant discussion and debate around this issue and I personally don't want to revisit it anytime soon.

Mods: Please close this thread.

 

[dreamcruiser]

I've searched and searched and searched. And i've read everything I can find.

I"m not asking if he can enter under the VWP - I know he can't. I was asking if there was anyone who had experience at being granted a Visa with such a severe offence, even if it was 36 years ago.

And I was asking if he could possibly get into a whole load of trouble being that he previously entered under the VWP and didn't disclose his conviction.

 

[markis10]

Please search before you post, there has already been significant discussion and debate around this issue and I personally don't want to revisit it anytime soon.

Mods: Please close this thread.

Pretty harsh response, as the OP states they have a specfic question and I am unable to find any thread dealing with a 50 year old that was convicted as an 18 year old for armed robbery wanting to visit the US after lying on their entry card once

Dreamcruiser, welcome to AFF, I dont think anyone can answer your questions with any degree of accuracy, apply for the visas and cross all fingers toes etc Best of luck

 

[serfty]

I guess apply for the visa is the best bet.

FWIW, I believe at no stage should it be mentioned he visited the US on a holiday 13 years ago - unless directly asked. He will be on a different passport than then.

 

[dreamcruiser]

Thank you Markis10 and Serfty for your replies.

We've made an appointment for the US Visa. Yep they did ask about previously entering the US when we filled out the form so we were honest.

We'll just keep our fingers crossed........

 

[markjb]

Please search before you post, there has already been significant discussion and debate around this issue and I personally don't want to revisit it anytime soon.

Mods: Please close this thread.

WOW the forum police are in full swing! Did it make you make a police siren noise as well??

If you personally don't want to "revisit" then don't look....!

Every case with these type of questions all have some sort of different factors and if member(s) wish to ask the question to others so be it!

 

[jaynel1]

Thank you Markis10 and Serfty for your replies.

We've made an appointment for the US Visa. Yep they did ask about previously entering the US when we filled out the form so we were honest.

We'll just keep our fingers crossed........

Hi good luck with the interview - would be interested in knowing how long it takes to get your passport back (if they take it to process your visa)

 

[dreamcruiser]

Markjb - thats what I thought too, but i'm new here - I didn't want to step on anyones toes

Hi Jaynel1 - We went for the interview but the police check hadn't arrived yet. In NSW they send it directly to the Consulate not the applicant and anyway it wasn't there when dad went for his interview (we didn't allow enough time).

Because the police check wasn't there they couldn't give him an answer on his Visa but they did keep his passport and said they'd process it and send everything back to him when the certificate arrived.

I had to call them a couple of days later though and ask them to return the passport because dad needed it for work. They posted it back that afternoon and just asked that we return it to them once everything's been processed (and hopefully approved).

I have read posts about it taking some people 6 weeks or so to get their passports back because they couldn't get Visas and had to apply for a waiver. But the US Embassy website says that once the Visa is approved it is usually issued with 48 hours...

I'll let you know how long it takes to hear back from them though....

Now to start the Application for Canada which is MUCH more complicated and expensive!

 

[markjb]

Markjb - thats what I thought too, but i'm new here - I didn't want to step on anyones toes

Don't worry about it most on here are always willing to help, and as per most forums you get a few whom think they are above others and see it as their duty to beat their chest and try and be the alpha male around here, just ignore them! maybe this is the only place they can do it or something who knows?!? Hope all goes well! Just dot your i's and cross your t's and see how you go!

 

[dreamcruiser]

I just thought i'd come back with an update for anyone who is in a similar situation.

My dad's visa was granted via a waiver of ineligibility. He has been given a one year visa valid for a single entry only.

The processing time took 8 weeks from the day they received the Police check till we got an answer.

Yay! Now to start planning

 

[simongr]

Sounds like a good outcome. Well done - it is amazing what happens if you follow the right process. We get so many people here coming on here for justification for not declaring convictions "because it was minor and years ago" that it is actually nice to see someone doing the right thing.

 

[ric_melb]

What a good outcome. Many thanks to dreamcruiser for posting back with the result.
Hope all the family have a good holiday.

 

[UP4014]

I guess apply for the visa is the best bet.

FWIW, I believe at no stage should it be mentioned he visited the US on a holiday 13 years ago - unless directly asked. He will be on a different passport than then.

Agree with sefty, minimal factual info.

 

[UP4014]

Please search before you post, there has already been significant discussion and debate around this issue and I personally don't want to revisit it anytime soon.

Mods: Please close this thread.

Hmmm, so you posted here to say you aren't going to post.:mrgreen:

 

[ALLAN]

I would be interested to find out how you went with the visa? I hope everything went fine...Thanks.:?: