Help please...minor convictions 20 years ago

[markis10]

PCA is evident in both the NSW, VIC and SA traffic acts where they have a precise reading of alcohol:

Drug and alcohol offences

Prescribed concentration of alcohol

Criminal Lawyers Melbourne | Criminal Lawyers Broadmeadows | Criminal Lawyers Heidelberg)

 

[foxmum]

Hi again

We have decided not to take the risk and to go ahead with attempting to get a visa - have a couple of questions
1. Does anyone know does the consulate ALWAYS deny visa if you have criminal conviction of moral turpitude (and if long time ago and not major apply for waiver)
2. Do you need to take a fingerprint police check to the interview with you, and do we also need court documents (and does anyone know how you go about obtaining these 20 years later)
3. Has anyone been through the interview process and can advise of what happens

Thanks again

 

[foxmum]

I am going insane with worry...could someone please help out and give me some opinions. I know that noone can predict what the DHS will say but given the fact that he received a summons for malicious damage in 1990 for which he received a fine (we dont know if it was recorded as a conviction or not); he also received a summons for a .05 charge in 1989 (blood reading of .170) for which he lost his licence and was fined. He also has a range of driving offences including careless driving, driving whilst disqualified, and driving an unregistered vehicle - these charges were in 1988, 1989 time frame. Since then (20 years) he has had absolutely nothing. He is married with 7 kids (5 of which are coming on holidays with us), and has been employed with the Department of Human Services for 15 years. In YOUR OPINION do you think he will receive a visa by way of waiver of ineligibility. I am worried because when they look at the one charge of malcious damage then they see all these other silly driving charges and it looks really bad, although they were all committed as a 18,19 year old. Please just give me some opinions - I have felt so ill with worry since we realised that he could not enter under esta. Thanks so much

 

[Andyzx]

My opinion is to go to the consulate and get the visa. This is based on the problems that may arise if you get to the boarder and are questioned about your situation and you are relying on the person(s) in front of you, who is probably having a bad day.

I have been questioned at boarder and it takes a lot longer than you want to, generally measured in hours not minutes. Although mine was for a very different situation than yours, i.e. why did I not have a visa to get married to my wife!

Visa interview process. Again mine was not dealing with the US embassy, but generally I have found them to be quite strict at the beginning and then relax as they get an impression of you.

Suggestions:
Ensure that ALL forms are completed as they request not what you want to provide.

Wear suitable clothes
Take complete (more is better than less) records of everything, passport, criminal record, previous passport if you have them, marriage certificate original, kids passports. Bank correspondence showing mortgage if you have one.
Take a letter from his employer stating they are a good employee, have been for X years and currently have a job to go back to.
If you have an "important person", minister of religion or other suitable upstanding person that could write you a personal reference - "known Mr x for a long time, fine upstanding family man", this is even better coming from a US citizen if you know any.

The interview process is not unreasonable but may take some time.
From my experience what they want to know is 2 things, the person will not cause any trouble whilst in their country and the person will leave at the end of the stay. STRESS these to the officer that is what you will do in the interview. You are there for a holiday for the kids

Given the length of time usually this type of conviction without goal (jail) sentence is ok but it will depend on the person interviewing. They have complete discression

This is the bit that should get you through as if I understand correctly there has been no gaol time, as long as he doesn’t have drug or other listed offences

(B) Multiple criminal convictions.-Any alien convicted of 2 or more offenses (other than purely political offenses), regardless of whether the conviction was in a single trial or whether the offenses arose from a single scheme of misconduct and regardless of whether the offenses involved moral turpitude, for which the aggregate sentences to confinement were 5 years or more is inadmissible.

ie less than 5 years should be ok. Classes of Aliens Ineligible to Receive Visas

I know this sounds completely over the top and it is (which is my point) you are trying to visit their country! By trying to be honest and open you are showing sincerity about doing what you are saying and your actions match this. Go and get it over and done with, if you dont get in at least you may have the opportunity to go elsewhere with small charges to change flights etc.
Its a long flight to the USA, if you are stressed now by the end of 12-14 hours you will be a complete wreak.

PS have a good trip:arrow: