Hi everyone,
I've spent hours reading everything I can online and still at a crossroads.
2003 - 17 years old, I was arrested on New Years Eve for breach of liquor ban, possession of marijuan_ and a bong. I got diversion in New Zealand, which means you are never convicted and no one is ever meant to know about it.
2009 - DIC/DUI
I have received a copy of my full and extensive Police Certificate/Criminal Conviction History which only has the DIC/DUI, as it should. There is zero information the Ministry of Justice have on the diversion.
I had to call the Police separately who dug up info on the drug arrest. I understand that in the eyes of the US it is irrelevant that I got diversion and they deem it as a conviction.
My question is, does a small controlled substance arrest from 13 years ago automatically mean my Visitor Visa will be declined?
I understand it may have to be declined automatically but you can then go through a process of exemption where your passport goes to the states and they consider the circumstances.
Has anyone had any luck with this process?
If it's likely to be declined anyway, I'm wondering if they actually have access to your police file. It even took me hours to find someone in the Police who could give me this info and there is no report they can generate with this info as it is meant to not exist. So maybe I just go through a full Visa process just talking about the DIC/DUI.
I know with just the DIC/DUI I'd be fine. But I'm concerned that if they had access to police file (which I think is unlikely, but still...) I could be permanently banned for fraud.
A lot of discussion on the internet is old as processes change, so anyone with experiences from the recent past would be great.
I've read this which is similar to my situation but wasn't a controlled substance. If it wasn't controlled substance I would just declare and be ok.
http://www.australianfrequentflyer....and-customs/u-s-visa-waiver-arrest-29792.html
Thanks so much - Concerned Kiwi
I've spent hours reading everything I can online and still at a crossroads.
2003 - 17 years old, I was arrested on New Years Eve for breach of liquor ban, possession of marijuan_ and a bong. I got diversion in New Zealand, which means you are never convicted and no one is ever meant to know about it.
2009 - DIC/DUI
I have received a copy of my full and extensive Police Certificate/Criminal Conviction History which only has the DIC/DUI, as it should. There is zero information the Ministry of Justice have on the diversion.
I had to call the Police separately who dug up info on the drug arrest. I understand that in the eyes of the US it is irrelevant that I got diversion and they deem it as a conviction.
My question is, does a small controlled substance arrest from 13 years ago automatically mean my Visitor Visa will be declined?
I understand it may have to be declined automatically but you can then go through a process of exemption where your passport goes to the states and they consider the circumstances.
Has anyone had any luck with this process?
If it's likely to be declined anyway, I'm wondering if they actually have access to your police file. It even took me hours to find someone in the Police who could give me this info and there is no report they can generate with this info as it is meant to not exist. So maybe I just go through a full Visa process just talking about the DIC/DUI.
I know with just the DIC/DUI I'd be fine. But I'm concerned that if they had access to police file (which I think is unlikely, but still...) I could be permanently banned for fraud.
A lot of discussion on the internet is old as processes change, so anyone with experiences from the recent past would be great.
I've read this which is similar to my situation but wasn't a controlled substance. If it wasn't controlled substance I would just declare and be ok.
http://www.australianfrequentflyer....and-customs/u-s-visa-waiver-arrest-29792.html
Thanks so much - Concerned Kiwi
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