US Visa question - Regarding court findings

[NM]

Arrested and summonsed to appear in court are not the same thing, even if you generically assume they may be, so the answer is different. Found guilty and convicted are not the same either. It is not about being economical with the truth, it is being very precise and answering the literal question.

And the question is "Have you ever been arrested or convicted for an offense or crime involving moral turpitude ..."

 

[fencepost]

Weel let me share my experience....

5 years ago - yes 5 years I aplied for immagration visa to the us as Im married to one. I answered "yes" to the question regarding Crimminal history. (I got caught with 2 grams of green in QLD 15 years ago) Since then I have spent $1000's on lawyers, immigration costs, 2 applications - It's almost destroyed my marriage, blah, blah ,blah....

I am in the final throws of finally getting the approval - though so much time has passed I no longer want to live in that stinkhole, braindead palace.

My advice - if the conviction is minor and spent as mine were --- dont confess. Because as soon as you own up they work you over - big time!

I wish for 2 things...1/ I had researched my rights beforehand 2/ I had ticked "NO"

 

[CC6]

Many, many thanks to those who have posted on this thread / other threads in regards to applying for a US Visa, particularly Dave Noble.

I am hoping somebody can help me out of the pickle I find myself in.

I'm 23 years old, have a Uni degree under my belt and have a well paying job. Around 9 months ago I met an American girl and promptly fell in love. I now desperately want to visit her and will go to pretty much any measure to do so.

Here's the issue. Around 14 months ago I did the single most stupid, most foolish thing I've ever done. I did a favour for a friend and agreed to hold on to a few of his personal belongings while I was at a bar. Included in these belongings were his ID, his ATM key card and a small quantity of an illicit substance. I was rightly caught and arrested for possession of the illegal substance. I had my finger prints and photo taken at the time. The person whom the items belonged to came forward to the police at the time but was told as I was the person in "possession", I would be the one arrested and charged (and rightly so; he was just being a good friend and we were both fully aware it would not prevent me from being charged; however his words did greatly help me out later in court).

I attended court with a string of beaming personal references and was given a Section 10 Bond, meaning no conviction was recorded and I was placed on a 12 month good behaviour bond, to which I have strictly adhered to. The judge took into account my clean prior record, my degree & my job and also the fact that I wanted to travel to the US to study and / or for a holiday in the near future.

The bond was completed around a month ago with no further problems. Believe me, after going through the whole process of getting arrested and going to court, there was no way I was doing anything illegal within that time, or ever again for that matter. It was the single most terrifying experience of my life; only someone who has been through the process can understand.

Now to the issue of obtaining a US Visa. I have done a considerable amount of research on this matter & have been given conflicting advice. One solicitor told me I should be fine, he told me to just go for the Visa, explain what happened, be honest and polite and I shouldn't have any problems. Another solicitor, who claimed to have worked at the Sydney US Consulate for a number of years, told me I was basically no chance of getting allowed into the US for at least 5 years.

The US Consulate website states something along the lines of them not being able to issue a Visa within 5 years of the completion of any "sentence". Is my bond considered a sentence? Again, I have received varying advice in regards to this. I'm under the general impression that this would not be counted as a sentence as such, as was my solicitor at the time of the above incident. It was his belief that a "sentence" could only be imposed in the event of a conviction being imposed and recorded. However, the Visa solicitor advised otherwise.

The Visa solicitor advised that if I decided I was going to apply for the Visa, I would need to gather evidence displaying that I had been "rehabilitated" since committing the offence. Since the above incident, I have received 2 pay rises and a promotion and think producing these letters from my employer would be a good start. I also have plans to be in touch with my local member of parliament in the hope that they can help me out with a letter or the like, although I am not holding my breath. Any other suggestions? What about if I got in touch with the arresting officer? At the time, he was extremely understanding and, due to my complete cooperation with police and extremely polite nature, was very helpful and kept repeating words to the effect of "I can see you're not a dealer or even a user". Would it be helpful if I requested a letter from him? Can anyone think of anything else?

The Visa solicitor told me I had a "less than 1% chance" of successfully being granted a Visa in the next 5 years so I want to do everything to put myself in the best light and give myself the best chance.

Another question. Would it help if I applied for a working Visa as opposed to a tourist Visa? What if I had a job lined up in the US that was ready to go? A recent comparable case I can remember is that actor from Home & Away. He was given the exact same charge & punishment as me and had planned to go and work in Hollywood. I recall him & his lawyer being extremely happy when he received a Section 10 Bond, as this meant after his 12 month good behaviour period had expired he could apply for the working Visa and was a very good chance to be successful. Assuming he does not receive any preferential treatment, would I have a better chance of visiting the US if I applied for the working Visa?

At the end of the day, I know I have broken the law and take full responsibility for my actions, including all the resulting consequences. As I stated above, it was the single most foolish thing I have ever done, and will ever do. To say I have been "rehabilitated" and have learned my lesson is a ridiculous understatement. I will never - never - do anything illegal again. I regret my actions on that night every single day of my life.

But I am desperate to visit my girlfriend in the near future and just want to know what options, if any, are available to me.

Apologies for the long post but help would be greatly appreciated!

Thanks in advance.

 

[wywk]

I'm not sure if this helps, but my brother had to apply for a US visa in January this year. He didn't have a criminal record of any sort, but he had to apply cos he didn't qualify for the waiver.

Anyway, he told me that at the interview, in the 1hr he was there, about 10 ppl got rejected. Apparently it's like going to the RTA, so he could pretty much hear everything and a lot of them got rejected for not having the correct paperwork. His interview only lasted 15mins, he had everything he needed, proof of funds, letter from work, enrolment from uni, proof of ties to Australia etc... Also he noticed that it really depended on the officer that's interviewing you... he said there was this one guy who was rejecting like every single application he was reviewing!

His went through his interview without any problem. They asked him what his intentions were, where he was going, also to list all the countries he has visited before...and some questions about the holiday etc.. I guess they just wanted to sus out if he was genuine or not. He's 21...and the younger you are, it's a risk for them to let you through as there's a bigger chance you will stay there and never come back. They granted him a 10yr visa which was a nice surprise.

So I guess if you do intend to apply for a Visa, make sure you have all the correct paperwork, if they won't grant you a tourist visa, I doubt they will grant you a work visa.

 

[Maca44]

When you do attend your interview I would also be very cautious of telling them that you are going to see your girlfriend, for obvious reasons. Something along the lines of a tourist visa, and you intend visiting friends (which is not untrue) whilst there. It would also be suspicious if, as you say you have a good job, promotions, pay rises etc, to then apply for a working visa???

 

[CC6]

When you do attend your interview I would also be very cautious of telling them that you are going to see your girlfriend, for obvious reasons. Something along the lines of a tourist visa, and you intend visiting friends (which is not untrue) whilst there. It would also be suspicious if, as you say you have a good job, promotions, pay rises etc, to then apply for a working visa???

Thanks for the reply.

Exactly what I was intending on doing regarding the girlfriend issue, just say I'm visting friends. I had a friend denied simply because he was visting his girlfriend and they did not think he was going to return to Australia. And as you say, this is not untrue at all.

I would only bring up my job if I was going for the tourist visa. Even then, letters confirming pay rises and promotions since the incident couldn't hurt when applying for the working visa; they show that I'm of good character. Obviously I would disclose that I would be leaving my job should I be granted a working visa and would attempt to line up a job in the US.

A recent development. I had a friend of a friend go for a visa interview last week. A few years ago (less than five years) he was convicted of assualt and while he wasn't granted a visa, he was told he was a very, very good chance of recieving the waiver. He now has to wait the 6-8 weeks, but the Consulate were extremely optimistic of his chances.

This obviously spurs me on because, like I mentioned, I was not convicted of my crime. The friend of a friend had to complete a number of hours of community service, whereas my punishment was nowhere near as severe. I view my crime as less serious, however the Consulate may see otherwise.

Good news, I think. Although again, I'm not holding my breath. Feedback?

Once again, I'm extremely grateful for all help.

 

[CC6]

I'm not sure if this helps, but my brother had to apply for a US visa in January this year. He didn't have a criminal record of any sort, but he had to apply cos he didn't qualify for the waiver.

Anyway, he told me that at the interview, in the 1hr he was there, about 10 ppl got rejected. Apparently it's like going to the RTA, so he could pretty much hear everything and a lot of them got rejected for not having the correct paperwork. His interview only lasted 15mins, he had everything he needed, proof of funds, letter from work, enrolment from uni, proof of ties to Australia etc... Also he noticed that it really depended on the officer that's interviewing you... he said there was this one guy who was rejecting like every single application he was reviewing!

His went through his interview without any problem. They asked him what his intentions were, where he was going, also to list all the countries he has visited before...and some questions about the holiday etc.. I guess they just wanted to sus out if he was genuine or not. He's 21...and the younger you are, it's a risk for them to let you through as there's a bigger chance you will stay there and never come back. They granted him a 10yr visa which was a nice surprise.

So I guess if you do intend to apply for a Visa, make sure you have all the correct paperwork, if they won't grant you a tourist visa, I doubt they will grant you a work visa.

Thanks for that.

What was the reason he didn't qualify for the waiver? I'm in the process of gathering all necessary paperwork now. It's extremely difficult to get the NSW Police to allow you to do a fingerprint check. I've got one without the fingerprints but does anyone know if I will require a print search as well?

 

[Maca44]

I would only bring up my job if I was going for the tourist visa. Even then, letters confirming pay rises and promotions since the incident couldn't hurt when applying for the working visa; they show that I'm of good character. Obviously I would disclose that I would be leaving my job should I be granted a working visa and would attempt to line up a job in the US.

If going for a tourist visa, I would not even mention the words "working visa" as this would definitely made them suspicious that, if you don't get one you will go for the other, but in any event you don't have intention of returning to Australia. Your work documents should only be used to support the fact you are a person of good character and that you have a good job to return to.. Again, don't mention work visa as it will set off the alarm bells.

 

[stevereilly30]

Hello again,

Finally got my visa! It came perfectly 8 weeks after my interview which is a hell of a long time!

I went to the consulate in Melbourne on the 11th of Feb and only got it on 1st April, this waiting time cost me a bit in flights as they have all now gone up... So i'd advise people to do it early, at least 4 months before you want to leave.

I'd say the whole process cost most about $800 with those flights going up, $132 for the police cert and $160 for the visa.

I'm very happy i applied for the visa though, I couldn't imagine anything worse then stressing out at LAX thinking I may be deported.

Thanks for all your help everyone!

Steve.

 

[Maca44]

Hello again,

Finally got my visa! It came perfectly 8 weeks after my interview which is a hell of a long time!

Steve.

Good work Steve. It will now make for a much nicer worry free flight to the USA.

 

[annz.annie]

Re: US Visa question - Regarding court findings - GOOD BEHAVIOUR BOND

My god.... I have posted so much information regarding this issue and still there are questions and uncertainty. Please do a search of my username and you will find detailed legal documents containing FACTS about the system and what your rights are.

Now I can only provide advice for people in NSW as this is my state and I have researched the system to fair detail. Most states have similar policies however all of the information and legislation is easy to obtain, most of it on the internet.

For people travelling to the USA:

Have you ever been charged with a criminal offence?

Were you arrested or did you receive a court summons?

Were you convicted of the offence?

Now if you were caught doing something minor, the police officer gave you a summons to appear in court. You turn up at court on the day and you receive a finding of guilt without proceeding to conviction under section 10 of the crimes and sentencing act.

On the waiver it asks, have you ever been arrested or convicted... No and No.

Not only can you honestly answer no to this question, but this finding of guilt is treated as a spent conviction.

A spent conviction as defined by the act is the same as a quashed or pardoned conviction. I.e someone who was convicted but later appealed and was found not guilty.

For this reason it is illegal for the australian police to disclose this information to anyone, unless under special circumstances.

As defined by the act a spent conviction does not need to be disclosed to ANYONE for any reason.

Now if you have been arrested and fingerprinted things get a little more complicated. The spent convictions act does not cover arrests, so someone can legally ask you if you have been arrested. HOWEVER if you have a spent conviction the arrest would be the same if someone was arrested and later released without charge.....

At the end of the day the spent convictions act is there for a reason. So that minor charges that were commited at a young age do not impact the rest of your life.

The USA would love you to tell them everything you have ever done. The reason for these questions is that they cannot legally obtain this information, they are relying on you to admit it. Once you have they will use it against you.

Im not telling anyone to lie, but to educate themselves so they know their rights and what they do and do not have to disclose.

P.s. A finding of guilt without conivtion under section 10 will only become spent after any good behaviour bond or conditions are met.

Hi ... reading the information by you is of great help. I have a question My husband is travelling to USA on VWP. and I have a tourist visa for US. But I recently entered a good behaviour bond for 12 months. for a shoplifting offence that ends in March 2011. no conviction .
I have a Chienese passport but got my visa approval in Australia. NSW. I want to travel to the US with my husband from sydney but I am not sure if i will be allowed to enter US with a bond. i dont know what questions will be asked on the forms.. and how much information can they access about such cases???
will I be allowed ? please help me asap...

 

[NM]

Re: US Visa question - Regarding court findings - GOOD BEHAVIOUR BOND

Hi ... reading the information by you is of great help. I have a question My husband is travelling to USA on VWP. and I have a tourist visa for US. But I recently entered a good behaviour bond for 12 months. for a shoplifting offence that ends in March 2011. no conviction .
I have a Chienese passport but got my visa approval in Australia. NSW. I want to travel to the US with my husband from sydney but I am not sure if i will be allowed to enter US with a bond. i dont know what questions will be asked on the forms.. and how much information can they access about such cases???
will I be allowed ? please help me asap...

If you have a visa already, you will be required to complete the I-94 (white form) when arriving in the USA. You can find an image of the form (and hence the questions to be answered) at this link.

However, I don't know what conditions of disclosure exist for the visa you have been issued.

 

[TomCruise]

If you have an active good behavior bond. I.e the bond conditions have not yet been met, then the court findings have not yet been removed from your record.

On the completion of the bond the findings are removed.

So if you have an active bond I suggest waiting until conditions have been met before traveling to the US.

 

[jonnygee]

Hey guys,

Can someone help me with my question, it's fairly urgent

I'm currently in the process of applying for a US visa online.

In 2003 I was found guilty without conviction of shoplifting and in 2001 I was given a police caution for theft.

Do you think that i'm required to disclose the details of the caution? Or should i just leave it out of the application. I've been searching around the police websites regarding the National police certificate and it is very unclear as to if cautions are released on them?

Any help would be greatly appreciated!

Cheers,

Steve.

Hi Steve, I would disclose your convictions. I am going to0 states next Mar 2012 and I was worried about a conviction I had 32 yrs ago for GBH. I applied for a ACPO certificate and then got an appointment for an interview at the us embassy in London. I was asked a few questions about my holiday, where I'm going etc. a few questions about my conviction and that was it. The consular officer said ok, you're passport visa has been authorised you will get it between 3-5 days. Great news, now I know I won't get stopped and worry myself sick and there is no embarrasment to my family if I got stopped by Border control. Gor for it mate, you will definately get a visa I'm sure.

 

[straitman]

Hi Steve, I would disclose your convictions. I am going to0 states next Mar 2012 and I was worried about a conviction I had 32 yrs ago for GBH. I applied for a ACPO certificate and then got an appointment for an interview at the us embassy in London. I was asked a few questions about my holiday, where I'm going etc. a few questions about my conviction and that was it. The consular officer said ok, you're passport visa has been authorised you will get it between 3-5 days. Great news, now I know I won't get stopped and worry myself sick and there is no embarrasment to my family if I got stopped by Border control. Gor for it mate, you will definately get a visa I'm sure.

Hi jonnygee,

Welcome to AFF and thanks for the informed answer.