US Visa turnaround times

[tomtomfromoz]

That's the thing - I never received a conviction! The magistrate said it was a minor blemish in my otherwise perfect record. I was warned though if I was ever to appear again, I wouldn't be treated as kindly (something I have well and truly taken on board)...a good tale to tell young teenagers and twenty-somethings I think. I am now paying for my silly mistake. Actually I am more upset now than I was 18 months ago when it happened.

Crazy thing is that I know of people that have lied on their ESTA and gotten through (for far worse crimes, AND conviction). They said for me to risk it, but as the stakes were too high, both my partner (a police officer) and myself thought we better do the right thing.

Now I have to try and get a refund off United....wish me luck

 

[NM]

That's the thing - I never received a conviction!

The USA legal system does not recognise the concept of a finding of guilt without a conviction being recorded. So as far as the US government is concerned, a finding of guilt is the same as a conviction, whether the Australian legal system shows the conviction recorded or not. The US Department of Homeland Security bases its decisions on US law, not Australian law.

 

[flymetothemoon]

That's the thing - I never received a conviction! The magistrate said it was a minor blemish in my otherwise perfect record. I was warned though if I was ever to appear again, I wouldn't be treated as kindly (something I have well and truly taken on board)...a good tale to tell young teenagers and twenty-somethings I think. I am now paying for my silly mistake. Actually I am more upset now than I was 18 months ago when it happened.

Crazy thing is that I know of people that have lied on their ESTA and gotten through (for far worse crimes, AND conviction). They said for me to risk it, but as the stakes were too high, both my partner (a police officer) and myself thought we better do the right thing.

Now I have to try and get a refund off United....wish me luck

LUCK LUCK LUCK LUCK LUCK!!!! and yes, sadly what NM wrote is correct.

 

[Empty]

Fwiw- I had a guilty plea non conviction when I was 19-20ish- the first time I applied for a visa I was rejected on the spot (because it had been within 5 years of the court date)

Once the 5 years was up I reapplied, currently 24 weeks awaiting notification of waiver of ineligibility.

I'm surprised they didnt tell you when you went for the interview that it would not be approved because of the 5 year thing- unfair to give you hope when there was none!

My lawyer had told me that because I had pled guilty, got a good behavior bond and no conviction that it would never even show up on my police record. He was very wrong!

 

[flymetothemoon]

Fwiw- I had a guilty plea non conviction when I was 19-20ish- the first time I applied for a visa I was rejected on the spot (because it had been within 5 years of the court date)

Once the 5 years was up I reapplied, currently 24 weeks awaiting notification of waiver of ineligibility.

I'm surprised they didnt tell you when you went for the interview that it would not be approved because of the 5 year thing- unfair to give you hope when there was none!

My lawyer had told me that because I had pled guilty, got a good behavior bond and no conviction that it would never even show up on my police record. He was very wrong!

What do you mean "he was very wrong"? If you were spared of a criminal record by the judge then nothing would show up on your police record. No conviction = no criminal record. The embassy were aware of your conviction because YOU told them about it.

 

[Empty]

What do you mean "he was very wrong"? If you were spared of a criminal record by the judge then nothing would show up on your police record. No conviction = no criminal record. The embassy were aware of your conviction because YOU told them about it.

He (being my lawyer) was wrong when he advised me that my police record would be clear after I recieved no conviction and a good behaviour bond- as it does show up on my police record (both the fingerprinted record for visa purposes and the record ordered for employment purposes)

And whilst the US embassy is aware of my record because I told them aout it- I'd rather be honest and open about it and feel that I have done the right thing, than try to lie my way in and end up in trouble, or banned from travelling to the USA. I've made one dumb decision in my life & have learnt from it- honesty is the best policy.

 

[flymetothemoon]

He (being my lawyer) was wrong when he advised me that my police record would be clear after I recieved no conviction and a good behaviour bond- as it does show up on my police record (both the fingerprinted record for visa purposes and the record ordered for employment purposes)

And whilst the US embassy is aware of my record because I told them aout it- I'd rather be honest and open about it and feel that I have done the right thing, than try to lie my way in and end up in trouble, or banned from travelling to the USA. I've made one dumb decision in my life & have learnt from it- honesty is the best policy.

So obviously you did receive a conviction then - but you would have known that during the court proceedings, not sure why the lawyer would say you wouldn't. If you are spared of a conviction then it definitely wouldn't show up on your record.

 

[Empty]

So obviously you did receive a conviction then - but you would have known that during the court proceedings, not sure why the lawyer would say you wouldn't. If you are spared of a conviction then it definitely wouldn't show up on your record.

I'm not going to upload all my documents to prove it, but Just double checked my police record, it states the offense, then the sentence states- no conviction, good behaviour bond. So maybe in some places in Aus, non conviction equals no record, but in my case, the non conviction does show up.

Not here to argue, simply to provide information to others who are either in the process of or considering applying for a visa requiring a waiver of inelligibility, considering the lack of information I was able to find when I was first going through the process

i'll leave it at that!

 

[flymetothemoon]

I'm not going to upload all my documents to prove it, but Just double checked my police record, it states the offense, then the sentence states- no conviction, good behaviour bond. So maybe in some places in Aus, non conviction equals no record, but in my case, the non conviction does show up.

Not here to argue, simply to provide information to others who are either in the process of or considering applying for a visa requiring a waiver of inelligibility, considering the lack of information I was able to find when I was first going through the process

i'll leave it at that!

Not sure why you would think that I was arguing with you I was simply asking you a question. I presume you live in Victoria as the Victoria Police website states

"Victoria Police releases all court outcomes with a finding of guilt. Good Behaviour Bondsand Community Based Orders are findings of guilt and releasable under the Victoria Police
Information Release Policy. Although the bond expires after the period stated, the finding
of guilt remains. Victoria Police does not delete criminal history information. Criminal
history information continues to be available for the purposes of law enforcement and the
administration of justice."

 

[Maca44]

So obviously you did receive a conviction then - but you would have known that during the court proceedings, not sure why the lawyer would say you wouldn't. If you are spared of a conviction then it definitely wouldn't show up on your record.

My understanding of what happens in NSW under these circumstances is evidence is produced at the Local Court, a plea of guilty is entered, the Magistrate finds the matter "proved" but before recording a conviction, dismisses the matter under Section 10. Details of the result are still recorded on the defendant's criminal history.

 

[flymetothemoon]

My understanding of what happens in NSW under these circumstances is evidence is produced at the Local Court, a plea of guilty is entered, the Magistrate finds the matter "proved" but before recording a conviction, dismisses the matter under Section 10. Details of the result are still recorded on the defendant's criminal history.

Don't you mean in VIC? If you get a PERSONAL fingerprint check in any other state it will show up but if you get an employment or visa check, nothing should show up if no conviction was recorded. This is why lots of people don't bother applying for visas as we've read on these forums - they might have been arrested and convicted but if no conviction was recorded then the only way for someone to find out is if the person tells them.