USA Visa Dilemma

[jorza]

Hi,
I'm looking at flying to the USA for a month for a holiday from my city Melbourne, Australia.
Back in 2009, i was living on the street and had 1 charge of left relating to $850. I rang the police and dobbed myself in because of the guilt.
I went to court and promised to turn my life around, i was given a guilty sentence with NO conviction as it was my first and only charge.
I was then given a good behaviour bond for 12 months and to recompensate the party i had stolen from. This has been completed.

On the ESTA waiver it asks if ive been arrested and convicted. I have not on both, but what im curious about is the best way to go about this. How should i go to the USA? should i apply for a visa through the consulate or go through ESTA with the unknown risk of being sent home. To the best of my ability and my understanding i beleive i was no covicted nor arrested.

What are my options at this point??

 

[jorza]

Re: USA Dillemma

Sorry, that is meant to read, 1 charge of theft.

not left

 

[Boris spatsky]

USA Dillemma

I would suggest going for a Visa. Plenty of threads on here about this exact topic so have a read. Good luck!

 

[Mwenenzi]

Re: USA Dillemma

Look here (where this thread may be moved to) Visas, Immigration & Customs
Others is same situation : takes months to get an answer and many get rejected
No conviction is a concept the USA do not accept. Its guilty as charged
Based on other threads here the chances of you getting a USA visa are very low

 

[jorza]

Re: USA Dillemma

Based on other threads here the chances of you getting a USA visa are very low

Why would you assume my chances are very low? Based on what evidence would you say they are very low?

So your telling me, if i spoke to an official gave them the psychologist report from the case, i was not convicted, dobbed myself in and am willing to go their country to spend over $20,000 on holiday that they would not let me even given the extrenuous cricumstances?

 

[opusman]

Re: USA Dillemma

No one here can tell you accurately whether or not you would be allowed in. Applying for a Visa would be safer in that you'd have a definite answer either way. Based on the information you've provided I would _guess_ that you'd be ok on the VWP, since you were not arrested nor convicted, but that would just be a guess.

 

[jorza]

Re: USA Dillemma

No one here can tell you accurately whether or not you would be allowed in. Applying for a Visa would be safer in that you'd have a definite answer either way. Based on the information you've provided I would _guess_ that you'd be ok on the VWP, since you were not arrested nor convicted, but that would just be a guess.

i rang the courts, they said i would have a criminal record, but ive read that after my good behaviour bond finished that the penalty becomes "SPENT". Is this true?
Then i rang the police station where i had my interview for the charge and they said because i was not convicted i would not have a criminal record.
??? WHAT??!?!

 

[opusman]

Re: USA Dillemma

There is a little explanation on this matter here: WHAT DOES IT MEAN TO BE FOUND GUILTY WITHOUT CONVICTION?

If you contact Victoria Police you should be able to obtain a copy of your police record which would answer definitively what they have recorded for you, and what you should assume US immigration would have access to.

 

[Hvr]

Re: USA Dillemma

i rang the courts, they said i would have a criminal record, but ive read that after my good behaviour bond finished that the penalty becomes "SPENT". Is this true?
Then i rang the police station where i had my interview for the charge and they said because i was not convicted i would not have a criminal record.
??? WHAT??!?!

There are no "spent" convictions in Victoria. I suggest you obtain legal advice before proceeding further with your travel plans.

 

[moa999]

Re: USA Dillemma

if you read the lengthy thread posted above two things become clear.
1. The wait time for processed US Visas is horrendous
2. There seems to be a general answer of No for any charge/ conviction within five years

I would request your record in Vic and see if it is blank or not - that is presumably all the US can see.
Then up to you how you answer the ESTA question

 

[DC3]

Re: USA Dillemma

Why would you assume my chances are very low?

... am willing to go their country to spend over $20,000 on holiday that they would not let me even given the extrenuous cricumstances?

US government agencies are not interested in how much money you may spend on a holiday.

If it was me, I'd follow this advice, below, and then if all's good, apply via ESTA:

I would request your record in Vic and see if it is blank or not - that is presumably all the US can see.
Then up to you how you answer the ESTA question

 

[whatmeworry]

Re: USA Dillemma

i rang the courts, they said i would have a criminal record, but ive read that after my good behaviour bond finished that the penalty becomes "SPENT". Is this true?
Then i rang the police station where i had my interview for the charge and they said because i was not convicted i would not have a criminal record.
??? WHAT??!?!

You might not have a conviction but it might be on your record for at least 10 years (maybe longer) despite no conviction being recorded. You can check your Police criminal record with VIC Police.

It might or might not come up on your record. Whether it does or doesn't, you have to ask whether you risk lying on your application to get into the USA or be truthful and risk a delay or rejection. I don't know the percentage of either occurring and that would have to be a judgement call you need to make with legal advice.

I have no idea how much proactive the US Customs are and how much VIC Police. But read this article. Convictions a matter of record - but for how long?

P.s. jorza well done on turning your life around to be in the position of going on a holiday to the USA!

 

[jorza]

Re: USA Dillemma

if you read the lengthy thread posted above two things become clear.
1. The wait time for processed US Visas is horrendous
2. There seems to be a general answer of No for any charge/ conviction within five years

I would request your record in Vic and see if it is blank or not - that is presumably all the US can see.
Then up to you how you answer the ESTA question

What do you mean by point to? General no for what? On the esta? Or on a US consular rejecting an application.

 

[Mwenenzi]

Re: USA Dillemma

Do not understand your last post, but look at other threads in here in Visas, Immigration & Customs
In particular
http://www.australianfrequentflyer..../criminal-record-obtaining-us-visa-15468.html
http://www.australianfrequentflyer....d-customs/us-visa-turnaround-times-43477.html

We often get questions like yours here (google search must work). Some times the person disappears from AFF after 1 or 2 days & other times they post a reply on what happened (can be months later)

 

[mella2007]

Re: USA Dillemma

Hi Jorza

Hope this can simplify things for you.

As I'm guessing you're in Victoria it is the only state that any sort of conviction is NOT spent. So what you need to do is

1. Apply for your National Police record and tick for Visa purposes
2. When it comes back, if its clear, you have no problems and can honestly tick "No" to the question on the ESTA form if you have ever been charged or convicted
3. If the police record comes back with something on it, you cannot apply for the ESTA. You must apply through the consulate for a visa. This process at the moment takes anywhere from 5 -8 months for them to make a decision if they'll grant you a VISA. As the offence took place in 2009, they will treat that as current and may deny you on the spot (and not recommend to Homeland Security that you be recommended for a VISA). You must provide them with a copy of your police record and court documents. It is a lengthy process.
4. If you don't follow these processes and apply for an ESTA and lie on the application form (if your record does show). They can find out (it happened to a friend of mine with one charge for theft dating back 20 years..and he was from Victoria also). They will send you home and ban you from entry ever.

Unfortunately the USA (and Canada) are two of the hardest places in the world for anyone with any type of criminal infraction to travel. They don't care how much money you have to spend, letters from employers, doctors etc etc. They have very strict rules, and they have to be followed.
The USA takes theft charges very seriously and only the consulate have the power to decide if you should be given a VISA (if in fact, that's all thats on your record, or if there is anything at all)

I am by no means a lawyer and I don't urge you to follow anyone's advice via an internet forum, however the above steps I've mentioned are fact from previous experience with people I know, and obviously from all the other posts from people that have been through the same thing.
Your situation is no different to the thousands of others that have gone through the same dilemma. There was a case last year in the media, of a lady who stole a bar coaster (was charged)....took her child (with cancer to Disneyland) and was denied at LAX due to having ticked no to everything on the ESTA form. We don't know what the USA can see, or what info our passports hold.

I wish you luck and hope you follow the right steps to put your mind at rest one way or another.

 

[flymetothemoon]

Re: USA Dillemma

JORZA: People have given you their opinions/advice but you don't seem to want to listen to anyone. At the end of the day it's up to you what you choose to do but we all believe you need to at least spend the $130 or so on getting a fingerprint check based on a visa application. It's not hard to do, many people have done it. If it comes back as clear then it's up to you if you wish to still apply for a visa or not - you will have no problems getting in to Canada as you don't have to disclose anything should you not have a criminal record (even though you might have been arrested/charged - as per their website f&q) whereas the US require you to admit guilt even if you do not have a criminal record (as per their website f&q) Most people on here wait the 5 years and then don't seem to have a problem - the only problem as of late is the 6 month waiting period. Anything before 5 years usually seems to be problematic.

 

[JT0511]

Re: USA Dillemma

Be cautious and go for the visa. ESTA didn't stop me being asked stupid questions (eg whether my surname was French) by an overtime seeking JFK immigration officer last Oct. He interrupted my interrogation while he made a note to himself in his diary to the effect that he'd been unable to take a meal break.

 

[jorza]

Re: USA Dillemma

Hey guys, just thought i'd give an update as to my visa quest. Had my interview today with the Melbourne US consulate, got through to the vice-consul. hen presented my case and backstory, to which he said i was ineligible for a visa but because the offence was SO out of character, he was going to strongly recommend a waiver and will be sent off this afternoon. We then discussed the waiver requirements (matter of Hranka) and my case facts are extremely similar to the matter of Hranka and therefore would be unlikely for it to be declined.

 

[flymetothemoon]

Re: USA Dillemma

Hey guys, just thought i'd give an update as to my visa quest. Had my interview today with the Melbourne US consulate, got through to the vice-consul. hen presented my case and backstory, to which he said i was ineligible for a visa but because the offence was SO out of character, he was going to strongly recommend a waiver and will be sent off this afternoon. We then discussed the waiver requirements (matter of Hranka) and my case facts are extremely similar to the matter of Hranka and therefore would be unlikely for it to be declined.

Jorza: What questions did the officer ask when you were interviewed and approximately how long did it go for?

 

[jorza]

Re: USA Dillemma

Jorza: What questions did the officer ask when you were interviewed and approximately how long did it go for?

It was a standard interview. 5 or so minutes. Asked questions that I had read were going to be asked. It was the same type except I was able to show the extreme circumstances and show rehabilitation whilst giving him a barrage of character references which showed it was very very out of character. And I was given a waiver. Which was sent out yesterday.