VISA Waiver Program to USA

OK,

so after reading the whole of this thread (pheew, it took a while), I would like to add my story.

I'm hoping to travel to the US in November to present at a conference. My university is going to fully fund the 7 day trip and my employer is also encouraging me to go.

Problem is, 8 years ago I stupidly stole some number plates, did a petrol drive-off (for $20.50 worth of fuel, back when prices were'nt that expensive), got caught, arrested, but was not convicted. Sometimes it pays to use a really expensive laywer.
I ticked "yes" to the bit on the VWP form and consequently now have to arrange an interview.

Dunno what my chances are, I have documents from my university and employer requesting that I obtain a visa. I have been "invited" into the US, I have a good job (meaning that I'm not going to stay there and work).

Do I need to provide police records for the interview? I have the forms from the court case detailing the charges and conditions ($100 court costs, 12 month behaviour bond).

I'll call the police tomorrow and see what they say.

Wish me luck!!
 
OK,

so after reading the whole of this thread (pheew, it took a while), I would like to add my story.

I'm hoping to travel to the US in November to present at a conference. My university is going to fully fund the 7 day trip and my employer is also encouraging me to go.

Problem is, 8 years ago I stupidly stole some number plates, did a petrol drive-off (for $20.50 worth of fuel, back when prices were'nt that expensive), got caught, arrested, but was not convicted. Sometimes it pays to use a really expensive laywer.
I ticked "yes" to the bit on the VWP form and consequently now have to arrange an interview.

Dunno what my chances are, I have documents from my university and employer requesting that I obtain a visa. I have been "invited" into the US, I have a good job (meaning that I'm not going to stay there and work).

Do I need to provide police records for the interview? I have the forms from the court case detailing the charges and conditions ($100 court costs, 12 month behaviour bond).

I'll call the police tomorrow and see what they say.

Wish me luck!!

Arrange your interview asap in case you need to obtain a Police Certificate, in which case it takes a while to do. You have to arrange it with the Police (in NSW anyway) pay I think $140 for the process, and hopefully they will have confirmation of no convictions recorded before your next interview with the US Embassy. From the experiences of others I think it depends on the attitude of the Consulate Officer on the day as to whether they will issue a Visa.
 
I booked a fingerprint record yesterday ($157 AUD) from the VIC police. They said it takes about 10 working days, and my interview is in 2 weeks (10 working days). I may push the interview back another week just to be sure, but I'm scheduled to fly out on the 7th November.
 
Good luck with that - I guess it would be an awkward situation with your employer at the moment.
 
Good luck with that - I guess it would be an awkward situation with your employer at the moment.
No, I have never been asked about any form of criminal/police record as I was never interviewed for the job. I was "head-hunted" for the position.

Always new that one stupid mistake would come back to bite me!
 
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OK, so I went in for my "interview" at the consulate the Friday before last.

It wasn't an interview at all, they just took my application form, finger-print check and passport and after a couple of hours told me that "due to INA regulations, the consulate is unable to issue a visa".


So, if you are ineligible for the VWP under any of the conditions listed on the DS156 form, then technically you are ineligible for a visa full stop. However, the consulate can request a waiver of ineligibility and then the approval for a visa must come from the DHS in Washington.

I'm scheduled to leave on the 7th November and now I just wait....they kept my passport and told me they would make every effort to get a visa prior to the 7th.
 
Sounds like the DHS is really working hard to stop those undesirable elements from visiting their country.

Seriously, good luck and hopefully the Melb Consul can push it through.
 
Hi All, first time poster here. I've been reading this thread with great interest to say the least as well as other forums on the internet with regards to entering the US via the VWP (which I've done before 12 years ago). I am due to leave next week 8th November on a round the world trip & see family in Canada along the way whom I haven't seen in almost 12 years. Unfortunately, instead of being "excited" & happy about this trip, I am now feeling more & more anxious & somewhat helpless & scared as to what may happen at LAX when I land there in transit to Toronto. It's now gotten to the point where I am even seriously considering pulling the plug altogether because it's too late to obtain a Visa in Sydney OR even re-route my trip to bypass the US which could cost me a lot of money..again. My problem is that I've got a MINOR DUI (QLD) nearly 4 years ago - this was my first & last offence of this nature. When I say minor, I was only .003 above the legal limit, so I had a reading of .053! I was never arrested or finger-printed etc. I simply paid a fine & got my licence suspended for 1 month. I am fully aware of how the VWP works & how it asks about arrests or convictions of crimes involving "Moral Turpitude" etc. Now, I got a Police Certificate about 2 years ago & it came back with a "no disclosable court outcomes". It went on to say further that I have no convictions (criminal) recorded etc. I questioned the police at the time & again recently as to why my DUI offence is not recorded. They both simply told me that because it was such a LOW reading (which it was), it does NOT appear in my criminal file & as such is classified more as a traffic violation & would appear in my Traffic Conviction File instead. I obviously had no reason to doubt them as my Police Certificate was clear & confirmed what they said. Now, my dilemma is, based on this information (about the clean Police Certificate), am I rightfully able to tick NO in the I-94W & get through LAX &/or Toronto immigrations with no issues? OR, will this "undisclosable court outcome" all of a sudden 'appear' outside Australia ie. the US/Canada? I've thought about this many times over but I really can't see HOW the database that the US/Canada can access would be any different to the one in Australia. I've spoken to friends who have recently travelled to both the US & Canada & some had the same issue (minor DUI) & they all believe I would be fine as the US & Canada do not have access to Aussie Traffic Convictions, although I believe they may have access to criminal files but may be limited to certain convictions? As you can imagine, this is really doing my head in because I don't particularly want to lie OR stupidly volunteer information that I shouldn't have & risk being deported back from the US. I've thought of the worst case scenario that IF they do find out about it, that I can honestly explain to the immigration officer that as far as my record back in Australia is concerned & confirmed by police, that I don't have a criminal record, specially one involving Moral Turpitude, so I have no reason to answer YES in the I-94W? I am articulate & can respectfully & confidently speak to people specially in authority so I'm sure I'll be fine with this approach. I don't believe I would be lying either because I am only going by what is not in my Police Certificate & what the police have told me, right?

If there's anybody out there who can provide some insight into this situation or even have first hand experience of the same or similar situation, it would be greatly appreciated. At this stage, I'm still leaning towards going ahead with the trip (but just) & having a 'prepared' explanation in case I do get questioned & see how I go. They may understand my situation & let me in, hopefully! I believe I've got 2 things in my favour: 1) Clear Police Record 2) Very BAC Low Reading.

Just one other thing, I'm really disappointed with my travel agent as she didn't even know about this until I discovered it for myself & told her! I think that as part of their customer service, they should be telling their customers about the potential risks their customers face when travelling to the US &/or Canada if they've got a criminal conviction etc. Surely, I'm not the only one in the same boat!

Thanks everyone.
 
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My problem is that I've got a MINOR DUI (QLD) nearly 4 years ago - this was my first & last offence of this nature. When I say minor, I was only .003 above the legal limit, so I had a reading of .053! I was never arrested or finger-printed etc. I simply paid a fine & got my licence suspended for 1 month. I am fully aware of how the VWP works & how it asks about arrests or convictions of crimes involving "Moral Turpitude" etc.
From my experience you have nothing to worry about. I went through the USA in August 2007 and I had a previous DUI mid-range offence. I did not apply for a US visa in Australia but applied to enter the USA under the VWP.

Upon entry to the USA I declared my previous DUI offence on the I-94W and had the relevant court documents with me. The officer went through all the documents and after asking a series of questions gave me the all clear. This took around 15-20 minutes.

Now, my dilemma is, based on this information (about the clean Police Certificate), am I rightfully able to tick NO in the I-94W & get through LAX &/or Toronto immigrations with no issues?
The US immigration/customs officer who interviewed me also advised me next time not to declare any prior DUI convictions, unless they involve a jail sentence, but to keep a copy of court documents with me.

OR, will this "undisclosable court outcome" all of a sudden 'appear' outside Australia ie. the US/Canada? I've thought about this many times over but I really can't see HOW the database that the US/Canada can access would be any different to the one in Australia. I've spoken to friends who have recently travelled to both the US & Canada & some had the same issue (minor DUI) & they all believe I would be fine as the US & Canada do not have access to Aussie Traffic Convictions, although I believe they may have access to criminal files but may be limited to certain convictions?
In my opinion minor traffic offences are not exchanged between countries.

I think you have nothing to worry about.
 
From my experience you have nothing to worry about. I went through the USA in August 2007 and I had a previous DUI mid-range offence. I did not apply for a US visa in Australia but applied to enter the USA under the VWP.

Upon entry to the USA I declared my previous DUI offence on the I-94W and had the relevant court documents with me. The officer went through all the documents and after asking a series of questions gave me the all clear. This took around 15-20 minutes.


The US immigration/customs officer who interviewed me also advised me next time not to declare any prior DUI convictions, unless they involve a jail sentence, but to keep a copy of court documents with me.


In my opinion minor traffic offences are not exchanged between countries.

I think you have nothing to worry about.

Thanks heaps JohnK, I am starting to feel a little more at ease about this whole situation which have been sapping away my excitement & enthusiasm for this trip!

I guess the only thing is though, I may instead either scan to a flash-drive (I'm travelling with a laptop) or email my court documents & certificate to a web-based email address as I feel if I bring this with me in my person, the immigration/customs officer may think it's pre-empting something & may in fact even attract unnecessary attention & questioning etc. Only when the situation arises will I bring this documents up IF required.

All in all, having thought about it again (yeah, it's pretty pathetic), I'm pretty sure I'll be fine. It all really depends on how the immigration/customs officer "feel" on the day &/or how the two of you interact etc.

Anybody else out there with a similar experience or opinions, please let me know. I will also let everybody know here when I come back, how I got on, to help others in similar situations!
 
ozflyer,

Welcome to AFF.

I agree and support what JohnK has said and if i was you I would go happily and tick NO on the form.

If it had been me however and I if I was as concerned as you appear to be I would have asked via the US embassy rather than taking my chances in an online forum where all you are really getting is opinion and experiences rather than the actual government interpretation.
 
ozflyer,

Welcome to AFF.

I agree and support what JohnK has said and if i was you I would go happily and tick NO on the form.

If it had been me however and I if I was as concerned as you appear to be I would have asked via the US embassy rather than taking my chances in an online forum where all you are really getting is opinion and experiences rather than the actual government interpretation.

Thanks for the welcome straitman!

I also agree with the both of you - with regards to ticking NO. I think the chances of me getting through fine by ticking NO is far greater than by ticking YES & being interrogated & possibly miss my connecting flight to Toronto. IF they do pick up something after I ticked NO, then by all means I can always give my explanation & take it further from there.

I have thought of calling the US Consulate on several occasions, but what kept stopping me from doing so each time, is the thought of being 'recorded' as having asked about this (DUI) & may be flagged somehow. I know it sounds a bit farfetched BUT in this day & age, it's a possibility nonetheless, especially when you're dealing directly with the US Consulate. So I rather not stir anything up at this point & besides, I wouldn't be surprised if they simply just give me a generic reply: "If in doubt, get a visa...".

As with the interpretation of "Moral Turpitude", it's quite clear that even the US government themselves (here & overseas) are divided as to what does or does not constitute a Moral Turpitude ie. DUI. I've even read an actual US Government post that clearly stated that a DUI is NOT a Moral Turpitude, so go figure! I even spoke with my cousin who's an FBI in the US & he said that they are NOT interested in DUIs (specifically minor ones). If you are a drug-trafficker or terrorist however, well that's a different story & they will want to know ALL about you!

I think this forum is great & even though I am getting only opinions & experiences, it's still helping me make an 'informed decision', so thanks to all those that reply. At the end of the day, it does go back to the traveller themselves to decide which direction they should go.
 
At the end of the day, it does go back to the traveller themselves to decide which direction they should go.

This does not neccessarily apply to their luggage, however.

It will be interesting to see how the new web system works, where you have to complete the form ahead of time via a webpage. During the process, a small and essentially harmless piece of software is installed onto your computer which insures that spelling, date formats and so on comply to US standards to eliminate confusion.
 
Hi All,

I am applying for a B1 Visa, my interview is on the 10th November. It says I need a 5cm*5cm photograph of me on a white background. Can someone tell me if a passport photo is suitable for this (think it is 5cm*3cm)... If not what type of photo comes out at 5cm*5cm?
Thanks
 
Hi All,

I am applying for a B1 Visa, my interview is on November 10th. It says I need a 5cm*5cm photograph of me on a white background. Can someone tell me if a passport photo is suitable for this (think it is 5cm*3cm)... If not what type of photo comes out at 5cm*5cm?
Thanks

Ah, just paste an ordinary passport photo of you against a white background onto a piece of white cardboard and then cut out a centimeter extra on each side so you come out square. The extra room is so that staff can trim the photograph precisely down to the standard size.
 
I have two friends; one was arrested and charged with shoplifting over 10 years ago and about 8 years ago the other one was arrested and charged with 'taking and using a conveyance without owners permission (essentially steal motor vehicle in a moment of intoxication). This was a first offence for both persons, and they given a good behaviour bond when they went to court. The second person involved with the motor vehicle has travelled to the USA on no less than 7 times since his arrest with his last trip being August 08. He ticks "no" on the entry form, has his photo/fingerprints taken and enters without a question. I do not condone what he does but it tends to confirm that US Immigration does not have access to the criminal history of Australians wanting to enter the country. The first mentioned person has entered the USA also writing 'no' on the form without a problem, and he has been there a couple of times over the past 10 years.

However, your situation is completely different and if I were in your position I would feel quite confortable writing 'no' on the form as you haven't been arrested and/or charged.

Also, it is not compulsory to go to the esta website https://esta.cbp.dhs.gov/esta/esta....A382D67_kEE7D909F-EE1D-8F61-2348-D47B8BB86772 for pre checking your visa requirements until January 2009
 
Further to the previous information, this is the question asked on the esta webpage:

2b. Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance; or been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years or more; or been a controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities?

It then states:

Crimes involving moral turpitude - Such offenses generally involve conduct which is inherently base, vile, or depraved and contrary to the accepted rules of morality and the duties owed to persons or society in general. There are factors, such as the age of the offender or the date of the offense, that may affect whether an offense will be considered a crime involving moral turpitude for purposes of the Immigration and Nationality Act.

For further information refer to § 212(a)(2) of the Immigration and Nationality Act, 8 U.S.C. § 1182(a)(2), § 101(a)(43) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(43) and corresponding regulations in the Code of Federal Regulations.

Again, you do not fall into this category..
 
Further to the previous information, this is the question asked on the esta webpage:

2b. Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance; or been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years or more; or been a controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities?

It then states:

Crimes involving moral turpitude - Such offenses generally involve conduct which is inherently base, vile, or depraved and contrary to the accepted rules of morality and the duties owed to persons or society in general. There are factors, such as the age of the offender or the date of the offense, that may affect whether an offense will be considered a crime involving moral turpitude for purposes of the Immigration and Nationality Act.

For further information refer to § 212(a)(2) of the Immigration and Nationality Act, 8 U.S.C. § 1182(a)(2), § 101(a)(43) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(43) and corresponding regulations in the Code of Federal Regulations.

Again, you do not fall into this category..

Thanks heaps Maca44 for taking the time to research further on this topic, I appreciate it.

To tell you the truth, deep down I really do feel that I would be alright as ALL the supporting evidence points to the fact that my slight error in judgment almost 4 years ago is NOT in the category that would affect my future travels but I guess I'm just one of those people who have to be certain 99% if you know what I mean & in life, unfortunately that is not always the case, right?

As for the ESTA, it is only voluntary as of August '08 but will be mandatory as of 12th January 2009 so at this point as far as I know, I'll just go with the I-94W in the plane since I still have that option because if I get a decline in the ESTA for whatever reason & I could no longer use the VWP, I don't have the time to get a Visa in Sydney!

The ONLY other thing that bothers me though, is that when I was renewing my passport about 2 months ago, I discovered that the Departure Card was still stuck in my old passport! I couldn't remember how/why this wasn't taken from me but we're talking about nearly 12 years ago & I haven't flown overseas in that time..ever.

Now, I know that I may be flagged as having overstayed the US, but do you think it would be wise just to bring my old passport with me which would have stamps of other countries outside the US & credit card receipts of purchases I've made OUTSIDE of the US? Surely after 12 years they would understand this...
 
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The ONLY other thing that bothers me though, is that when I was renewing my passport about 2 months ago, I discovered that the Departure Card was still stuck in my old passport! I couldn't remember how/why this wasn't taken from me but we're talking about nearly 12 years ago & I haven't flown overseas in that time..ever.

Now, I know that I may be flagged as having overstayed the US, but do you think it would be wise just to bring my old passport with me which would have stamps of other countries outside the US & credit card receipts of purchases I've made OUTSIDE of the US? Surely after 12 years they would understand this...

Without any doubt at all i would take it !, dont show it unless asked or questions but i would take it. My "old" passport has saved me a few questions a couple of times to other counties, i have had to pull it out to explain.

E
 
The ONLY other thing that bothers me though, is that when I was renewing my passport about 2 months ago, I discovered that the Departure Card was still stuck in my old passport! I couldn't remember how/why this wasn't taken from me but we're talking about nearly 12 years ago & I haven't flown overseas in that time..ever.

Now, I know that I may be flagged as having overstayed the US, but do you think it would be wise just to bring my old passport with me which would have stamps of other countries outside the US & credit card receipts of purchases I've made OUTSIDE of the US? Surely after 12 years they would understand this...

Yes definitely, and if the question was asked this would also show previous entries to the USA and you would be able to prove from your old passport that you left the country. I believe the check-in staff are responsible for removing the green VW slip stapled in your passport.
 

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