VISA Waiver Program to USA

[stevemilo]

Re: Visa Waiver Programme - Newbie

Honestly, there is only so much you can get relating to a court issue so many years ago. Just take everything you can physically get to the interview and you honestly should be fine, but yes, a stat. dec is very easy to get and you could just state on it that you have received all the information available from the court and no other information is available for you.

Yes, in answer to your question: They want to know all arrests/charges even if it resulted in no conviction recorded because the USA don't recognise "Diversion" as they don't have that over there, so, it's still classed as a charge and the 5 year ban still applies. Obviously this depends on the situation and whether the charge "could" have related to jail time etc. It's complicated but they have their rules to each charge, so maybe that's why some people with VERY minor charges don't have to wait the 5 years and get it approved. Don't ask me what they would class as very minor as I honestly could not tell you.

 

[NewTraveller]

Re: Visa Waiver Programme - Newbie

Honestly, there is only so much you can get relating to a court issue so many years ago. Just take everything you can physically get to the interview and you honestly should be fine, but yes, a stat. dec is very easy to get and you could just state on it that you have received all the information available from the court and no other information is available for you.

Yes, in answer to your question: They want to know all arrests/charges even if it resulted in no conviction recorded because the USA don't recognise "Diversion" as they don't have that over there, so, it's still classed as a charge and the 5 year ban still applies. Obviously this depends on the situation and whether the charge "could" have related to jail time etc. It's complicated but they have their rules to each charge, so maybe that's why some people with VERY minor charges don't have to wait the 5 years and get it approved. Don't ask me what they would class as very minor as I honestly could not tell you.

I will take everything, including Police Certificate / Conviction Certificate, etc. I paid a visit to my local police station who stated to get arrest sheets etc after such a long time you would have to go through freedom of information, as they dont supply them for an event 10 years ago. This event occurred 10 years ago and got conviction not recorded, and i have no other criminal history, and never done jail time at all, so this 5 year ban would not apply to myself.

 

[stevemilo]

Re: Visa Waiver Programme - Newbie

I will take everything, including Police Certificate / Conviction Certificate, etc. I paid a visit to my local police station who stated to get arrest sheets etc after such a long time you would have to go through freedom of information, as they dont supply them for an event 10 years ago. This event occurred 10 years ago and got conviction not recorded, and i have no other criminal history, and never done jail time at all, so this 5 year ban would not apply to myself.

The 5 year ban did apply to you, but you have already past the ban by an extra 5 years so I am 99% sure that you will fine! From other people's experiences on here, they don't have any issues once the ban expires, unless it's for something serious like murder or kidnapping etc. whereas most probably you would be banned for life.

 

[NewTraveller]

Re: Visa Waiver Programme - Newbie

The 5 year ban did apply to you, but you have already past the ban by an extra 5 years so I am 99% sure that you will fine! From other people's experiences on here, they don't have any issues once the ban expires, unless it's for something serious like murder or kidnapping etc. whereas most probably you would be banned for life.

I have no convictions, this "theft" issue was in December 1999, and nothing has occurred before or since this. No conviction was recorded, and this 5 year ban also only applies if you need the "waiver of ineligibility" as stated here:-"Generally, the consular officer will neither recommend, nor will USCIS approve, a waiver of an ineligibility within 5 years of the completion of any sentence, nor for applicants convicted of serious felonies such as murder or kidnapping." This was only "petty theft" and I have no criminal record - hence what "no recorded" means.

This 5 year ban does not apply to me as I have not done any sentence for any criminal activity, hell never even been to prison. I have not done any serious felonies either.

 

[NewTraveller]

Re: Visa Waiver Programme - Newbie

UPDATE:

My Police Certificate with Fingerprints and Certificate of Conviction should be arriving soon. I also found out from the Queensland Police Service, all the information (documents) I require for the US Consulate regarding my theft matter can be obtained by way of a Court Brief (QP9) which contains all the details as to what occurred and the outcome. This will arrive in a couple of days.

Despite this occurring back in December 1999, im worried this Court Brief will disclose some silly things I did - put my ID in my shoe and had money on me and offered to pay for the item in after being accused of theft in order to resolve the situation. Naturally, I was not in the right frame of mind and was panicking and worrying and in shock as I'd never had an issue with the Police before. Silly mistakes indeed but I cannot undo the past, but have learnt from my mistakes - hence no criminal history since.

I just hope to god the US Consulate approve my US Non-Immimgrant Visa application and realise it was 10 years ago and I have learnt my lesson, despite the stupid things I did back then.

 

[NewTraveller]

Re: Visa Waiver Programme - Newbie

Today I received my QP9 Court Brief and am terrified if my application will be refused based on this info:-

1. Due to shock and fear at the time this occurred, I gave a different name and address to the Theft Prevention Officer at the store. What wasnt stated till later: At the time the fumes of the cosmetics are where I was from had overcome me and I had an allergic reaction, and was not in the right frame of mind when asked.

Additionally, as I had no legal representative / representation at the time and had heard of people being cautious not to reveal their full details unless to a Police Officer. I never lied to the Police Officer, I was completely honest to them.

2. Whats not stated in the brief is that at the time I had over $300 in my wallent to either exchange and pay the difference or to get a complete refund and do a new purchase.

End result, Conviction Not Recorded, paid $100 and got 3 months good behaviour. Nothing else. This was in December 1999. Should I be so damn worried about this and will the interviewing officer realise that since this I have had no other criminal issues with the Police ever, that my Visa will be approved? Additionally, after event I was employed by the Queensland Police Service as a Mail Clerk, depsite them knowing about this even that occurred beforehand.

 

[Maca44]

Re: Visa Waiver Programme - Newbie

There is no use in worrying about it. You have obtained all the documents required for the visa application, so now its just a matter of going through the process.

 

[Dave Noble]

Re: Visa Waiver Programme - Newbie

Without a crystal ball, the only way to know is applying. It would look to me to be a fairly minor offence 10 years ago, but what the US Immigration think will be what matters. Hopefully all will be ok, bon chance

Dave

 

[NewTraveller]

Re: Visa Waiver Programme - Newbie

There is no use in worrying about it. You have obtained all the documents required for the visa application, so now its just a matter of going through the process.

Easy for some to say, but hell im panicking already. Doesnt look good giving a different name address to a Theft Prevention Officer at a retail store when accused of something, but yes I was in extreme shock and regret the mistake I made. I did not do the same to a Police Officer. The thing that bugs me is will the Interviewer look at that unfavourably, despite the outcome of no conviction?

I dont want to go through all this expense and effort to find out that a transgression from 10 years ago, prevents me from obtaining a US Visa. Im sure the final outcome is more important than the content.

 

[NewTraveller]

Re: Visa Waiver Programme - Newbie

UPDATE:

I got an email from the Queensland Police Service as they are the ones who sent me the Court Brief and Police Certificate with fingerprints and they say that since the US dont have access to their system and I have no conviction, that I dont need to tell the US consulate anything. Instead show them the Police Certificate and thats it. Here is what they said:-

"My original advice to you was that if the matter was not disclosable under QLD law (that is your Police Certificate shows "no disclosable convictions", then you do not have to disclose it on your application for a US Visa.

It is your call, but the US have no access to Qld police records and they will only know about it if you tell them. Wait for you police certificate and if it s clear, then you can confidently say no and will not have to go through the next process"

So, I think its too risky to do the VWP and so no, but can go to the proper interview showing the Police Certificate and say nothing else. The QPS have admitted the US dont have access, so they wont know anyway.

So thats what the QPS said, so logically this makes sense, if they are not told they wont question, and cant check as they dont have access to the QPS database.

 

[Dave Noble]

Re: Visa Waiver Programme - Newbie

The Queensland Police are not the US Immigration Authorities. Lying to US Immigration is not something I would recommend

Dave

 

[opusman]

Re: Visa Waiver Programme - Newbie

So, I think its too risky to do the VWP and so no, but can go to the proper interview showing the Police Certificate and say nothing else. The QPS have admitted the US dont have access, so they wont know anyway.

What will you say when the interviewer asks you why you aren't just using the VWP? To me it would seem a bit suspicious that you would go to this much trouble to apply for a visa you supposedly don't need.

 

[serfty]

... So, I think its too risky to do the VWP and so no, but can go to the proper interview showing the Police Certificate and say nothing else. The QPS have admitted the US dont have access, so they wont know anyway.

So thats what the QPS said, so logically this makes sense, if they are not told they wont question, and cant check as they dont have access to the QPS database.

It's really up to you - either you try the VWP or you apply for a visa.

I happen to know of two people who lied on the I94 by answering No on the VWP form. They had no problems and in fact one has revisited the USA several times since - both currently salaried employees of Australian government entities.

One had a "Spent Conviction" from the 70's and the other had a good behavior bond term the 80's.
Please refer back to my post #9 of this thread.

Since it is just under 10 years since you had your issues, "Spent/Passed" conviction legislation may not apply in your case. You have made the appointment et al, IMHO you may as well proceed with the interview - be open, frank and honest.

 

[NewTraveller]

Re: Visa Waiver Programme - Newbie

It's really up to you - either you try the VWP or you apply for a visa.

I happen to know of two people who lied on the I94 by answering No on the VWP form. They had no problems and in fact one has revisited the USA several times since - both currently salaried employees of Australian government entities.

One had a "Spent Conviction" from the 70's and the other had a good behavior bond term the 80's.
Please refer back to my post #9 of this thread.

Since it is just under 10 years since you had your issues, "Spent/Passed" conviction legislation may not apply in your case. You have made the appointment et al, IMHO you may as well proceed with the interview - be open, frank and honest.

UPDATE:

Its now over 10 years - 2 december 1999 is when it occurred. My police certificate with fingerprints reveals "No Disclosable Outcomes". From what I have read its too risky to use the VWP on the hope something is not asked about this theft matter from over 10 years ago - as it is a legal document. The problem with lying is you never know if / when you will get caught out and then you would regret it.

I hate digging up the past and hope to god they see this as a sign that I have learnt my lesson as have had no issues with Police ever since for anything, and its always in the back of my mind. I hope honest pays off, and have been told I should have no problems with a US Visa approval.

 

[Thurston]

Re: Visa Waiver Programme - Newbie

I would've thought that VWP collects the same data as is accessed elsewhere by the US (this is, however, a presumption). I agree with a previous poster that it would seem highly suspicious to appear at the interview.

I fail to see how records that do not appear here, appear there, unless of course a foreign citizen has more information upon you than your local state government. I would also judge from another poster's comments that it would appear you are providing them with information they do not otherwise have access to.

Perhaps it's worth trying a VWP application and seeing where that gets you. If the I-94 is still in use by the time of your flight, it's simply a matter of filling that out in exactly the same manner as your VWP. If the VWP is rejected, however, you can then engage in that interview and simply state your case as you have already done in this forum. I would also imagine that if the VWP had any logic, then it would corroborate the information at the point of arrival, otherwise it serves no purpose as a screening device at the departure point.

Australia is not alone in having non-convictions or spent convictions. You'll find that many western European countries are highly similar. Generally it's acknowledged - with good behaviour, such as you've displayed - that it's a process of rehabilitation, and is seen by these countries as such, thereby a minor offense such as yours would be deleted from central records in ca. 5 years from the date of the offense.


I really wish you all the best.

 

[stevemilo]

Re: Visa Waiver Programme - Newbie

I would've thought that VWP collects the same data as is accessed elsewhere by the US (this is, however, a presumption). I agree with a previous poster that it would seem highly suspicious to appear at the interview.

I fail to see how records that do not appear here, appear there, unless of course a foreign citizen has more information upon you than your local state government. I would also judge from another poster's comments that it would appear you are providing them with information they do not otherwise have access to.

Perhaps it's worth trying a VWP application and seeing where that gets you. If the I-94 is still in use by the time of your flight, it's simply a matter of filling that out in exactly the same manner as your VWP. If the VWP is rejected, however, you can then engage in that interview and simply state your case as you have already done in this forum. I would also imagine that if the VWP had any logic, then it would corroborate the information at the point of arrival, otherwise it serves no purpose as a screening device at the departure point.

Australia is not alone in having non-convictions or spent convictions. You'll find that many western European countries are highly similar. Generally it's acknowledged - with good behaviour, such as you've displayed - that it's a process of rehabilitation, and is seen by these countries as such, thereby a minor offense such as yours would be deleted from central records in ca. 5 years from the date of the offense.


I really wish you all the best.

I personally believe that all countries that agreed to participate in the VWP allow the US to gain access to prior convictions etc. I think it's very easy for the US or any country to find out about prior convictions. It's not that hard for the Aust police to send over a list of prior convictions etc. to US customs. I certainly would not take the risk of flying somewhere, only to be turned around and sent home. I agree though about it being a process of rehabilitation but I'm sure US customs still have access to all convictions, recorded or not recorded. As I've told New Traveller, I'm sure he won't have any issue getting a visa, going by other people's experiences post 5 years.

 

[NewTraveller]

Re: Visa Waiver Programme - Newbie

I personally believe that all countries that agreed to participate in the VWP allow the US to gain access to prior convictions etc. I think it's very easy for the US or any country to find out about prior convictions. It's not that hard for the Aust police to send over a list of prior convictions etc. to US customs. I certainly would not take the risk of flying somewhere, only to be turned around and sent home. I agree though about it being a process of rehabilitation but I'm sure US customs still have access to all convictions, recorded or not recorded. As I've told New Traveller, I'm sure he won't have any issue getting a visa, going by other people's experiences post 5 years.

So I shouldnt try the VWP online application with the "No" answer to "Moral Turpitude" to see the result, or is there simply no point since my appointment and flight are booked for my interview? I just hope my "indescretion" of 10 years ago is not used to refuse my Visa. Yes I did a silly thing by giving a false name and address to a Loss Prevention Office, but hell I was in panic, disarray, shock, etc - I was not in the right frame of mind and had never been in that situation before.

 

[Dave Noble]

Re: Visa Waiver Programme - Newbie

So I shouldnt try the VWP online application with the "No" answer to "Moral Turpitude" to see the result, or is there simply no point since my appointment and flight are booked for my interview? I just hope my "indescretion" of 10 years ago is not used to refuse my Visa. Yes I did a silly thing by giving a false name and address to a Loss Prevention Office, but hell I was in panic, disarray, shock, etc - I was not in the right frame of mind and had never been in that situation before.

You would be mad to do so. If you lie on the Visa Waiver and get found out, not only are you going to be sent straight back to Australia , you will be barred from entering USA for a long while. Just go through the process and apply for a visa; being 10 years ago and fairly minor, I would be surprised if you do not get a visa granted

Dave

 

[Maca44]

Re: Visa Waiver Programme - Newbie

I would also imagine that if the VWP had any logic, then it would corroborate the information at the point of arrival, otherwise it serves no purpose as a screening device at the departure point.

If you read all the threads on this topic you will notice that the VWP and logic are far apart. You must remember that this is an American system and people get confused believing that what happens in their country should apply to the USA. It's chalk and cheese, and we must abide by the US system, play their rules or suffer the consequences. Essentially, what every thread suggests "if in doubt apply for a visa". It is definitely an inconvenience for those that have to travel for the visa interview, but it saves being turned around at your first point of entry into the USA.

 

[serfty]

I personally believe that all countries that agreed to participate in the VWP allow the US to gain access to prior convictions etc. I think it's very easy for the US or any country to find out about prior convictions. It's not that hard for the Aust police to send over a list of prior convictions etc. to US customs....

For a start, it is illegal for any Australian Authority to provide information concerning convictions that are legally regarded as "Spent" or "Passed" to any other entity.

... I certainly would not take the risk of flying somewhere, only to be turned around and sent home. I agree though about it being a process of rehabilitation but I'm sure US customs still have access to all convictions, recorded or not recorded. ...

No they don't! More than that, since provision of such information is illegal any data so provided could not be employed by a government authority.

... As I've told New Traveller, I'm sure he won't have any issue getting a visa, going by other people's experiences post 5 years.

This I agree with. As I posted earlier:

Since it is just under 10 years since you had your issues, "Spent/Passed" conviction legislation may not apply in your case. You have made the appointment et al, IMHO you may as well proceed with the interview - be open, frank and honest.