VISA Waiver Program to USA

[Thurston]

Re: Visa Waiver Programme - Newbie

I certainly agree, there is an inherent illogic. My point was, however, if the VWP is an effective screening device for "Homeland security", then it would prevent you from obtaining a visa initially - that's it's whole point.

I find this interesting: "British public records are not available in the United States, and it was not possible to verify independently many of the details in Mr. Horsley’s memoir."

Secondly, despite my previous comments, I'm no supporter of deceit, however legally, in this country, the OP would be entitled to say that he does not have a criminal record to a prospective employer (this has certain caveats, however in most states).

 

[Thurston]

Re: Visa Waiver Programme - Newbie

And to the OP, should you decide to attend an interview, this would be highly relevant to keep in mind, as it pertains to you from what you've said (regardless of the additional circumstances you mentioned):

Crimes of moral turpitude cover a large spectrum of offences from common assault to drug offences. However there are certain important exemptions found under INA 212(a)(2)(A)(ii):
2. The ground does not apply where the alien has committed only one crime of moral turpitude, the maximum penalty possible for the crime for which the alien was convicted or to which the alien admits having committed or of which acts the alien admits having committed which constitute the essential elements of the crime did not exceed one year of imprisonment and, if the alien was convicted of the crime, the alien was not sentenced to imprisonment for a term greater than six months, regardless of the extent to which the sentence was ultimately satisfied.


Hope that helps.

 

[NewTraveller]

Re: Visa Waiver Programme - Newbie

UPDATE:-

Im here in Sydney, attended my interview today (standing up talking through glass) at booth 3 - was asked about my "theft" issue and they asked if I was fined - I said yes $200. My fingerprints were scanned with a green machine. He then asked me if I was going for 12 months or 5 years for $30 extra I chose 5 years.

I was then told to wait for my number to be called again and this time my thumb was scanned with a red scanner. I thought this meant my visa was going to be approved. This new guy asked about the same matter so I re-iterated the same information (it was already on the official application) - no documents were asked from me at all. He then said that I was ineligible to get a visa for the time being, but he recommended that a "waiver of ineligibility" be submitted on my behalf to the US DHS. Keep in mind Im only asking for a Tourist Visa, not a work visa, not trying to immigrate - only a Non Immigrant Tourist Visa - B1/B2.

So, I did the right thing and get slapped in the face. Maybe I should have said nothing. For god's sake, this was 10 years ago and I have no convictions at all and did no jail time / sentence, and no issues before or afterwards. For a country that proclaims so much democracy, they seem to be real dictators. Apparently, this decision will take 2 to 3 weeks. Again, I have all the documentation and none of it was asked for.

This is going to be the longest wait in history.

 

[harvyk]

Re: Visa Waiver Programme - Newbie

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.

actually there are a couple of exceptions (such as applying for a job in a law enforcement agency such as customs).

I do believe however for the US, that they would not be privvy to the info. Furthermore under Australian Law the crime has no longer been considered commited.

Whilst yes we have to play to their rules to a degree, as far as the Australian legal system is concerned (which is the legal system that in this case the US is using to determine innocence or guilt in a matter), after a conviction has expired according to the spent convictions scheme, with very limited exception no offence has ever taken place.

 

[harvyk]

Re: Visa Waiver Programme - Newbie

BTW NewTraveller, good luck with the "waiver of ineligibility".

 

[serfty]

actually there are a couple of exceptions (such as applying for a job in a law enforcement agency such as customs). ...

Apologies, you are correct.

 

[Thurston]

Re: Visa Waiver Programme - Newbie

I had a feeling that might occur. You shouldn't, however, have any problems with a waiver of ineligibility.

You may want to search for this document:

U.S. Department of State Foreign Affairs Manual Volume 9 - Visas.

It can be found freely on the net as a pdf.

Very sorry to hear about your plight.

 

[markjb]

Re: Visa Waiver Programme - Newbie

UPDATE:-
So, I did the right thing and get slapped in the face. Maybe I should have said nothing. For god's sake, this was 10 years ago and I have no convictions at all and did no jail time / sentence, and no issues before or afterwards. For a country that proclaims so much democracy, they seem to be real dictators. Apparently, this decision will take 2 to 3 weeks. Again, I have all the documentation and none of it was asked for.

This is going to be the longest wait in history.

yeah sounds like you should have maybe just tried your luck........ best of luck!!

 

[Dave Noble]

Re: Visa Waiver Programme - Newbie

So, I did the right thing and get slapped in the face. Maybe I should have said nothing. For god's sake, this was 10 years ago and I have no convictions at all and did no jail time / sentence, and no issues before or afterwards.

I wouldn't call it a slap in the face. By virtue of the conviction you are ineligable for them to grant you a visa; that they have recommended that you be granted an exception and so granted a visa; seems like a good thing to me

That they didn't grant it automatically, suggests to me that you were indeed ineligable for a visa waiver and you could have had major issues if you had decided to ignore their visa requirements

Dave

 

[NewTraveller]

Re: Visa Waiver Programme - Newbie

I wouldn't call it a slap in the face. By virtue of the conviction you are ineligable for them to grant you a visa; that they have recommended that you be granted an exception and so granted a visa; seems like a good thing to me

That they didn't grant it automatically, suggests to me that you were indeed ineligable for a visa waiver and you could have had major issues if you had decided to ignore their visa requirements

Dave

UPDATE:

Naturally over the new year period US Government info on US Visa applications will be limited. All I can say is that it was annoying to have all my legal paperwork in relation to the "event" in a blue folder with me at the interview and not one document was asked for. I was always told only answer questions they ask and give them what is requested, so never offer information unless asked. A process which I followed flawlessly. I should hear more info in a couple of weeks.

Due to various factors, changes to my holiday plans have ensued. The trip to the US (upon issuance of a visa) will now take place in 2011. I will now be going on a Cruise instead for a week from Brisbane in July this year - link: P&O Cruises - Cruise Profile. The only token of hope I have is when the interviewing officer said "due to the amount of time that has elapsed over 10 years I will submit a waiver of ineligibility on your behalf" as this is not required and is purely offered case by case, so hopefully this is a glimmer of hope.

So, yes im still annoyed at how much effort and trouble I went to to be told a waiver would be required. When I read the Court Brief I was annoyed with myself for the silly things I did while in shock and panicking at that point in time, but was not in the right frame of mind at the time. I gave a different name and address to the Loss Prevention Officer, but this was not deliberate as I told my full details to police - I regret what happened those years ago but cannot change the past. Suffice to say I've had no issues with police for anything ever since.

 

[Mal]

Re: Visa Waiver Programme - Newbie

the interviewing officer said "due to the amount of time that has elapsed over 10 years I will submit a waiver of ineligibility on your behalf" as this is not required and is purely offered case by case

Based on other stories I have heard, this is actually what tends to happen. The case is passed up further, and eventually the visa is granted.

Good luck with the process.

 

[panda89]

Re: Visa Waiver Programme - Newbie

I think this is a great forum with a great deal of information on the new US regulations. I landed on this forum and this thread while googling for information on recent changes to the US VWP. A collegue of mine had her brother in immigration detention in the US because he didn't disclose a prior conviction. I don't have much information on this, but this got me thinking.

I did a silly thing 12 years ago (1997) and was arrested for shoplifting a $20 book. I eventually appreared in front of the magistrate and pled guilty. As it was my first offence with no prior trouble with the law, no conviction was recorded and no fine was imposed.

Then in 2005 I travelled to the US on the VWP and since no conviction was recorded, I didn't declare this incident during my entry into the US. I spend a great three weeks with family and friends over in the US and returned to Australia. Now my question is if I want to travel again to the US should I or shouldn't I declare this arrest?

Appreciate any input regarding this.

 

[Dave Noble]

Re: Visa Waiver Programme - Newbie

Then in 2005 I travelled to the US on the VWP and since no conviction was recorded, I didn't declare this incident during my entry into the US. I spend a great three weeks with family and friends over in the US and returned to Australia. Now my question is if I want to travel again to the US should I or shouldn't I declare this arrest?

You should declare it an get a visa. Unlikely to be refused the visa ( imo ) and much better than the risk involved in lying on the VWP form

Dave

 

[harvyk]

Re: Visa Waiver Programme - Newbie

You don't want to be caught out by the VWP. It's a long way to go to then be given accom followed by a flight back home courtest of the CBP.

Get the police to give you your record (explain that it's for a visa) and then answer the visa questions in accordance to your record. This will be the same record which the US gov't would have access to if they decided to follow up your case prior to arrival in the US.

 

[Hvr]

Re: Visa Waiver Programme - Newbie

Then in 2005 I travelled to the US on the VWP and since no conviction was recorded, I didn't declare this incident during my entry into the US. I spend a great three weeks with family and friends over in the US and returned to Australia. Now my question is if I want to travel again to the US should I or shouldn't I declare this arrest?

Appreciate any input regarding this.

You should declare it an get a visa. Unlikely to be refused the visa ( imo ) and much better than the risk involved in lying on the VWP form

Dave

So would there be any consequences from not admitting this arrest previously?

 

[harvyk]

Re: Visa Waiver Programme - Newbie

So would there be any consequences from not admitting this arrest previously?

I'm at this point in time going to suggest talking with an lawyer.

You don't want to highlight the fact that you have previously entered the country using the VWP when you where not meant to, as that could cause you all sorts of problems including being banned from travelling to the US again.

Australia has some interesting laws which are not present in other countries, such as the spent convictions scheme and the no convictions recorded ability of judges. Whilst these cause no problems in Australia they can cause problems OS.

Speaking with a lawyer is probably your safest bet.

In regards to my previous post, use it as a question to ask a lawyer. The US is very paranoid in regards to visitors and my personal opinion is that they would use any excuss they could to deny someone entry.

 

[Dave Noble]

Re: Visa Waiver Programme - Newbie

So would there be any consequences from not admitting this arrest previously?

Just be honest. If asked , tell the truth; lying ( and them realising ) is a simple way to get a long term refusal

Dave

 

[NewTraveller]

Re: Visa Waiver Programme - Newbie

This may be off topic, but considering the issue so far with the US Immigration office with my "issue" which occurred in 1999, will I have any issues on a cruise on P&O such as this one: P&O Cruises - Cruise Profile Im worried my "indescretion" will prevent me from travelling most places. Will P&O even pick up what occurred, and if so what will occur?

 

[Mal]

Re: Visa Waiver Programme - Newbie

Im worried my "indescretion" will prevent me from travelling most places.

Very few countries actually care what criminal record people have. I can't recall any country in Asia for example, which asks for any criminal history (for visa waiver purposes - getting visas or residency may involve deeper questions). The UK doesn't ask, nor does Ireland or any EU country I recall. Also, the "islands" in Asia Pacific don't really care either from what I recall.

Australia does (but doesn't matter because you're an Australian), Canada does, U.S does - and there may be some others.

Where you can get tripped up is where a visa has been refused, or refused entry at a border point. Some countries ask on immigration forms if you've previously been refused entry to a country or had a visa refused. Again this is only a small number of countries - and I don't really think they care, except to ascertain why you were refused entry and whether you are a risk to that country.

 

[NewTraveller]

Re: Visa Waiver Programme - Newbie

Very few countries actually care what criminal record people have. I can't recall any country in Asia for example, which asks for any criminal history (for visa waiver purposes - getting visas or residency may involve deeper questions). The UK doesn't ask, nor does Ireland or any EU country I recall. Also, the "islands" in Asia Pacific don't really care either from what I recall.

Australia does (but doesn't matter because you're an Australian), Canada does, U.S does - and there may be some others.

Where you can get tripped up is where a visa has been refused, or refused entry at a border point. Some countries ask on immigration forms if you've previously been refused entry to a country or had a visa refused. Again this is only a small number of countries - and I don't really think they care, except to ascertain why you were refused entry and whether you are a risk to that country.

So I would be fine to go on the cruise listed here: P&O Cruises - Cruise Profile with no issues? I dont have a criminal record as I got "conviction not recorded". I dont require a visa for this trip, hence why I've been looking at it, I believe a passport will suffice. The girl im planning to go with has got me worried saying I have to declare, yet she has never been on a Cruise, only to the US via plane about 4 times.