VISA Waiver Program to USA

[The Rok]

Well, I cant help with LAX. However, I do not enjoy US Immigration at the best of times. My passport is Irish and I have no convictions, arrests or history at all. However, I do have a Egyptian stamp and a Turkish stamp on my passport, which US Immigration DO NOT LIKE for some reason.

I still get through, but not before 2- -4 hours of questioning.

 

[Skyring]

My passport is Irish and I have no convictions, arrests or history at all. However, I do have a Egyptian stamp and a Turkish stamp on my passport, which US Immigration DO NOT LIKE for some reason.

I've got a couple of Turkish ones and an Egyptian one in mine and have had no trouble in the three times I've entered the USA since acquiring them. It must be something else, some other element in your profile.

In fact, I'll bet that a lot of American tourists visit Turkey and Egypt. My first time in Istanbul, I watched from my rooftop breakfast in Sultanahmet as a gigantic cruise liner made its way up the Bosphorus, and for the rest of the day the place was absolutely jammed with Americans in tour groups, cluttering up the Topkapi and Ayasofya. I dare say that Egypt is much the same with the Pyramids, cruises along the Nile, Valley of the Kings and so on.

 

[The Rok]

I've got a couple of Turkish ones and an Egyptian one in mine and have had no trouble in the three times I've entered the USA since acquiring them. It must be something else, some other element in your profile.

In fact, I'll bet that a lot of American tourists visit Turkey and Egypt. My first time in Istanbul, I watched from my rooftop breakfast in Sultanahmet as a gigantic cruise liner made its way up the Bosphorus, and for the rest of the day the place was absolutely jammed with Americans in tour groups, cluttering up the Topkapi and Ayasofya. I dare say that Egypt is much the same with the Pyramids, cruises along the Nile, Valley of the Kings and so on.

Well I did ask the FBI the last time I was questioned at Miami (4 Hours) and he said it was standard procedure. Upon entry that time (circa 2007) I was also questioned briefly by the Miami Dade Police and the Florida Sherrifs Dept. Again, all stated it was standard procedure blaa blaa blaa...

Either way I always get in but its just a pain. Its a little easier if I fly out of Ireland because I can clear US Customs & Immigration in Ireland, which is significantly quicker and just breeze off the plane in the USA.

 

[HBOsalesonline]

i just got an email from a friend from school who is up there as we speak... he said he had been arrested multiple times since school for various things and still ticked no on the form. No convictions though, obviously made it through no problem, but who knows as it may be a case by case person and how they are perceived at the entry point!

 

[Maca44]

My brother has three convictions for thefts with the last going back about 6 years, but even before that last conviction and since being convicted he has visited the USA annually. He answered no on the previous green form, but now also in the online ESTA application, so I don't know if USA Homeland Security/Customs & Immigrations does have access to Australian criminal histories. Time will tell, so keep us informed.

 

[Aimee85]

I'm really sorry if this has been done before but I've only just come across this website and can't seem to work out how to search, so please be patient with me.

My problem is my husband has a criminal record (recent, from about a year ago) for a non moral turpitude crime but because it's so recent we have decided to go the honest route and apply for a VISA. We will just be visiting the USA for 3 weeks in Sept 2011 with our 2 kids, and going to LA for a week and Disney World in Florida for 2 weeks.

I would like to hear from anyone who has actually had their VISA application approved. I guess I'm just hoping someone can put my nerves at ease.

So I thought I should come back and update.


As said in my previous post, my husband decided to go the honest route and apply for a Visa. We went online and made a booking for a VISA interview. We got an interview within 3 days.

He gathered together his crimal record and any and all documents that would back his case (lease agreement, cert of employment, ect) and went to the interview. It wasn't even really an interview as such, more like a bank counter. You are given a number and when your number is called you go up to the counter and give them your docs. They asked my husband a few questions about his criminal record. To our surprise it was NOT declined!! :shock: It was also not approved yet though (from what I have read on here I was expecting it to be declined on the spot and sent to the US for approval.) The interviewer told my husband that he would need to go and see one of their doctors and then they would decide if it would be approved or not.

2 days later my husband went and saw one of their doctors (which cost $340!!) The doctor sent him for a chest xray and gave him tests for std's and the like. He also was examinated and asked A LOT of questions. This took all day. Once it was finished the doctor said he will forward the results to the embassy in a couple of days.

The next day my husband called the Embassy to find out how long he would have to wait until he heard back about his VISA. They said his passort will be posted to him within 8 weeks of the original interview and it either will or won't contain a VISA.

So the wait begins.

2 days later we get a package. My husband opens it to find his passport inside!! No letter no nothing Open his passport and inside sits his VISA TO AMERICA!!!!

We are now sooooooo excited and I hope this story helps anyone ese who is going through the same thing.

 

[NM]

So I thought I should come back and update.

Thanks for reporting back with your update. Congratulations and enjoy your trip secure in the knowledge that you have followed the correct process.

 

[zetski210]

Hey all,

haven't posted on here for a while, but I just got back from the Melbourne Consulate this morning

As I stated earlier in this thread (and another regarding criminal records), I have a couple of offenses from when I was 19 (over 10 years ago). In 2008 I applied to get a ineligibility waiver which was granted along with a B1 visa for 8 months.

I am required by my work to be able to travel to the USA with very short notice and so I applied to get another visa. I was hoping to get a 60 month (5 year) visa and had a good chat to the interview officer about a couple of things:

• You can apply for a 60 month visa on your 3rd visa application FOR THE SAME OFFENSES. You must have a recent police check document (within the last 3 months) and have no new offenses listed.
• You can request your passport back at anytime and they will call you if a visa has been approved and you just take it in (no appointment required) and they will print it and send it back (1-2 days).
• You must apply for a visa EVERY TIME you intend to travel and bring a recent police check document. Your responses on the DS-160 and VWP are recorded on your passport number so if you answer YES (to being arrested) on the DS-160 or VWP, you will have to answer YES EVERY SUBSEQUENT TIME!
• US Immigration can request Australian criminal history records and the request can be processed within a few hours. It is not up to US Immigration as to if this request is granted, but up to the Aus. Federal police (AFP). If it is granted (no reasons as to why or why not), ALL CRIMINAL HISTORY will be transferred to US Immigration and compared to your DS-160 or VWP.
• For an employment visa to the US, criminal history WILL ALWAYS be requested and ALWAYS GRANTED by the AFP.
• If you're caught lying on either the DS-160 or VWP you will be BANNED from entering the US.

So after a friendly chat, she told me that my application still needed to be processed by homeland-security, but as no new offenses have occured and I have been granted a visa in the past it should only take a week or so.

 

[serfty]

...

• US Immigration can request Australian criminal history records and the request can be processed within a few hours. It is not up to US Immigration as to if this request is granted, but up to the Aus. Federal police (AFP). If it is granted (no reasons as to why or why not), ALL CRIMINAL HISTORY will be transferred to US Immigration and compared to your DS-160 or VWP.
• For an employment visa to the US, criminal history WILL ALWAYS be requested and ALWAYS GRANTED by the AFP.

...

If the issues were not of a 'sexual nature' and did not result in a jail term of six months or more, the conviction becomes "Passed" or "Spent" after 10 years. (Regulation may vary between states and territories but this is the minimum common criteria.)

Such legislation prevents any Government body (including the Aus. Federal police) from passing on information about any conviction you may have that is legally "Spent" or "Passed" to most other entities*.

Note that this would not prevent a government entity from passing on information regarding convictions that are not considered spent.

So, while a request for criminal history from USA authorities may always be granted, information passed on as a result should not include any in relation to Spent/passed convictions.

Living down the past - Spent convictions schemes in Australia -- [1994] PLPR 80; (1994) 1 PLPR 103

Spent Convictions Scheme - Australian Federal Police

*There are exclusions, but non Australian/Government bodies are not among them.

 

[zetski210]

*There are exclusions, but non Australian/Government bodies are not among them.

The only exclusions the consulate officer informed me of were regarding employment. If a potential US employer requests and receives your criminal history they have to pass on any charges/arrests to the US Immigration department if they decide to sponsor you for a visa. This is then compared to your previous (if any) VWP/DS-160 occurrences.

If you decline providing the employer with the criminal history, they can request it from the AFP, but it is up to the AFP if they provide it or not.

 

[marks]

While I always enter my address on the Qantas.com booking info, I haven't ever updated the ETSA for US trips. Always took it as valid for two years and I need to get back their web site for a few end of year trips. My ETSA approval date ends mid-year.
I do carry a print out of the ETSA approval when I head to the US. The Check-in desk always "sights" it but never have inspected it.

The last 5 trips have been different from the original booking. No probs going through. They just check my fingerprints against the first entry. And this has been landing in LAX or SFO.

Cheers.

 

[Foreigner]

Reviving this thread with email I received today:

"ATTENTION! The travel authorization submitted on August 27, 2010 via ESTA will expire within the next 30 days. It is not possible to extend or renew a current ESTA. You will need to apply for a new ESTA. Please reapply at https://esta.cbp.dhs.gov if travel to the United States is intended in the near future. If there are 30 or more days left on the old authorization you will receive a warning message during the application and be asked if you wish to proceed."

 

[Flashback]

Reviving this thread with email I received today:

"ATTENTION! The travel authorization submitted on August 27, 2010 via ESTA will expire within the next 30 days. It is not possible to extend or renew a current ESTA. You will need to apply for a new ESTA. Please reapply at https://esta.cbp.dhs.gov if travel to the United States is intended in the near future. If there are 30 or more days left on the old authorization you will receive a warning message during the application and be asked if you wish to proceed."

I received that recently too. As I have no immediate need to go there, and the Visa now costs, I won't be renewing it just for the sake of doing so!

 

[serfty]

Ours are nearly two years old having submitted them a week before the fee was introduced.

Heading back to the USA in November, so won't need to pay up with a new application until then.

Posted on a wing and a prayer ...

 

[Princess Fiona]

Just don't do what I did and renew your ESTA ( accidentally) with the wrong passport number
Sent to a special queue on arrival

 

[chrisb]

Am i correct in assuming that your ESTA only needs to be valid on the day you arrive and not for your entire trip? Mine expires mid-trip.

 

[serfty]

I suggest you check the T&C's.

Posted on a wing and a prayer ...

 

[chrisb]

I suggest you check the T&C's.

Posted on a wing and a prayer ...

Yeah, laziness.

Answering my own question:

If a travel authorization expires before the traveler leaves the United States, the traveler is not required to apply for another. The traveler will need to apply for a new travel authorization through ESTA, however, for future travel.

 

[Prof Henry]

And also make sure your travel agent has your current passport details. I forgot to do this and also ended up in the long process of being checked out on all manner of matters at LAX.

 

[tomtomfromoz]

Hi all

A very popular thread.

Lets begin with what I did. Back in 2011 I was pulled over for a DUI (0.93). After the officer moved my car, he found a HALF of a mdma capsule and subsequently I was arrested - result...I slap on the wrist. 3 month loss of licence and a GBB for 6 months. NO CONVICTION.

When it came to doing the ESTA, I was not sure what to say YES or NO to the arrested/convicted question. So, after speaking to my partner (Police Officer) we decided that honesty is the best policy. So I said YES, as I was arrested...as we thought that by showing my police documents showing no record, I would be fine. The VISA application was $160 and the Police Check $175. Also flights to Melbourne were $300 return.

RESULT: Denied. Due to offence being in the last 5 years.

So now, I have to wait 5 months (!!!!!!) for a review. This was not a great answer as we've booked flights and accom in NYC over Xmas and NY...so we stand to lose thousands of dollars.

Has anyone else been through this of late?
Does it really take 5 months??
Any words of advice??

Thanks