Criminal record and obtaining a US visa

[marco32]

Hi all,

Just looking to get some feedback if anyone with a criminal record has actually managed to get a visa for the US.

Reading tons of posts on here about the VWP / ESTA / ineligability etc it seems as though if you tick Yes to question B they pretty much deny a visa at the interview and then a waiver has to be requested from DHS. There is not a lot of information regarding people that have ended up getting a visa after this process.

My situation is that I have 12 relatively minor convictions (although 1 was for drugs) from 12 years ago. I am due to fly out in March next year and undecided if I should do the right thing or just wing it.

If anyone has any experience / info on the whole criminal record / visa process, it would be greatly appreicated.

Thanks.

[serfty]

Welcome to FT

If the offences were not of a 'sexual nature' and did not result in a jail term of six months or more (differs between the various state & Federal laws), the convictions becomes "Passed" or "Spent" after 10 years.

Current Legislation does not deal with any request for disclosure that a foreign government might make, except that the Australian government should not pass on information about someone's "spent" conviction(s).

[serfty]

This post probably explains it better than I can ...

http://www.frequentflyer.com.au/comm...tml#post193042

I would employ the electronic application and answer as suggested.

[TanyaGordon]

My flatmate has just jumped through all the hoops and secured his visa.
Here's what he did;
Fill in lots of forms
Book an appointment with the US Embassy
Pre-Pay the US Embassy $130 prior to appointment (admin fees)
Go to interview
Wait

He had a DUI charge and lost his licence for 1 month, 8 years ago.
Although he has now obtained a touring artist visa, which means he can get paid while he is there.

It really depends on the charge, the visa you want, and also if you are male or female.

[marco32]

Thanks for you replies.

Well, I managed to get my police certificate after a couple of weeks. I requested 2 copies - one I ticked for Visa application and the other I ticked for Personal Use.

On the Personal Use copy it shows the 12 convictions as expected, the last being Dec 1996. On the Visa copy it doesn't show anything, indicating that the convictions have been spent.

Now I just need to decide on my approach. If anyone has any experience of similar nature, your knowledge would be greatly appreciated. Feel free to PM me if you would prefer to keep it private.

Many thanks.

[High Horse]

My sister, being a very vague teenager, overstayed her US visa twice. When she departed last time, she was told that she could not reenter for 5 (or 10?) years.

Being a very conservative 30 something now, she still flew to Sydney for a preapproved tourist visa (as a pp suggested) as she figured that was a cheaper way of finding out if everything would be ok.

[Dougo]

Thanks for you replies.

Well, I managed to get my police certificate after a couple of weeks. I requested 2 copies - one I ticked for Visa application and the other I ticked for Personal Use.

On the Personal Use copy it shows the 12 convictions as expected, the last being Dec 1996. On the Visa copy it doesn't show anything, indicating that the convictions have been spent.

Now I just need to decide on my approach. If anyone has any experience of similar nature, your knowledge would be greatly appreciated. Feel free to PM me if you would prefer to keep it private.

Many thanks.

I would still err on the side of caution as the US officials are still very much security minded having arrived back home from the States 2 days ago and having been singled out for a Special Security check with ALL of our internal (US) flights. And our checked bags were inspected too - tho' I suspect that some missing articles (of a minor nature) were the result of the baggage handlers rather than security staff. Bottom line - use TSA approved locks on EVERYTHING that opens and shuts.

I think you would be best going to the US Consul and laying all your cards on the table. Even though your documents indicate your conviction is spent, you should tell them as they would want to know. Better to do that and get approval to enter the US than to wing it and get deported at the airport in the US. I think there is a requirement from early 2009 for everyone to apply for entry on line - ask the Consul staff when you have your appointment.

Finally, before we left OZ in Sept this year, I did ring and pay to speak to a US Consul staff member about a visa and they asked several times whether or not I had convictions (I don't) and they seemed to be interested in finding out about everything.

[TBrennan]

Hi All,

Quick question. I have applied for a visa to go to the US in June. I have 2 worries. Firstly, I have a finding of guilt (no conviction) from 9 years ago. It is a very minor charge and all I got was a fine. I have read heaps and heaps of conjecture about a yes or no answer. I'm just hoping that since it was so long ago that it doesn't become an issue.

Secondly, I was in the US in 2006 and I entered under the VWP. I'm worried that this will be counted against me, as I didn't apply for a visa the last time. I didn't even know I needed one back then, so it wasn't a deliberate action.

Any thoughts on how this might go down? I have my appointment in Melbourne on Wednesday and I'm freaking out. I'll be permanently heartbroken if I'm denied.

Thanks...

[Dougo]

I understand your worry, but you may be worrying over nothing. All you can do is go to the interview, be honest in every answer - no point in being otherwise - and hope that they will let you in.

You could ask the question - if they don't let you in, is any avenue for appeal or if you will be forever denied a visa? That way at least you'll know what you can and can't do.

Good luck.

[caggs]

This is the question you are asked on the VWP form:

B) 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?

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.



Hope this helps