Criminal record and obtaining a US visa

[wake_crazy]

Thanks for sharing. Can I ask if you have a public criminal record for this charge or were you lucky enough to avoid a criminal record?

Also, does anyone know what the likelihood would be of getting a visa for 2 moral turpitude charges (for the one offence/same date), no criminal record and the 5 year date has just passed? Going by most posts, it seems like the results would be favourable.

flymetothemoon - it was a public criminal record

katejenno - thanks, good luck with ur husbands

 

[Dazzlebaby]

Great News and I hope my husband's visa comes through soon too. He attended his interview on March 14th and had similar stories as far as response times etc. Just wondering when you contacted them the last time did you ask them to escalate the time frame and did you mention you would have to change your travel plans? Or did mentioning the change in travel plans has made them escalate the processing. Don't want to pseter them too much inches away from the finishing line but I know I would sleep easier if we had it in our hot little hands.

I have spoken to the consulate information line today and they have asked me to send in a money order for the $25 for the 5 year Visa but have not mentioned if the approval has come through yet. We have just under two weeks before we are booked to go and if we know when it will arrive we can change my husbands flight and he come a little later and join us. We have been waiting almost 24 weeks which was a similar time frame to you so it can't be too far away. His minor crime(possession of marijuan_ less than 30 grams) was 25 years ago and they have already approved one 16 years ago when we went on our honeymoon. I thought I would mention to you when we did enter for our honeymoon they did take his passport off to photocopy but didn't speak to him about it at all. Mind you that was prior to 9/11. So be prepared for them holding you up a little at the Immigration check point. Enjoy your honeymoon.

Hey guys, been reading up of here the last few weeks, thought id share my story. I got a conviction for theft 7 years ago, only a small item.
I didn't do enough research, before i applied, so Already putting a deposit down for my honeymoon i had my interview on March 8th 2012 was told they couldnt approve it due to moral turpitude, waiting time was 3 months, i was told i was lucky i had plently of time to get a answer.

3 months later, got no response, so i emailed the consulate. I was informed the response time was now 19 weeks.

19 weeks passed, got no response, so i emailed the consulate. I was informed the response time was now 21 weeks.

waited another 2 weeks for the same thing to happen,so i emailed the consulate. I was informed the response time was now 23 weeks. Now getting closer to the date, i really needed to either give up and organize something else, or wait and hope for the best.
so i though id give it 1 last go, I sent another email off asking what was happening, to my surprise i got a response saying my case had been escalated. 2 days later (this Morning) i received a email from the consulate saying my visa was approved.
it took its time and i finally got it.
best of luck to everyone still waiting. My total wait time was 169 Days.

 

[Dazzlebaby]

My husband to is waiting for he's passport to be retuned ,(hopefully with a visa in it) 5 months is such a long time to wait.
he's crime was 30 years ago
i have sent them a couple of emails asking what the process is and they don't even respond to the question you are asking
all i got was, that they are currently taking up to a year.
Just what i wanted to hear after being told it will be 5 months.
We still have a few months to go. does anybody know what the number is that you all have been calling? all i have is the number for the visa call centre which
they tell me they have no info on the waiver of inelegibility.

The phone number was the call center one and we were emailing the us traveldocs website. We seemed to get better information from them alhtough still not much. If you need to leave before 24 weeks i really wouldn't expect it to come sooner. My husband's crime was 25 years ago and they had also previously approved a visa for him 17 years ago. I don't know if you have already booked flights etc but if the time frame is too short I would consider going elsewhere and save yourself the grief. We had already booked our trip and were able to postpone it ( at a cost of $3000) but it is still cutting it fine. They told us 5 months ago that it would take about 3 months and it has taken roughly 5.5 months and we don't have it yet. I know it seems unfair and there doesn't seem to be anyway of speeding up the process. Good luck and I hope it comes through.

 

[katejenno]

Hi Dazzlebaby
we have not booked anything as yet I won't be until we here something.
We do have plans to go April 2013 but we will have to see how it goes.
May end up just going later than planned.
Good luck with your husband I hope he receives it soon

 

[Dazzlebaby]

Best of luck to you and smart move not to make plans. It has been very stressful and frustrating and I don't know why but at least it seems to be the same experience for most people. Although I gather that different types of visas (work, representing one's country) seem to have different rules etc.

I am going to try and email them over the weekend hoping that something comes through. We will be at 169 days on thursday so it can't be too far off. Just spoiling the excitement of going on a holiday.

I don't know if your partner applied for the 5 year one but we did as we figure if we are going to go through all this we should at least have the option of another holiday prior to the visa expiring.
My fingers are crossed for you as we have fond memories of our honeymoon in Hawaii nearly 17 years ago.

Hi Dazzlebaby
we have not booked anything as yet I won't be until we here something.
We do have plans to go April 2013 but we will have to see how it goes.
May end up just going later than planned.
Good luck with your husband I hope he receives it soon

 

[katejenno]

you've got me thinking Dazzelbaby................... i didn't see anything on the form about applying for a 5 year visa.
I agree 5 years is the way to go.

 

[MattSydney]

Just wanted to provide an update on my case - I went for an interview on June 8th, which by my count is 81 days ago. I was originally told 2 - 3 months processing time. By the sounds of this forum I will have to wait around 160 days, which means I am only half way through!

Guess I can say goodbye to the holiday I planned on taking from October - November.

Thanks USA!

 

[Dazzlebaby]

Hi
we emailed the consulate on Sunday and received a response that my husband's case was going to be Escalated and they would be in touch when they had a response. Going on what was written last week we will hopefully be getting the visa this week. It will be 24 weeks tomorrow or 167 days since my husband's appointment. Just for other people who are wondering as I know it can feel really frustrating thinking it will only take a few months but I think a realalistic timeframe is currently 24 weeks approximately. Good luck to anyone else waiting on a visa.

Hoping my husband's will arrive in the next few days as we leave in 9 days. Big fingers crossed.

Just wanted to provide an update on my case - I went for an interview on June 8th, which by my count is 81 days ago. I was originally told 2 - 3 months processing time. By the sounds of this forum I will have to wait around 160 days, which means I am only half way through!

Guess I can say goodbye to the holiday I planned on taking from October - November.

Thanks USA!

 

[Deleted member]

I dont know if this is going off topic. BUT I recall a case about 20 years ago, where a Person who had moved to Australia with family as a baby (born in germany) BUT was NOT a naturalised citizen, was arrested on a minor drug posession charge and was deported back to Germany.
He did eventually get back to Australia, but there was a lot of time and angst in between.
I wonder if a NZ citizen had the same thing happen, would they be deported to NZ ( I am an expat and have not naturalised myself as I cam here in the 70's under a much nmore liberal open door policy) I am not worried about myself here BTW (I am not now nor ever have been a user of illegal drugs etc) .
But it does beg the question about how Australia deals with the whole criminal act issue . with non citizens

 

[nickykim]

If you do something serious enough they will send you back to the country of your citizenship.

It's my understanding that if you aren't Australia born, hold Australian citizenship and citizenship in/of a second country, if you do something seriously bad, your Australian citizenship will be removed and you will be deported to the other country.

The first happens reasonably frequently, the latter not often.

 

[Oxyriffs]

Hi
we emailed the consulate on Sunday and received a response that my husband's case was going to be Escalated and they would be in touch when they had a response. Going on what was written last week we will hopefully be getting the visa this week. It will be 24 weeks tomorrow or 167 days since my husband's appointment. Just for other people who are wondering as I know it can feel really frustrating thinking it will only take a few months but I think a realalistic timeframe is currently 24 weeks approximately. Good luck to anyone else waiting on a visa.

Hoping my husband's will arrive in the next few days as we leave in 9 days. Big fingers crossed.

Hey Dazzlebaby......... any updates?

 

[Sammyt]

Hi,

My husband is in the same position, he has a record that is over 15 years old and has been to the states twice in the last couple of years. We planned a trip to Hawaii in late October. He went to his appointment late June to be horrified to find out its a 5 month wait. Leaving us in trouble with our booking by a couple of weeks. Yes I know not supposed to book with out a visa however past experience has had a much quicker turn around. We did not see any warnings on the application stating a delay or we would have arranged this sooner.

We emailed on the weekend asking if we had any hope of getting the visa, they sent a nice response but the delays are now 25 weeks making it nearly 6 months, so not a hope unless there is a death or other genuine emergency.

Seriously what can be that hard to do that takes this process so long? I can understand if they are first timers, recent convictions this is so frustrating. We have now changed our bookings to the end of January for a smal fee but I am worried this going to continue to blow out.

Frustrated
sammyt

 

[flymetothemoon]

Hi,

My husband is in the same position, he has a record that is over 15 years old and has been to the states twice in the last couple of years. We planned a trip to Hawaii in late October. He went to his appointment late June to be horrified to find out its a 5 month wait. Leaving us in trouble with our booking by a couple of weeks. Yes I know not supposed to book with out a visa however past experience has had a much quicker turn around. We did not see any warnings on the application stating a delay or we would have arranged this sooner.

We emailed on the weekend asking if we had any hope of getting the visa, they sent a nice response but the delays are now 25 weeks making it nearly 6 months, so not a hope unless there is a death or other genuine emergency.

Seriously what can be that hard to do that takes this process so long? I can understand if they are first timers, recent convictions this is so frustrating. We have now changed our bookings to the end of January for a smal fee but I am worried this going to continue to blow out.

Frustrated
sammyt

I find it really funny how so many people on here complain about the waiting time but it's in big white writing on a bright red background with the word WARNING on the US Australian Embassy Website advising people that there is approximately a 5 month wait!

 

[Sammyt]

It actually wasn't when we applied.

 

[BAM1748]

It wasn't that long ago in the 90's everyone had to had a visa to enter the US, there was no waiver scheme. And a nice visa stamp it was too.

People have short attention spans these days so I guess 6 months is the end of the world, just the way things have gone in society.

 

[Oxyriffs]

I think that people are getting upset because they are told a certain time frame at the interview and then it is taking much much longer.

 

[Sammyt]

Oxyriffs

Its not just the blow out in time from what we where told at interview it's the fact that over the last two years the process could be done in 4 to 6 weeks. What can take them so long when these records are so old, performed half the time by minors who are now responsible adult citizens. They have had visas before nothing's change other than the time to process, also their need to hold the passport for this lengthy period.

Who knows? Has anyone got their visa back recently? If so how long was your wait?
Sammyt

 

[janda1]

ok quick question here, i have been researching for some time and gained some undertanding on the matter but a little more information on the process would be great

ok so i have a criminial record. A convicted charge from 2007 DUI and another conviction in 2008 for common assault in where punched someone. I was also charged in 2010 for affray (had nothing to do with the matter was merely a bystander) later found not guilty due to lack of evidence and charges dismissed, I understand that when i attend the interview with the consulate for a visa i will automatically be denied. my question is who applies for the waiver? Is it myself, or does the consulate have to recommend it? my other question is what are my chances of the waiver being granted? I am a person of good character and really hope these 2 minor incidents do not stop me travelling to the US next year, it will devestate me

 

[Maca44]

ok quick question here, i have been researching for some time and gained some undertanding on the matter but a little more information on the process would be great

ok so i have a criminial record. A convicted charge from 2007 DUI and another conviction in 2008 for common assault in where punched someone. I was also charged in 2010 for affray (had nothing to do with the matter was merely a bystander) later found not guilty due to lack of evidence and charges dismissed, I understand that when i attend the interview with the consulate for a visa i will automatically be denied. my question is who applies for the waiver? Is it myself, or does the consulate have to recommend it? my other question is what are my chances of the waiver being granted? I am a person of good character and really hope these 2 minor incidents do not stop me travelling to the US next year, it will devestate me

If you have read most of this thread you will appreciate the need NOT to book flights until you have that visa. This is the unfortunate part because you sometimes would prefer/need to book 12 months out to get deals etc, but then if your visa is subsequently refused, you have the problem of not flying losing your money. Travel Insurance does not cover this scenario either.

 

[janda1]

If you have read most of this thread you will appreciate the need NOT to book flights until you have that visa. This is the unfortunate part because you sometimes would prefer/need to book 12 months out to get deals etc, but then if your visa is subsequently refused, you have the problem of not flying losing your money. Travel Insurance does not cover this scenario either.

I haven't booked any flights yet buddy? I was just enquiring BEFORE I booked.