Criminal record and obtaining a US visa

[flymetothemoon]

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

You will definitely have to apply for a visa and you normally have to wait 5 years from the completion of any court requirements etc. If the common assault was in 2008 then the earliest you could apply would be sometime in 2013. If you don't have a criminal record from these offences then I believe they look more favourably than if you did have a record.

In relation to your question, the embassy decide to recommend a waiver at the time - they will refuse you but then decide whether or not to send it off to the appropriate department to put a waiver in for you. Good luck with it all! p.s - Normally if they approve putting the waiver in for you then and there that is a good sign!

 

[Cynicor]

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

Wow, attacking someone who is just trying to post useful information. Can't imagine how you ended up with an assault conviction, and I understand why you might think it is minor ("these 2 minor incidents").

 

[Wezza]

Wow, attacking someone who is just trying to post useful information. Can't imagine how you ended up with an assault conviction, and I understand why you might think it is minor ("these 2 minor incidents").

I don't think he attacked anyone with his post.

 

[Oxyriffs]

10 weeks now. Hoping it comes back before I get married in April and planning the honeymoon in May.

 

[Sammyt]

12 weeks for us and counting, we postponed our holiday til the end of jan that is 7 months I hope it doesn't continue to blow out.

 

[Empty]

On wednesday, it will be 24 weeks for me- followed up via email twice early August (was originally hoping to travel at the end of Aug) and was told at that time my case was due to be looked at mid October, so hopefully will have my passport back soon!

i am hoping if they do give me the waiver of inelligibility that the visa will be dated when they grant it, rather than the date of my interview! That would suck otherwise! Lol

All the best to those who are still waiting!

 

[Empty]

Also, for anyone out there thinking about applying for visa etc with police records, this link has the current waiting times (in red on the right side- 5+ months, in the text midway down the page-27+ weeks)

canberra.usembassy.gov/arrests_convictions.html

(sorry- cant post links)

 

[Oxyriffs]

On wednesday, it will be 24 weeks for me- followed up via email twice early August (was originally hoping to travel at the end of Aug) and was told at that time my case was due to be looked at mid October, so hopefully will have my passport back soon!

i am hoping if they do give me the waiver of inelligibility that the visa will be dated when they grant it, rather than the date of my interview! That would suck otherwise! Lol

All the best to those who are still waiting!

You mentioned that you have emailed them twice? Which email address did you use?

 

[Empty]

You mentioned that you have emailed them twice? Which email address did you use?

I emailed the Melbourne consulate nonimmigrant visa email- found here


canberra.usembassy.gov/visas-geninfo/melbourne.html

(My appt was in Melb- if you had an interview in a different state, I think it will have a different email)

Hope that helps!

 

[Sammyt]

Hi empty can you let us know when you get yours sorted it would be interesting to know how far the wait has blown out to now. We are at 16 weeks we where told 20 at the interview so when we realized the delays we rescheduled. We where to travel next Friday and now we want to travel at the end of jan which is 30 weeks. I am worried that not going to be enough time now??? We have Had two visas before and they have never taken anywhere near this time thought we would be well and truly fine to travel when we booked. Yes we know they say not to book but past history has shown my husband won't have an issue with getting the visa as it is such a long time ago and he is now an up standing citizen.

 

[Empty]

I got my passport back today... With a visa in it! Woot!

Almost 25 week wait, but now have a valid visa for the next 12 months.

I'm guessing anyone currently in the queue will be waiting a little longer unless things change for the better in the near future- I think when I went for the interview they were advising 18 week waits, currently their website is saying 27 weeks.

All the best to those still waiting- I hope you have a happy ending!

 

[Dazzlebaby]

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

I posted on this site a few months back in regards to my husband's case.
He attended interview March 14th and was informed that it was taking 12 weeks.
We were initially told at 12 weeks that it was taking 18 weeks.
At 19 weeks they told us 21 weeks then 24 weeks.

The children and I were booked to fly out 6th September and we have made phone calls and emails and basically got the " we will contact you as soon as we get information back from USA". Co-incidentally it arrived the last day of our 3 week holiday.

Sadly the children and I had to fly out without my husband and he received the passport in the post on the 24th September and it had been stamped 20th September. They did not contact him and they had previously told him that he would have to pick it up personally from the Post office in the city.

Basically Interview 14th March
Passport stamped 20th September
Received 24th September

process time was 28 weeks or 194 days.

Stamped valid for 12 months 20/9/2013.

He and I are now flying back to the USA in a few weeks to use up his flight and the accommodation we have in credit.

We are prepared that when he arrives in the USA that they will probably hold him for 2 hours before they let him in. Someone we were talking to told us that, that happened to her two years ago. Basically held her for two hours then finally interviewed her and let her in. Just in case you have connecting flights or travelling with anyone. They also wouldn't let her talk to her boyfriend to tell him what was going on. She did also mention that she has recently applied again for the visa for her honeymoon next year and the process has only taken 12 weeks. Not sure if this is because she went a few years ago or because her conviction was for DUI.

With visa in passport we are headed back there in November.

hope this helps

 

[Flashback]

I posted on this site a few months back in regards to my husband's case.
He attended interview March 14th and was informed that it was taking 12 weeks.
We were initially told at 12 weeks that it was taking 18 weeks.
At 19 weeks they told us 21 weeks then 24 weeks.

The children and I were booked to fly out 6th September and we have made phone calls and emails and basically got the " we will contact you as soon as we get information back from USA". Co-incidentally it arrived the last day of our 3 week holiday.

Sadly the children and I had to fly out without my husband and he received the passport in the post on the 24th September and it had been stamped 20th September. They did not contact him and they had previously told him that he would have to pick it up personally from the Post office in the city.

Basically Interview 14th March
Passport stamped 20th September
Received 24th September

process time was 28 weeks or 194 days.

Stamped valid for 12 months 20/9/2013.

He and I are now flying back to the USA in a few weeks to use up his flight and the accommodation we have in credit.

We are prepared that when he arrives in the USA that they will probably hold him for 2 hours before they let him in. Someone we were talking to told us that, that happened to her two years ago. Basically held her for two hours then finally interviewed her and let her in. Just in case you have connecting flights or travelling with anyone. They also wouldn't let her talk to her boyfriend to tell him what was going on. She did also mention that she has recently applied again for the visa for her honeymoon next year and the process has only taken 12 weeks. Not sure if this is because she went a few years ago or because her conviction was for DUI.

With visa in passport we are headed back there in November.

hope this helps

Was her only conviction DUI? If so, why didn't she enter under the VWP? It's not a "crime of moral turpitude".

 

[Dazzlebaby]

Was her only conviction DUI? If so, why didn't she enter under the VWP? It's not a "crime of moral turpitude".

Not sure I don't know her very well. I do know of other people who have also applied with DUI. Was granted after interview process. I guess people who are being truthful sometimes end up being disadvantaged. It was for .05 so after they made her wait two hours because she was .05 and there level is .08 they let her in.

 

[flymetothemoon]

I posted on this site a few months back in regards to my husband's case.
He attended interview March 14th and was informed that it was taking 12 weeks.
We were initially told at 12 weeks that it was taking 18 weeks.
At 19 weeks they told us 21 weeks then 24 weeks.

The children and I were booked to fly out 6th September and we have made phone calls and emails and basically got the " we will contact you as soon as we get information back from USA". Co-incidentally it arrived the last day of our 3 week holiday.

Sadly the children and I had to fly out without my husband and he received the passport in the post on the 24th September and it had been stamped 20th September. They did not contact him and they had previously told him that he would have to pick it up personally from the Post office in the city.

Basically Interview 14th March
Passport stamped 20th September
Received 24th September

process time was 28 weeks or 194 days.

Stamped valid for 12 months 20/9/2013.

He and I are now flying back to the USA in a few weeks to use up his flight and the accommodation we have in credit.

We are prepared that when he arrives in the USA that they will probably hold him for 2 hours before they let him in. Someone we were talking to told us that, that happened to her two years ago. Basically held her for two hours then finally interviewed her and let her in. Just in case you have connecting flights or travelling with anyone. They also wouldn't let her talk to her boyfriend to tell him what was going on. She did also mention that she has recently applied again for the visa for her honeymoon next year and the process has only taken 12 weeks. Not sure if this is because she went a few years ago or because her conviction was for DUI.

With visa in passport we are headed back there in November.

hope this helps

If he's been issued with a visa, there wouldn't be a reason to interview him when you get to customs - he can just go straight through.

 

[flymetothemoon]

I got my passport back today... With a visa in it! Woot!

Almost 25 week wait, but now have a valid visa for the next 12 months.

I'm guessing anyone currently in the queue will be waiting a little longer unless things change for the better in the near future- I think when I went for the interview they were advising 18 week waits, currently their website is saying 27 weeks.

All the best to those still waiting- I hope you have a happy ending!

Gr8 news! Just goes to show, it's best to wait the 5 years and then hope for the best!

 

[Dazzlebaby]

If he's been issued with a visa, there wouldn't be a reason to interview him when you get to customs - he can just go straight through.

I know they should but just going on what the girl told me. She had her visa issued also but better to be prepared for it and then they let you through straight away. It is better than stressing about connecting flights or waiting partners etc. I will let you know when we go in November what happens. I remember when we went 17 years ago (pre 911) that they took his passport away for about 5 minutes and then returned stamped it and said nothing. I am afraid that it is their country and we are all at the mercy of their rules and whatever the immigration officer feels like doing.

 

[flymetothemoon]

I know they should but just going on what the girl told me. She had her visa issued also but better to be prepared for it and then they let you through straight away. It is better than stressing about connecting flights or waiting partners etc. I will let you know when we go in November what happens. I remember when we went 17 years ago (pre 911) that they took his passport away for about 5 minutes and then returned stamped it and said nothing. I am afraid that it is their country and we are all at the mercy of their rules and whatever the immigration officer feels like doing.

I've never heard of anything like that happening before if you've been issued a visa. I'd be surprised if he is taken away for questioning. Yes, definitely let us know Cheers!

 

[Sammyt]

Hi my husband has had two visa waivers and both times when he landed he has been taken aside and questioned. First time was a bit of a shock and they asked a lot of questions. Second time it was just a formality so be prepared it seems like just another opportunity for them to make you feel bad about a really old juvenile record. This is also after having the big interview at the consulate and a process of waiting for the passport to be returned.

 

[NM]

Hi my husband has had two visa waivers ...

Are you sure you meant to use the words "visa waiver" there? The Visa Waiver program is for people who do not require to apply for a visa. Those who do not qualify under the visa waiver program (i.e. those with certain type of criminal convictions) must apply for a visa. I expect you mean that he did not qualify under the Visa Waiver program so applied for a Visa, was initially rejected, and then had an ineligibility waiver application lodged to the DHS in the United States. In this case the "waiver" is for the ineligibility conditions, and if that waiver application is upheld, he is granted a Visa and is then entering the USA under the issued Visa conditions and not under the "Visa Waiver Program".

So I assume he has not had "two visa waivers", but has had two visas issued as a result of successful applications for visa ineligibility waiver consideration by DHS in the USA.