VISA Waiver Program to USA

[flymetothemoon]

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

Thanks for your post and the info you have provided. In all honesty, I would not waste valuable resources going back in 5 months - it's 5 years from the official end of any completion of any offence, therefore I would wait until 2016 especially being a drug conviction. Good luck!

Sorry - I have just edited this as I might have read your information incorrectly. Are you saying that your application was forwarded to Washington to get an approval or were you told that the waiver will not be sent for an approval?

 

[Flashback]

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

I presume you mean 0.093 as at 0.93 I'm not sure you'd be here today :shock: The DUI in itself is not an issue for the VWP however the other thing may be.

 

[The Rok]

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

Unfortunately I think you need to cut your losses and book another holiday else where. Narcotics are one of the primary reasons for denial of a visa to the US. I cannot see any way of you actually getting it. I think maybe if your insistent on going then go and see a US immigration lawyer and see what the suggestion is.

 

[tomtomfromoz]

SeApologies, it was 0.093 yes.

Well the girl at the consulate said that she couldn't issue me with a visa waiver, so my application and police documents will be sent to that US for a review. This will take 5 months. I was told a lot of cases with no conviction get thru, but its the wait that will kill me.

As we are going to Canada via the US I now have to travel alone, and go via NZ...costing $2500. Then there is the trip to New York over Christmas and New Year. Looks like that trip can't happen now.

Just over something so minor. The capsule didn't even register on the scales, and I really thought that as I have a clean police record, I would be ok. If I knew this 12 months ago, I would have started this long process back then.

Cheers all

 

[flymetothemoon]

SeApologies, it was 0.093 yes.

Well the girl at the consulate said that she couldn't issue me with a visa waiver, so my application and police documents will be sent to that US for a review. This will take 5 months. I was told a lot of cases with no conviction get thru, but its the wait that will kill me.

As we are going to Canada via the US I now have to travel alone, and go via NZ...costing $2500. Then there is the trip to New York over Christmas and New Year. Looks like that trip can't happen now.

Just over something so minor. The capsule didn't even register on the scales, and I really thought that as I have a clean police record, I would be ok. If I knew this 12 months ago, I would have started this long process back then.

Cheers all

That's great news that you don't have to wait the 5 years and they allowed for a waiver to be sent through to see if it will get approved. Yes, not having a conviction/s does help. I do know though that if you have more than one charge, you must wait the full 5 years. I presume that you were just arrested on one charge, hence why you were not told to wait 5 years?

Also, in relation to having to wait 5 months to hear back from them, as I have said, this information is in big bold red letter on the US Embassy website so it's not like people aren't made aware of this before applying for a visa.

 

[tomtomfromoz]

Yeah well wasn't the best news from my point of view as it looks like our trip of a lifetime (11 weeks) has to change drastically. As there is no way I am hearing that my case will be reviewed in that short timeframe. Hell, I am even prepared to pay for the privilege, looks like I can't.

We never thought to look at the website prior as again, assumed no conviction = no worries.

Even my partner, a cop, was shocked (and not happy with me I may add)

 

[moa999]

I think the unfortunate thing is you have done the right thing (been totally upfront and honest), and due to US total inefficiencies, you pay the penalty (a five month plus wait)

I suspect however with no convictions recorded, you could have done the wrong thing (lied about the arrest), and the US would have been none the wiser...

 

[The Rok]

Without giving advice or offering a solution, honestly sometimes I think SOME people should just tick NO on the VWP Questionnaire to all questions..

 

[Maca44]

Without giving advice or offering a solution, honestly sometimes I think SOME people should just tick NO on the VWP Questionnaire to all questions..

I don't condone it, but as mentioned in another thread my brother does it all the time with an assault conviction. Never been challenged.

 

[Kenny K. Chan]

Re: USA Visa Waiver approved - but just charged with a crime after

Hi there, if Someone has caught Very mirror traffic offense (Such as Parking, Driving in Bus/Tram/Truck lane, etc), No arrest and conviction involved. And he paid on-the-spot fine already. No Criminal Record too.. Is he still alright for VWP Travel?

 

[NM]

Re: USA Visa Waiver approved - but just charged with a crime after

Hi there, if Someone has caught Very mirror traffic offense (Such as Parking, Driving in Bus/Tram/Truck lane, etc), No arrest and conviction involved. And he paid on-the-spot fine already. No Criminal Record too.. Is he still alright for VWP Travel?

Traffic offenses are generally not crimes involving moral turpitude. In most cases, traffic offenses are not criminal offenses. Such offenses should not stop someone using the ESTA/VWP.

 

[nicandev]

Re: USA Visa Waiver approved - but just charged with a crime after

I am travelling to the US this year for the first time. Twenty one years ago I did something stupid and received a $100 good behaviour bond. For the sake of my conscience, I decided not to lie on the ESTA but went through the official procedure of applying for a visa waiver. I am pleased to say that I received my passport and visa in the mail today - 20 weeks and 5 days after my interview at the Melbourne US Consulate. Woohoo!!

 

[NM]

Re: USA Visa Waiver approved - but just charged with a crime after

I am travelling to the US this year for the first time. Twenty one years ago I did something stupid and received a $100 good behaviour bond. For the sake of my conscience, I decided not to lie on the ESTA but went through the official procedure of applying for a visa waiver. I am pleased to say that I received my passport and visa in the mail today - 20 weeks and 5 days after my interview at the Melbourne US Consulate. Woohoo!!

Congratulations on receiving your visa. Please note that for correctness, you did not actually apply for a "visa waiver". You were deemed to be ineligible to use the Visa Waiver Program and had to apply for a Visa, for which you were automatically ineligible but invited to apply for a waiver of visa ineligibility (i.e. a waiver of visa denial). This process took the almost 21 weeks and upon approval you now have been issued a visa . This is quite different to entering under the Visa Waiver Program, which you are not eligible to use.

So you did not apply for a "visa waiver", but for a "waiver of visa ineligibility" that resulted in a visa being issued. Thanks for updating the time-line for the visa issuing process. Have a great trip!

 

[whatmeworry]

I think the unfortunate thing is you have done the right thing (been totally upfront and honest), and due to US total inefficiencies, you pay the penalty (a five month plus wait)

I suspect however with no convictions recorded, you could have done the wrong thing (lied about the arrest), and the US would have been none the wiser...

A bit OT but went with a friend to NZ and we didn't know that NZ also had the immigration cards till we were on the plane halfway to NZ. There was a question about convictions or something which my mate had a few for minor things when he was younger. He thought for about it for a second and ticked no to that question. Don't know if he would have been denied entry if he ticked yes, but it would have been a pain the cough at the border.

Don't know how extensive the US cross checks people applying for a visa waiver. I wonder if they use Echelon?

 

[flymetothemoon]

For anyone who has been for an interview I would be really grateful to know what sort of questions they asked? Thanks

 

[arfadent]

Re: USA Visa Waiver approved - but just charged with a crime after

I am pleased to say that I received my passport and visa in the mail today - 20 weeks and 5 days after my interview at the Melbourne US Consulate. Woohoo!!

Congrats Nicandev, 21 weeks is pretty good, especially as the Canberra website is quoting 27 weeks at the moment.

My interview was in early January so I still have quite a while to wait yet.

Anyone else out there got their 'waiver of visa ineligibility' lately that can comment on processing times?

Arfa,

 

[rzzo]

Re: USA Visa Waiver approved - but just charged with a crime after

Hi there, if Someone has caught Very mirror traffic offense (Such as Parking, Driving in Bus/Tram/Truck lane, etc), No arrest and conviction involved. And he paid on-the-spot fine already. No Criminal Record too.. Is he still alright for VWP Travel?

You are fine for VWP, driving offenses aren't Crimes Involving Moral Turpitude

See here for more details

www [dot] state [dot] gov/documents/organization/86942 [dot] pdf

 

[whatmeworry]

Re: USA Visa Waiver approved - but just charged with a crime after

You are fine for VWP, driving offenses aren't Crimes Involving Moral Turpitude

See here for more details

www [dot] state [dot] gov/documents/organization/86942 [dot] pdf

That pdf link is very comprehensive. Didn't know that attempted suicide was a crime Involving Moral Turpitude.
http://www.state.gov/documents/organization/86942.pdf

 

[rzzo]

Re: USA Visa Waiver approved - but just charged with a crime after

It's pretty intense huh!

You misread though, attempted suicide is not a crime involving moral turpitude -

9 FAM 40.21(a) N2.3 - 3 Crimes Committed Against Person, Family Relationship, and Sexual Morality

b. Crimes committed against the person, family relationship, or sexual morality which do not involve moral turpitude include:
(10) Suicide (attempted)

 

[whatmeworry]

Re: USA Visa Waiver approved - but just charged with a crime after

It's pretty intense huh!

You misread though, attempted suicide is not a crime involving moral turpitude -

9 FAM 40.21(a) N2.3 - 3 Crimes Committed Against Person, Family Relationship, and Sexual Morality

b. Crimes committed against the person, family relationship, or sexual morality which do not involve moral turpitude include:
(10) Suicide (attempted)

Your right.

So many crimes you can commit to be barred from the USA, yet their citizens can easily walk into a gun shop/show and pick up a few guns...