Search results

  1. Z

    Criminal record and obtaining a US visa

    To be safe I would allow at least 8 weeks, but it should only take about 6 or so.
  2. Z

    VISA Waiver Program to USA

    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...
  3. Z

    VISA Waiver Program to USA

    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...
  4. Z

    Criminal record and obtaining a US visa

    No, the "5-year" clause only refers to (i) (I) which relates to moral turpitude and is only relevant if the crime occured when the person was under 18 AND more than 5 years ago. Posession is listed as (i) (II) and is not covered by the "5-year" clause.
  5. Z

    Criminal record and obtaining a US visa

    You will need a police record check, which will take a couple of weeks (depending on which state you are in). Other than that, the only other thing you will need are all the forms which you can download from the consulate website. I took in some other documents like a letter from my employer...
  6. Z

    Criminal record and obtaining a US visa

    This is not classified as moral turpitude and you do not need to declare this on the VWP or upon entry to the US. These are classified as moral turpitude, they need to be declared and you will be ineligable to travel on the VWP.
  7. Z

    Criminal record and obtaining a US visa

    @Jaxk, Your conviction is not classified as moral turpitude and therefore you do not need to declare it. See here for a comprehensive list of crimes involving moral turpitude.
  8. Z

    VISA Waiver Program to USA

    You DO NOT have any non-disclosure right as the VISA waiver form asks, plain and simple: "Have you EVER been arrested or ..." Translation: If you have EVER been arrested, you MUST ANSWER "YES". It's not that hard to understand. I only hope that you are not a lawer TomCruise, as if you are...
  9. Z

    VISA Waiver Program to USA

    TomCruise, I take it that you have not actually spoken to any immigration legal personnel as you still don't seem to understand the difference between a Commonwealth Criminal Conviction and a US Immigration Conviction! A US Immigration Conviction is the admittance of: any prior arrest...
  10. Z

    VISA Waiver Program to USA

    TomCruise, The two things that you fail to mention are: There are a significant number of exclusions and conditions that apply to the spent conviction clause. The spent conviction clause only applies to criminal convictions obtained within the Commonwealth. The US entry system refers to US...
  11. Z

    Criminal record and obtaining a US visa

    None of these incidents ammount to "moral turpitude", which is the grounds for not allowing you to use the visa waiver program. Who told you to go, or why did you go to the consulate?
  12. Z

    Criminal record and obtaining a US visa

    I've been through this process and after speaking to immigration attorneys as well as US consulate officials, it doesn't matter what jurisdiction the arrests/convictions were issued in, US customs does not care. The convictions they refer to are immigration convictions and have nothing to do...
  13. Z

    US Visa question - Regarding court findings

    To the OP; I've been through the process and it's as follows: If you have ever been arrested (for crimes of moral turpitude) you MUST declare it to the US consulate. Theft is moral turpitude. By their laws, any arrest constitutes an immigration conviction. It does not matter what the court...
  14. Z

    Criminal record and obtaining a US visa

    As long as the crimes were not major and you were not convicted, you will be able to get a VISA, but you will always need one to enter the US (unless the change their laws). You can pay extra and get a 5 year VISA though
  15. Z

    VISA Waiver Program to USA

    I was travelling to a conference, so I had various support letters (conference invitation, letter from employer, etc...), but all of that was irrelevant. The consulate officer was only interested in my criminal record. He asked if I had been in trouble since, asked if I had a job (to which I...
  16. Z

    VISA Waiver Program to USA

    Yeah, I ended up getting a visa 2 weeks after I was due to travel there :mad: so I didn't end up going. Visa is/was valid for about 8 months. It's just expired. I'm hoping to travel to the US early next year so I need to apply again. I emailed the US consulate to see if you can get a longer...
  17. Z

    VISA Waiver Program to USA

    You are correct, if you have been arrested and not convicted for non moral turpitude crimes, the record will simply say "no disclosable court outcomes" My crimes were committed nearly 10 years ago, but that's irrelevant to the US consulate, the question posed is "have you ever been arrested...
  18. Z

    VISA Waiver Program to USA

    No worries, I just don't want to get the blame for anyone being banned from entering the US for life...
  19. Z

    VISA Waiver Program to USA

    Thankyou, I do not like being taken out of context... My advice to anyone is, in fact, TO GET A VISA!!! I was merely stating observations from my experience going through the process. 1) The VIC Police informed me that if I only got a VISA type criminal history it would not display any...
  20. Z

    VISA Waiver Program to USA

    When you obtain a police history check, they will ask you what type of criminal history you require. A VISA type will only show criminal convictions obtained in Australia. A PERSONAL or EMPLOYMENT type will show all arrests and convictions. If the US immigration department decides to access...
Back
Top