Applying for a Visa to the US

[flyby]

Hi guys,

I am looking to get some guidance with my plans to go for an interview to get a Visa to the US.

I've gone through many threads on this forum and it seems my situation may be a little different than most people.

I'll try to keep this short.

Early last year I applied for an ESTA to the US and answered 'No' to all questions. It was only after I was approved that I felt I might have answered incorrectly in regards to the question "have you ever been in violation of any law regarding possessing, using or distributing illegal drugs."

I received a Section 10 for a minor drug offense in 2012 and all charges/convictions were dropped. I have been clean of any records since.

I then decided to email the US CBP/ESTA officers about my question, detailing my conviction and also giving them my ESTA application no. They responded asking for additional information including my name/dob/passport no/ESTA application no. as well as further information about the charges and jurisdiction.

This might've been the nail in the coffin for me as it seemed like they wouldn't have known about the section 10 If I didn't disclose it.

Fast track to today and I ended up canceling last years' US trip in fear I would've have been denied entry due to being red-flagged by that email I sent.

I now plan on doing things right and applying for an interview to obtain a Visa.

Could anyone shed some light on what process i'll need to go through and what documents are recommended to be brought on the day of the interview?

Many thanks

 

[Danger]

I can't shed any light on the process but I wouldn't be kicking yourself for going into more detail. There's every chance the non-disclosure could have come back to bite you, particularly with the close relationship with Australia and the US. I think you did the right thing by following up.

 

[harvyk]

This is one of those things which you'll find two equal but apposing sides here on AFF...

On one side you have the crowd which states you should do full disclosure of everything because it might bite you if you don't.

On the other side you have the crowd which states you should only disclose what is required under Australian laws, considering we have certain punishments which are effectively "you've been very naughty, now don't do it again" to try and make sure a small thing doesn't keep haunting you. However as the first side will argue, it's US laws you're playing with, not Australian.

All I can suggest is you 1. don't publish any more detail in a public forum, and 2. pay for actual legal advice. Most of what you'll see here is not legal advice (despite the confidence of the posters), and if you mess this up the worst case scenario is it'll prevent you from travelling to the US (and potentially other places) for the rest of your life.