Criminal record and obtaining a US visa

[Kazzster]

Great news! I'm just curious though, I've never heard of anyone else being asked for a medical report. If it's not too personal, do you know the reason he was asked for one? Also, did he actually have a visible criminal record on his fingerprint check?

As far as we can gather (and we are not experts merely experienced!) it was because there was an illegal substance involved. At the interview the official did advise there would be a medical to ensure he didnt get to the US and cause damage to US citizens if he was an abuser of illegal substances. The medical was fairly standard (liver, lungs, xrays, drug/alcohol testing). WRT the police record, we didnt provide a fingerprint check record but did provide a copy of his standard police record from 2005 (which showed the $50.00 fine) and his standard police record from 2012 (which was clear). Again we are unsure why the fine appeared in 2005 and not in 2012. Having said that he was fingerprinted at the interview. He does have ASIC Security clearance and Aviation Tarmac Security clearances. There are based on fingerprints. We dont know if these made any differecne but it certainly didnt hurt to let them know.

If I can answer answer questions please feel free to ask. We know how frustrating this whole process can be.

 

[Reb_s]

Just thought I'd update our situation. My husband got his application approved two days ago after 17 weeks. During the past couple of weeks we have emailed and phoned several times requesting urgent approval as we are due to fly out May 23. Now we just have to hope the passport comes back quickly!

 

[flymetothemoon]

Just thought I'd update our situation. My husband got his application approved two days ago after 17 weeks. During the past couple of weeks we have emailed and phoned several times requesting urgent approval as we are due to fly out May 23. Now we just have to hope the passport comes back quickly!

That's great news! Hopefully the waiting time is coming down. Just to keep with the consistency of this thread, are you able to tell us why your husband had to apply for a visa? Was it his first application for a visa or had he been approved in the past? Were they for recent offence/s? Thanks.

 

[Reb_s]

That's great news! Hopefully the waiting time is coming down. Just to keep with the consistency of this thread, are you able to tell us why your husband had to apply for a visa? Was it his first application for a visa or had he been approved in the past? Were they for recent offence/s? Thanks.

My husband was charged with malicious damage over ten years ago for smashing a window in a nightclub, he also has two DUIs from about the same time. We weren't sure if his crime was a CIMT but when he went to US consulate they said it was and sent him for a full medical the first time he applied because of the DUIs. This is his second application the first one was in early 2010 and was approved in about two months.
This application we now live in our own home and he has a full time job, two years ago he was only a contract/casual and we were still renting.

 

[arfadent]

Hi all, just thought I would update everyone as well.
I just got the email today that my waiver of ineligibility has been approved. I applied on 15/1/13 so that's about 17 weeks, just the same as Reb_s.
This was my 3rd application (one 18 years ago and one 10 months ago, both approved) and I asked for and received a 5 year visa as well so I don't have to fly from SA to Vic again to apply for another 5 years. Yay!
For reference: My offence was Larceny when I was 18, that's over 25 years ago now.
Hopefully that means that the processing is speeding up a bit and that everyone will get theirs sooner than the 27 weeks that is still showing on the Canberra website.
Good luck to all.
Arfa,

 

[flymetothemoon]

It would be interesting to know if the 17 week wait compared to the 27 week wait for Reb_s & arfadent is just because they have applied for successful visas in the past or if it is because the waiting time has been reduced? I know personally that I was advised when I went for my interview that the waiting time is now not as long.

 

[rzzo]

I dont have a criminal record or conviction to to find!

I do have one arrest and although it leads to nothing it is unfortunate for me that it is a mortal turpitude arrest.

Because i have no criminal record I dont know how to go about finding a 16 year old arrest paperwork or court preliminary hearing paperwork.

For those who dont know what a court preliminary hearing is,its a hearing to see if you have any founded charges to face in the first place before it gets to court.

Hi Trayden,

Did you end up traveling to the US without declaring your spent conviction?

 

[jorza]

Just thought I'd update our situation. My husband got his application approved two days ago after 17 weeks. During the past couple of weeks we have emailed and phoned several times requesting urgent approval as we are due to fly out May 23. Now we just have to hope the passport comes back quickly!

Hi Reb_s

What number did you call to request urgent approval?
I may look into doing the same, as its been almost 10 weeks on my end.

 

[Flashback]

Hi Trayden,

Did you end up traveling to the US without declaring your spent conviction?

If it's a spent conviction and thus no record of it against you, why would you have to declare it? Am I missing the point here...??

 

[rzzo]

Yeah, one would think you didn't have to declare it, but unfortunately, there is no such thing as a "spent" conviction to the US. From what I've read they cannot access Police Records with spent convictions, so they wouldn't know about it unless you told them. I would just like to hear if anyone has a success story entering the US without declaring such "spent" convictions. Or are people too paranoid to post that stuff online? I think I've been reading too much about this, I'VE SAID TOO MUCH!

 

[flymetothemoon]

Yeah, one would think you didn't have to declare it, but unfortunately, there is no such thing as a "spent" conviction to the US. From what I've read they cannot access Police Records with spent convictions, so they wouldn't know about it unless you told them. I would just like to hear if anyone has a success story entering the US without declaring such "spent" convictions. Or are people too paranoid to post that stuff online? I think I've been reading too much about this, I'VE SAID TOO MUCH!

A couple of people on here in the past have posted that they have had friends and family travel to the U.S with spent convictions and everything was ok (without declaring anything).

 

[Reb_s]

Hi Reb_s

What number did you call to request urgent approval?
I may look into doing the same, as its been almost 10 weeks on my end.

Phoned 1300 145 166 - I honestly can't say the phone calls helped, it's probably just sheer luck and the fact my husband was only fined for his crime, the crime was so long ago and he's been approved before. Wishing you a speedy VISA approval!

 

[Chynadoll]

Hi I committed an assault in April 2009 and wasnt convicted til June 2011 is the 5 year wait from when I was arrested or when I was convicted?? Any information is appreciated..Thanks

 

[flymetothemoon]

Hi I committed an assault in April 2009 and wasnt convicted til June 2011 is the 5 year wait from when I was arrested or when I was convicted?? Any information is appreciated..Thanks

It's from the date of conviction (so you won't be able to to apply until 2016)

 

[Chynadoll]

That really sucks my man gets out of jail in August 2014, do you have any link I double check the information online?? Thanks

 

[flymetothemoon]

That really sucks my man gets out of jail in August 2014, do you have any link I double check the information online?? Thanks

Arrests and/or Convictions | Embassy of the United States Canberra, Australia

 

[Chynadoll]

thanks flymetothemoon, its not too specific about the time frame..As a general guide, a Consular Officer will not recommend a waiver within 5 years of the completion of a sentence, nor for applicants convicted of serious felonies such as murder or kidnapping. This timeframe should only be used as a guide, as there is no set time that must have passed. No set time doesnt indicate how long really does it??

 

[flymetothemoon]

thanks flymetothemoon, its not too specific about the time frame..As a general guide, a Consular Officer will not recommend a waiver within 5 years of the completion of a sentence, nor for applicants convicted of serious felonies such as murder or kidnapping. This timeframe should only be used as a guide, as there is no set time that must have passed. No set time doesnt indicate how long really does it??

The reason they say that is because if you have been doing nothing for the last 5 years, have minimal money in your bank account, on the dole, then they won't care if 20 years has passed, they won't issue you a visa, whereas on the other hand if you have had been holding down a job, have substantial funds, have completely rehabilitated, have done volunteering work, have references then you have a very high change of it being accepted even if it is under 5 years (providing it isn't drug related and the charge was minor/not recorded). They have obviously had people expect them to just issue them a visa even after the 5 years but the person applying has nothing to back up or show good reason as to WHY they have rehabilitated.

 

[jorza]

thanks flymetothemoon, its not too specific about the time frame..As a general guide, a Consular Officer will not recommend a waiver within 5 years of the completion of a sentence, nor for applicants convicted of serious felonies such as murder or kidnapping. This timeframe should only be used as a guide, as there is no set time that must have passed. No set time doesnt indicate how long really does it??

Flymetothemoon is correct,
when i had seen the Consulate officer, i had a waiver requested on my behalf. It has been just over 2 years since my crime of theft (for $800).
I demonstrated 100% rehab with psych letters, showed that im now studying to be a lawyer, now have modeling and acting agents, character references, confirmation of employment for longer than 1 year at a multi-billion dollar company (who also happens to do the US military operations, such as intelligence..etc.) and showed that my crime was a direct line from a national crime case that had given me PTSD.
I was lucky enough to be requested for a waiver out of these. It comes down to the circumstances of your case. 15-20 years is a rule of thumb.

 

[flymetothemoon]

Flymetothemoon is correct,
when i had seen the Consulate officer, i had a waiver requested on my behalf. It has been just over 2 years since my crime of theft (for $800).
I demonstrated 100% rehab with psych letters, showed that im now studying to be a lawyer, now have modeling and acting agents, character references, confirmation of employment for longer than 1 year at a multi-billion dollar company (who also happens to do the US military operations, such as intelligence..etc.) and showed that my crime was a direct line from a national crime case that had given me PTSD.
I was lucky enough to be requested for a waiver out of these. It comes down to the circumstances of your case. 15-20 years is a rule of thumb.

I think that drug related it doesn't matter how long has past - they are stricter - but with more minor offences (non recorded/low grade criminal offences), anything after 5 years is normally ok to apply.