Criminal record and obtaining a US visa

[Maca44]

Hi,

I recently got charged with two offenses of; negligently use of explosives and manufacturing/possession of explosives. (Just a bored teenager studying chemistry who decided it would be a great idea to make explosives and blow junk up in the bush). I got a 18month good behavior bond for it, I am currently 19.

Anyway, I have had my heart set on moving to America and working there when I finish university(chemical engineering/bachelor of science majoring in chemistry). By the time I finish my offense will have been 5 years ago fitting the criteria, I don't see it as being violent or in possession of a controlled substance and I spent no time in prison over it. I am a bit worried though in the current terrorism climate if such an offense will me barred from entering.

I have been arrested once before but wasn't charged with anything nor was it pursued so i assume the details of such wouldn't be available or be a problem to homeland security. I was also interviewed by the police over a explosives related injury when i was about 15 too, likewise they just wrote some stuff down never heard from them again. aside from that my record is pretty clean.

I sent a number of emails to the US embassy in Australia asking about it and they simply replied in the same way, 'we cannot give a likely hood of if i would be allowed or denied and it would depend on the interview'. So I suppose what I want to know is what is the likely hood of me being allowed in.

Now that you have corresponded with the US Embassy, and because you most likely informed them about the charge relating to explosives etc, they will have your details recorded so you will just have to apply for a visa and see how you go. Now that they are aware of your situation, through your own admissions, I don't think it matters when you apply because they will keep those details on their file. In this current climate, with regard to terrorism, especially having been charged with manufacturing and/or possession of an explosive, I don't like your chances. It will cost you , but if you are seriously considering moving to the USA you might consider using a Lawyer who specialises in immigration.

 

[nixrate]

Really, so u think they would deny me even though the charge wasn't regarded as being that serious. I only went t local court, no bail or anything?

I don't see how it's different from having an illegal gun or something which i am sure the US would over turn.

 

[Maca44]

I don't know if they will refuse your application or not, but as they are now aware of your 'charge' concerning explosives (and they would no doubt deem this as serious). It doesn't matter that you were only dealt with at Local Court jurisdiction, the main concern they would have is that it was an offence involving explosives. Again, if you are considering moving to the USA, instead of obtaining all the necessary documents/police checks etc and then applying for a visa that you consider appropriate legal advice.

 

[BAM1748]

Really, so u think they would deny me even though the charge wasn't regarded as being that serious. I only went t local court, no bail or anything?

I don't see how it's different from having an illegal gun or something which i am sure the US would over turn.

Use an immigration agent. A chemical engineer arrested for the possession and manufacture of explosives and you want to migrate there, use an immigration agent. did I say that already.

 

[sam34]

i told them everything and they refused my application yesterday

id been done for a fair bit of drunkin stuff, no violence, no drugs tho

im 28 now, it started for 'destruction of propertry' i knocked over a leter box when drunk on my 18th bday
about 6 'drunk in public' arressts, let out after a few hours each time
indecent exposure, pissin in a drain at about 4am
drink driving, (0.077)last year

they recon there is to much of a pattern for drinkin problem with the law, and the thing is i dont drink much, prolly one night a month max, the rest im playin sport so im off the drink...

all they gave a siht about was the arressts, nothing else, the knock back cost me $700 to fly down from north qld, and a sick day from work, not happy jan

 

[nixrate]

i told them everything and they refused my application yesterday

id been done for a fair bit of drunkin stuff, no violence, no drugs tho

im 28 now, it started for 'destruction of propertry' i knocked over a leter box when drunk on my 18th bday
about 6 'drunk in public' arressts, let out after a few hours each time
indecent exposure, pissin in a drain at about 4am
drink driving, (0.077)last year

they recon there is to much of a pattern for drinkin problem with the law, and the thing is i dont drink much, prolly one night a month max, the rest im playin sport so im off the drink...

all they gave a siht about was the arressts, nothing else, the knock back cost me $700 to fly down from north qld, and a sick day from work, not happy jan

Sucks mate, all u can do i guess is keep trying. All in all though u do have quite a few arrests which I guess reflects u as a, 'unruly' person and possibly a burden to the American authorities. Be is BS or not I think that is their view. I am hoping that because I have few arrests and a otherwise pretty clean record they will let me slide. All we can do is hope and keep trying.:-|

 

[zetski210]

i told them everything and they refused my application yesterday

id been done for a fair bit of drunkin stuff, no violence, no drugs tho

im 28 now, it started for 'destruction of propertry' i knocked over a leter box when drunk on my 18th bday
about 6 'drunk in public' arressts, let out after a few hours each time
indecent exposure, pissin in a drain at about 4am
drink driving, (0.077)last year

they recon there is to much of a pattern for drinkin problem with the law, and the thing is i dont drink much, prolly one night a month max, the rest im playin sport so im off the drink...

all they gave a siht about was the arressts, nothing else, the knock back cost me $700 to fly down from north qld, and a sick day from work, not happy jan

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?

 

[sam34]

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?

travel aget asked if id been arrested, yep, got to usa visa web site

the site went on a bit about being arrested, yep, so i called the $3p/m visa hotline

they said i had to come in for an interview

i was thinkin cause ive done nothing immoral i was sweet, i was wrong

 

[Dave Noble]

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?

intentional destruction of property comes under moral turpitude

 

[Dougo]

Sam34, it doesn't surprise me at all that they refused.

Nixtrate, my view is that they would equate blowing up stuff with 9/11. If they give a chemical engineer who works regularly in the States as someone to be patted down, cavity searched etc, AND no record etc, then why would you think that you would get a guernsey?

I don't like your chances mate.

 

[nixrate]

Sam34, it doesn't surprise me at all that they refused.

Nixtrate, my view is that they would equate blowing up stuff with 9/11. If they give a chemical engineer who works regularly in the States as someone to be patted down, cavity searched etc, AND no record etc, then why would you think that you would get a guernsey?

I don't like your chances mate.

ehh idk. I am not Muslim which should work in my favor. But yeah all I can do is stay clean,prove i am not dangerous at all and try to get a visa. shall find out.

 

[foxmum]

Hi Marco32,

did you ever get your visa - was it difficult

 

[annz.annie]

Well this is a reallytricky situation for me.....
Because I got my Sec 10 after my visa was approved...
therefore ...
I want to ask whether US customs allows you to enter on a no conviction GOOD BEHAVIOUR BOND.

 

[Alanslegal]

Well this is a reallytricky situation for me.....
Because I got my Sec 10 after my visa was approved...
therefore ...
I want to ask whether US customs allows you to enter on a no conviction GOOD BEHAVIOUR BOND.

Firstly, I would be asking 'were you charged prior to or after the visa application was made?'. If you were charged prior to the application, I would be re-applying for a Visa and be dislosing your full circumstances incl. the s.10 result. If you applied after you were charged, and did not disclose it, again I would re-apply incl. the s.10 result. If you applied after you were charged, and did disclose in full the charge/s, I would think you would be all Ok (as the s.10 result only confirms (to the US folks and everyone else) that the charge/s weren't servere enough to make you a really undesirable person in the first place).

 

[NM]

Well this is a reallytricky situation for me.....
Because I got my Sec 10 after my visa was approved...
therefore ...
I want to ask whether US customs allows you to enter on a no conviction GOOD BEHAVIOUR BOND.

Holding a visa changes things from the usual discussion found here. You are not trying to enter under the Visa Waiver Program so will not be asked the questions on the I94-W form about ever being arrested or charged with a crime involving moral turpitude.

But, you are bound by the conditions of the specific visa you have been issued. So you need to determine if your new information needs to be disclosed under the terms of the visa you hold. I suggest you should contact the US Embassy to ask about the terms of your current visa and Sec 10.

 

[Jaxk]

Hi guys.

About 6 months ago I was convicted of failing to produce evidence of personal detail. Basically when police asked if I had any ID on me I foolishly said no and because of this I was charged and had to appear in court.

I was never arrested and in court I applied for a spent conviction and because this is my only offence I was granted the spent conviction.

Now I know there will be a time next year where I have to go to the US and I'm looking at using the VWP. From what I've read my offence doesn't fall under moral turpitude and since I wasn't arrested and don't have a criminal record am I right in thinking I can tick the no box?

I'm a bit worried about this and I know it's a very very minor offence but it's still one and I want to be sure I'm doing the right thing when ticking no but I've read up so many definitions of moral turpitude and I can't see how my offence falls under it.

Any help would be fantastic.

Thanks guys.

 

[zetski210]

@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.

 

[Jaxk]

Your conviction is not classified as moral turpitude and therefore you do not need to declare it.

Oh that's fantastic news!! Thanks a bunch. One little mistake and it causes a lot of issues, I'm glad though that this is not one of them.

 

[Pendragon]

Ok here is the 'live' and happening right now answer to this question.
3 weeks ago I attended my interview at Sydney US Consulate. I had all of the reqiured documentation and a had paid the fees. All went well untill the final interview where the agent told me that because I had answered yes to the criminal convictions question I was automaticly ineligable for a visa to the USA. Now here is what we are talking about. I admitted to a minor conviction for possesion of half a joint of marijuahna in 1972!! Thats 38 years ago and a small fine of $200!
I was told the the agent was going to issue a 'request for waiver of ineligibility' but that is going to require my passport to be sent to the Homeland Security people in Washington....and will take 6 to 8 weeks to approve.
What the heck? There is NO WAY around this! I cannot even track the thing to find out where the application is at. There are no numbers where one can speak to a human person about any of this stuff. My friend is going into hospital soon for a major operation and I wanted to see him before he goes.....no sympathy. One smoke...38 years....Id get less for murder.

 

[jeffro]

Hi Guys,

I have been searching for a long time for credible information on how and if the USA can check criminal records from other countries and if they can check spent records.

I have finally found what seems to be very accurate information and exactly what checks they can do if they decide to.

The following website is from a non-profit organisation in Canada which assists people travelling to the USA and with criminal record issues. I cant post links on this site yet but if you google "Pardons Canada US Entry Waivers" the website will come up top of list in google.

It does explain the exact procedure the USA can carry out if they wish to access your criminal record. Refer to quote from website below - (FULL INFORMATION ON WEBSITE WORTH READING !) it also goes on to say that they cannot access spent records to is best to wait until all are spent before entering if you are thinking of not declaring. Once a record is detected at border if they do check they will know about it forever even once it is spent.

"Haven't Been Caught Yet?
You may have often passed through the U.S. Immigration and Naturalization Service (INS) after answering a few standard questions about your citizenship and the purpose of your trip. You have been lucky. It is becoming more common for U.S. immigration officers to ask for identification for the purpose of conducting an RCMP computer criminal record search.
Once your record has been discovered, the immigration officer will download your criminal record into the U.S. computer system, and as a result, you will have an INS and an FBI file. Once you are denied access to the U.S., you will be required to apply for a U.S. entry permit called a U.S. Entry Waiver"

In my case I have one unspent charge for drink driving from 8 1/2 years ago. According the website it’s very clear they CAN access this information if they do a RCMP search on me at border. My older spent charges (I have 3) one for cannabis possession, one for implements and one for wilful damage they CAN NOT access.

I have ticket booked from Australia this October and by the sounds of it will be chancing it and may be caught. If I postpones until 1 1/2 years and after I have final drink driving charge spent it will be impossible for them to found out on entry....

Not sure what do to - If I knew this before buying plane tickets I would have put off trip until I could have all spent.

Anyways good luck to all trying to get in with similar predicament.
Cheers, Jeff