Criminal record and obtaining a US visa

[Ineedaholiday]

Hi there,
My friend finally got his visa but had to jump through quite a few hoops to do so.
He needed a current police check that showed no convictions as it was more than 10 years since the crime
He got his personal poilce check that shows convictions and sentencing and that still wasnt enough.
He had to go to the court and photocopy the documents that listed the charges and convictions as well as the documents that showed the law and section of the law that he was charged under.
I think it all depends on the crime involved but at the very least try to obtain your 2 police checks before having the interview and they will let you know if you need the court documents.
If you take your passport to the embassy and even if they initially refuse the application but send you off for more documents,be aware that they will probably hold onto your passport until the receive the requested documents to be sent off to Homeland security and all going well,will be returned with a Visa enclosed

 

[Ineedaholiday]

Oh and if you do have to get your court documents or choose to go there first to possibly save some time make sure you get the docs stamped

 

[Alltherightreasons]

Hi all,

Have read the last 6 pages and i am still a little confused as to what to do.

I want to travel to the USA as a tourist, but i have criminal convictions that come under the moral banner (theft, and fraud - obtaining money by deception), the last court date was April 2008, i have had nothing since.

So who is it i should call and ask advice with? The consulate, or immigration? Thanks.

 

[NM]

Hi all,

Have read the last 6 pages and i am still a little confused as to what to do.

I want to travel to the USA as a tourist, but i have criminal convictions that come under the moral banner (theft, and fraud - obtaining money by deception), the last court date was April 2008, i have had nothing since.

So who is it i should call and ask advice with? The consulate, or immigration? Thanks.

With a criminal conviction for a crime involving moral turpitude, you need to apply for a Visa. Allow plenty of time because the initial response will be that you do not qualify for a visa due to the convictions. Then you will need to apply for a waiver that needs to be sent to the USA for consideration.

 

[Jimbo]

Like Pendergast earlier in this thread I had a conviction for marijuan_ possession 38 years ago. I've had my US consulate interview last week and have been recommended for visa ineligibility waiver. I now - within the next two weeks - have to change my flight & hotel bookings, which were initially for 3 weeks after the interview. Question is : how long should I allow? Consular official said 3-4 weeks. Earlier posts in this thread have mentioned 30 days. I would greatly appreciate feedback from your experience/knowledge about how long it may take for the visa ineligibility waiver to come through: up to 5 weeks? 6 weeks? 8 weeks?

 

[zetski210]

Like Pendergast earlier in this thread I had a conviction for marijuan_ possession 38 years ago. I've had my US consulate interview last week and have been recommended for visa ineligibility waiver. I now - within the next two weeks - have to change my flight & hotel bookings, which were initially for 3 weeks after the interview. Question is : how long should I allow? Consular official said 3-4 weeks. Earlier posts in this thread have mentioned 30 days. I would greatly appreciate feedback from your experience/knowledge about how long it may take for the visa ineligibility waiver to come through: up to 5 weeks? 6 weeks? 8 weeks?

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

 

[RMR]

Hi all,

I have been reading through the threads on here and would like some clarification on one matter,

I have a criminal record for drink driving of which I thought would make me ineligible for the visa waiver program (VWP), however from what I have read on here this isn't classified as a 'crime involving moral turpitude'...so does this mean I am in fact eligible for the VWP?

My only concern is there a possibility I could get a criminal check somewhere along the way? Like for instance border patrol into the USA or once I have the VWP I'll be ok? Do they have access to my criminal record where at some stage they could change their mind? (Yes a bit paranoid! )

Any help is greatly appreciated, a little bit happy I've looked into this,might have opened up a whole new opportunity I never thought would be possible!

Cheers.

 

[Maca44]

Hi all,

I have been reading through the threads on here and would like some clarification on one matter,

I have a criminal record for drink driving of which I thought would make me ineligible for the visa waiver program (VWP), however from what I have read on here this isn't classified as a 'crime involving moral turpitude'...so does this mean I am in fact eligible for the VWP?

My only concern is there a possibility I could get a criminal check somewhere along the way? Like for instance border patrol into the USA or once I have the VWP I'll be ok? Do they have access to my criminal record where at some stage they could change their mind? (Yes a bit paranoid! )

Any help is greatly appreciated, a little bit happy I've looked into this,might have opened up a whole new opportunity I never thought would be possible!

Cheers.

The ESTA website https://esta.cbp.dhs.gov/esta/WebHelp/ESTA_Screen-Level_Online_Help_1.htm#APA2 states: Crimes involving moral turpitude - Such offenses generally involve conduct which is inherently base, vile, or depraved and contrary to the accepted rules of morality and the duties owed to persons or society in general. There are factors, such as the age of the offender or the date of the offense, that may affect whether an offense will be considered a crime involving moral turpitude for purposes of the Immigration and Nationality Act.

I don't believe Drink driving falls into this area of moral turpitude, and when you apply online for your ESTA should answer no. I seem to recall other threads on this same topic some time ago where this was the general consensus. As always, others will correct me if incorrect.

 

[RMR]

The ESTA website states: Crimes involving moral turpitude - Such offenses generally involve conduct which is inherently base, vile, or depraved and contrary to the accepted rules of morality and the duties owed to persons or society in general. There are factors, such as the age of the offender or the date of the offense, that may affect whether an offense will be considered a crime involving moral turpitude for purposes of the Immigration and Nationality Act.

I don't believe Drink driving falls into this area of moral turpitude, and when you apply online for your ESTA should answer no. I seem to recall other threads on this same topic some time ago where this was the general consensus. As always, others will correct me if incorrect.

Cheers for your help, basically I read the same...again if any other people have experience with this I'd like to hear from them - more or less now I'm more concerned of a police check through the process of obtaining the VWP or border security in the USA.

Cheers.

 

[serfty]

Cheers for your help, basically I read the same...again if any other people have experience with this I'd like to hear from them - more or less now I'm more concerned of a police check through the process of obtaining the VWP or border security in the USA.

Cheers.

I believe the issue in relation to DUI is mentioned several times upthread and is basically NOT considered "Moral Turpitude".

 

[mismandhi]

In regard to the waiting time for a Visa to arrive from Washington:

I was recommended for a Waiver Of Ineligibilty--my Visa took just over five weeks to arrive.

 

[Glenice]

Hi- My husband went to Sydney (from QLD) for an visa application interview at the consulate- he has a marijuan_ possession conviction from 10 years ago.

The lady who served him took his court documents and DS160 confirmation page (but not his passport) and said they would be sent to USA and that he would receive an email instructing him to post his passport at a later date. I take it this means he was ineligible for visa so she applied for the waiver on his behalf.

Im wondering if anyone else has been told to post their passport later on, and if so, did you send it away to the consulate office in Australia or the USA? I would think that this would cause delays in processing.

The court document- is this scanned and emailed to USA by the consulate or is it posted via snailmail?

Is there a phone number we can call to check up on the application's progress?

Would also love to know if its possible to throw some more money at it to speed up the process?

Keen to hear of other's recent experiences

 

[GSTAAFORREST]

I had my interview yesterday with the US Consulate in Melbourne and here is how it went.

• I am 32 years old.
• I had 2 theft convictions when I was 19.
• Regardless of the conviction, they will deny you a VISA on the spot. If the interviewing officer deems it appropriate, he will send your application off to Washington with his positive recommendation which I was lucky enough to have him do for me.
• I will have to wait 5 weeks to go the final decision as the paper work needs to be sent off to Washington then back again. They will keep your passport at this stage.

• I arrived at 8.00am for a 8.15am interview.
• Security is tight and very thorough. Do not bag with you as they will not let you in.
• There is a 2 part process. At 8.15am, I got called to the counter. At this stage I handed them my passport, police report, VISA confirmation page, Australia Post Visa Application Receipt and the Express Post Platinum Bag. They took an electronic print of my finger prints. This lasted 5min. I was then told to take a seat.
• After a 2 hour wait, I then got called to a 2[SUP]nd[/SUP] counter to discuss my VISA application. This is with an American Consulate Staff Member. He asked me for my letter of employment, how much I earned, who I was travelling with (in this case my wife and kids) and where in the US I would be going (New York). This stage also lasted 5min.

I’ll let you all know in 5 weeks if it gets approved or declined. Stay tuned………………..

 

[Maca44]

I had my interview yesterday with the US Consulate in Melbourne and here is how it went.

• I am 32 years old.
• I had 2 theft convictions when I was 19.
• Regardless of the conviction, they will deny you a VISA on the spot. If the interviewing officer deems it appropriate, he will send your application off to Washington with his positive recommendation which I was lucky enough to have him do for me.
• I will have to wait 5 weeks to go the final decision as the paper work needs to be sent off to Washington then back again. They will keep your passport at this stage.

• I arrived at 8.00am for a 8.15am interview.
• Security is tight and very thorough. Do not bag with you as they will not let you in.
• There is a 2 part process. At 8.15am, I got called to the counter. At this stage I handed them my passport, police report, VISA confirmation page, Australia Post Visa Application Receipt and the Express Post Platinum Bag. They took an electronic print of my finger prints. This lasted 5min. I was then told to take a seat.
• After a 2 hour wait, I then got called to a 2[SUP]nd[/SUP] counter to discuss my VISA application. This is with an American Consulate Staff Member. He asked me for my letter of employment, how much I earned, who I was travelling with (in this case my wife and kids) and where in the US I would be going (New York). This stage also lasted 5min.

I’ll let you all know in 5 weeks if it gets approved or declined. Stay tuned………………..

A hell of a first time post, so welcome to AFF

Some others who have had similar problems (and read these threads) ask some silly questions when they know, or would have to know the correct procedures to adopt. You have done the right thing by applying for a visa, and although one should not buy tickets as such, under you circumstances I would be fairly confident. Again welcome.

 

[straitman]

I had my interview yesterday with the US Consulate in Melbourne and here is how it went.

• I am 32 years old.
• I had 2 theft convictions when I was 19.
• Regardless of the conviction, they will deny you a VISA on the spot. If the interviewing officer deems it appropriate, he will send your application off to Washington with his positive recommendation which I was lucky enough to have him do for me.
• I will have to wait 5 weeks to go the final decision as the paper work needs to be sent off to Washington then back again. They will keep your passport at this stage.

• I arrived at 8.00am for a 8.15am interview.
• Security is tight and very thorough. Do not bag with you as they will not let you in.
• There is a 2 part process. At 8.15am, I got called to the counter. At this stage I handed them my passport, police report, VISA confirmation page, Australia Post Visa Application Receipt and the Express Post Platinum Bag. They took an electronic print of my finger prints. This lasted 5min. I was then told to take a seat.
• After a 2 hour wait, I then got called to a 2[SUP]nd[/SUP] counter to discuss my VISA application. This is with an American Consulate Staff Member. He asked me for my letter of employment, how much I earned, who I was travelling with (in this case my wife and kids) and where in the US I would be going (New York). This stage also lasted 5min.

I’ll let you all know in 5 weeks if it gets approved or declined. Stay tuned………………..

A hell of a first time post, so welcome to AFF

Some others who have had similar problems (and read these threads) ask some silly questions when they know, or would have to know the correct procedures to adopt. You have done the right thing by applying for a visa, and although one should not buy tickets as such, under you circumstances I would be fairly confident. Again welcome.

GSTAAFORREST,

Welcome to AFF and as Maca44 says a hell of a first post. Well done.

 

[wtolmie]

Just some additional information. Have been going through Green Card process recently and prior to that working visa (Company sponsored L1A)..

I would suggest that peeps read this document regarding the crimes of Moral turpitude.. I was concerned, but after reading though here.. no issue and no need for waivers (depending on your circumstances)

http://www.state.gov/documents/organization/86942.pdf

I had a DUI when I was 18.. Had absolutely no issues getting these Visa's in order.. It states in there whether crimes are Visa No Go's..

ESTA, B1 (Business), L1A (Work Visa), have an I-130 Green Card petition approved also.

B1 and L1A required consulate interviews and had copies of relevant certifications (not just Police Certificate - Court Documents also).

 

[bugtravel]

Hi All


Wow this is a complicated issue. I have spent the last week reading as much as possible on this issue. But here is my case. 7 years ago was given a good behaviour bond for multiple counts of social security fraud. 6 years ago convicted of theft as a servant ($22). NO issues since, will be applying for a b2. Chances?

 

[ksthommo]

Cough up for the Criminal Record search and see what turns up.

It your offences show up on the report, pretty good chance the US will see them also.

 

[MatF]

That's a bit odd then! Oh well, congratulations and enjoy your trip!

Interestingly, according to Moral turpitude - Wikipedia, the free encyclopedia disorderly conduct isn't a crime of moral turpitude..

A bit off topic, but I've always found it amusing that Riot and Escaping From Prison are not considered crimes of moral turpitude.

 

[lisaho]

Has anyone recently applied for a us visa? I've Been waiting for one month and no news yet. Very nervous as my flight is 1st Jan, and didn't realize I needed a visa