Planning Trip to the United States with a criminal record but appealing it

[ray112233]

Hi there,

I have read numerous posts about similar questions about having a criminal and wanting to get a Visa into the States.

My situation is different and thus require specific advise and the websites I have visited don't help that much.

I was convicted and sentenced to 18 months suspended sentence back in April 2012. I have since travelled to Thailand in July 2012 without any issues.

I am planning on going to America for 5 weeks roughly going all over around July 2013, however this is the tricky part. I am planning on appealing my conviction as I did not commit the crime. (Robbery [found not guilty] & Stealing from a person [found guilty] - the second charge being a back up charge if the first one could not be proved so it was 1 incident).

My appeal is roughly around April 2013 and think that applying for a Visa now would be the best option as it allows me to go to the states with my friends. Im 23yr old male.

Thanks in advance.....

 

[Mwenenzi]

Welcome to the forum
Have you read the threads in Visas, Immigration & Customs ?
In particular how long an application takes (20+ weeks?).
In my opinion the chances of you getting a visa are nil at this time

 

[The Rok]

You could apply, send them your passport for half a year and not be able to travel anywhere in the world and at the end of it still get knocked back!

I think it's highly unlikely your visa would be granted, even if your appeal was successful. But you have nothing to lose by applying, other than your passport for a while.

 

[mella2007]

Hi Welcome to AFF
Going on previous experience with friends as well as reading the info on here, I would say the chances would be zero. A suspended sentence is still recorded as a conviction and would still show up on your record. Whether you are appealing it or not will make no difference in the eyes of the consulate.
You will find you will have little trouble with any other country except for America, Canada and perhaps New Zealand, so best to holiday elsewhere. Unfortunately there are people who have been charged with one count of shop theft dating back 20 years who still get denied...so it is a very tough process.

 

[ray112233]

Hi Welcome to AFF
Going on previous experience with friends as well as reading the info on here, I would say the chances would be zero. A suspended sentence is still recorded as a conviction and would still show up on your record. Whether you are appealing it or not will make no difference in the eyes of the consulate.
You will find you will have little trouble with any other country except for America, Canada and perhaps New Zealand, so best to holiday elsewhere. Unfortunately there are people who have been charged with one count of shop theft dating back 20 years who still get denied...so it is a very tough process.

Thank you all for the information. If I do infact wait until I get this conviction overturned will I have issues getting into the states? Even though the conviction will be over turned and I should have not been arrested or charged in the first place?

 

[mella2007]

Thank you all for the information. If I do infact wait until I get this conviction overturned will I have issues getting into the states? Even though the conviction will be over turned and I should have not been arrested or charged in the first place?

You will need to speak to a lawyer who specializes in these types of things. Please don't take the advice of internet forums, no matter how much we've heard or seen on these situations.
Not sure what state you are in, but it is rarely seen in Victoria that given a suspended sentence is overturned (I can only wish you well). The question on the visa waiver form is "Have you ever been arrested OR charged with a crime"...your answer is Yes...you have been arrested.
However if you have no criminal record (you can get a copy of your police record for Visa purposes which will tell you everything, if you're lucky enough to get it wiped)
From what I know...it is around 6-7 month wait at the moment for an answer to come back from the consulate when you apply for a Visa. I doubt by July you'll have your passport back..and if you apply now..it will be a definite no.
Your only option is to wait out your court case, and then see how you go.