USA and aus immigration information sharing

[Jetfeeds]

Hi guys I have a spent conviction for theft (10 years ago) and have tickets to the USA in may. If I were to answer no to the visa waiver questions would it show up? Also if are usa immigration officers able to see how I've answered immigration questions when entering other countries?

 

[mella2007]

Hi and Welcome to AFF!

That is probably the million dollar question a lot of people want to know in similar situations! If you have a good look through the thread you posted in you will find various topics and comments from people in the same situation.

Any advice though on these matter shouldn't be taken from forums as it is a serious legal matter...so take from it what you will.

No idea which state you live in, however I believe from memory (and do not take my word on this) but I think Victoria is the only state that convictions will always remain on your record no matter how long ago or what it was for.
You could indeed answer no on the waiver, however if they do they find out you lied..you will be banned from entering the States and sent straight home. This can and does happen, even for people with "spent" convictions dating over 20 years.
I have no idea what any passport or immigration systems can see. I have heard stories of people ticking no and everything was fine, and of course what I mentioned above.
You can apply for a copy of your police record for purposes of a Visa check and you can see if the conviction was indeed spent by now....the record will show all. However, applying for the record for a purpose of a visa will also set off a flag in their system (if there are still convictions on it)....

There is no point going to the consulate, as your passport will not be back in time by May...

First thing is to look up your state law on spent convictions and decide for yourself, as I think NSW class 10 years as nothing showing up...among other states.

Good luck!

 

[Jetfeeds]

Hi and Welcome to AFF!

That is probably the million dollar question a lot of people want to know in similar situations! If you have a good look through the thread you posted in you will find various topics and comments from people in the same situation.

Any advice though on these matter shouldn't be taken from forums as it is a serious legal matter...so take from it what you will.

No idea which state you live in, however I believe from memory (and do not take my word on this) but I think Victoria is the only state that convictions will always remain on your record no matter how long ago or what it was for.
You could indeed answer no on the waiver, however if they do they find out you lied..you will be banned from entering the States and sent straight home. This can and does happen, even for people with "spent" convictions dating over 20 years.
I have no idea what any passport or immigration systems can see. I have heard stories of people ticking no and everything was fine, and of course what I mentioned above.
You can apply for a copy of your police record for purposes of a Visa check and you can see if the conviction was indeed spent by now....the record will show all. However, applying for the record for a purpose of a visa will also set off a flag in their system (if there are still convictions on it)....

There is no point going to the consulate, as your passport will not be back in time by May...

First thing is to look up your state law on spent convictions and decide for yourself, as I think NSW class 10 years as nothing showing up...among other states.
Good luck!

Thanks. The offence happened in nz and there is a clean slate act where it's wiped after seven years so I'm hoping this means it won't show up. If it is and I have flights booked for another destination after the states can I continue on my way there instead of being sent home?

 

[mella2007]

Thanks. The offence happened in nz and there is a clean slate act where it's wiped after seven years so I'm hoping this means it won't show up. If it is and I have flights booked for another destination after the states can I continue on my way there instead of being sent home?

I have no idea regarding NZ law...but I'm sure someone else on here will post in the morning.
Re your other questions. No you would not be allowed further travel onwards. You are sent back to your country of residence as per passport.

 

[serfty]

See this post for some reasonable advice: http://www.australianfrequentflyer....ustoms/usa-visa-dilemma-47249.html#post757040