USA Visas Merged Thread

[stevemilo]

I don't have anything to hide. I have not been charged with anything and I will not be as I have been told that it is my first offence and it is very minor and all I will be required to do is a "diversion program" and I will NOT get a criminal record. I spoke to Legal Aid and they told me because I did not get any paperwork to state I was arrested for a crime, then I do not have anything to worry about. All I have to do is attend court when I get a summons and put on a diversion program. So, I doubt that any of this will warrant me ticking "yes" on the entry form. Your thoughts ?

 

[NM]

Note that the questions on the I94W form ask whether you have been arrested or charged with specific types of crimes, not only whether you have been convicted.

 

[Maca44]

I don't have anything to hide. I have not been charged with anything and I will not be as I have been told that it is my first offence and it is very minor and all I will be required to do is a "diversion program" and I will NOT get a criminal record. I spoke to Legal Aid and they told me because I did not get any paperwork to state I was arrested for a crime, then I do not have anything to worry about. All I have to do is attend court when I get a summons and put on a diversion program. So, I doubt that any of this will warrant me ticking "yes" on the entry form. Your thoughts ?

If you are issued with a summons to attend Court, similar to a Court Attendance Notice in NSW, and are not charged/fingerprinted etc, then technically you have not been arrested or charged with an offence. In some instances however, after a person attends court vide a summons/CAN for a more serious offence as for some reason he was unable to have been processed in the first instance due to injury etc, and after they attend Court, they may be required to be taken to the Police Station where they are charged/fingerprinted.

However, if not charged, fingerprinted or conviction recorded then I suggest you satisfy the necessary requirements to enter the USA under the VWP.

 

[stevemilo]

If you are issued with a summons to attend Court, similar to a Court Attendance Notice in NSW, and are not charged/fingerprinted etc, then technically you have not been arrested or charged with an offence. In some instances however, after a person attends court vide a summons/CAN for a more serious offence as for some reason he was unable to have been processed in the first instance due to injury etc, and after they attend Court, they may be required to be taken to the Police Station where they are charged/fingerprinted.

However, if not charged, fingerprinted or conviction recorded then I suggest you satisfy the necessary requirements to enter the USA under the VWP.

I was fingerprinted after I had my interview with the detective but I was not charged with an offence and did not receive any paperwork to state that I was charged. I was just told I will receive a summons but will not get a criminal record. Does this matter ?

 

[simongr]

steve - I would strongly suggest speaking to someone who is an immigration specialist/lawyer rather than relying on us here. We are great for working out teh best seat, maximum mileage etc. but I for one would be very concerned if you relied on our inexpert advice on such a margin call.

Is applying for a visa that hard?

 

[NM]

I am not sure of the fingerprinting process in such circumstances. However, the fingerprint scan that is used upon arrival into the USA does not data match against law enforcement databases. It is used to make a link between a passport and a passenger, so that if that passport is used by a different person in the future, they will know immediately.

It does not work the other way, where they check for having your fingerprint on file. So if you arrive with a new passport (as I did on my last visit) the system does not flag that the fingerprint matches a different passport.

So the first time a passport enters the USA, the fingerprint is scanned and attached to the file. So if that passport is used again for entry into the USA the original scan is compared with the new entry scan to ensure its the same person.

Now if they only scanned all US citizens as well, and shared the scans with the US law enforcement agencies, they would probably be able to solve a lot of crimes . But solving crimes in that manner seems to be unconstitutional.

And its interesting that they are happy to have US citizens with criminal records roaming freely around the country, but not people who happened to be born elsewhere.

 

[Dave Noble]

I was fingerprinted after I had my interview with the detective but I was not charged with an offence and did not receive any paperwork to state that I was charged. I was just told I will receive a summons but will not get a criminal record. Does this matter ?

My belief is that they are looking for disclosure on appropriate crimes. Even if you believe that you may technically not have to disclose it, they are fully within their rights to refuse you admission to the country with you having no right of appeal

To me, what you are referring to , is something which would have possible effect on whether they would grant you access. I would recommend just applying for a visa and seeing how it goes. If it is a minor crime, they likely would allow you admission. Surely it is better to find out here before you go rather than risk deportation back to Australia on arrival?

I wouldn't risk playing the strange peculiarity of the Australian system as giving a safe use of the VWP; I would consider what their intent is and work accordingly

If they refuse you a visa, you have time to organise an alternative trip

Dave

 

[Dave Noble]

And its interesting that they are happy to have US citizens with criminal records roaming freely around the country, but not people who happened to be born elsewhere.

Umm... US Citizens have the right to enter the country; no different to Australia with Australian Citizens

Dave

 

[stevemilo]

steve - I would strongly suggest speaking to someone who is an immigration specialist/lawyer rather than relying on us here. We are great for working out teh best seat, maximum mileage etc. but I for one would be very concerned if you relied on our inexpert advice on such a margin call.

Is applying for a visa that hard?

I will be unable to apply for a visa because my court case might not be until a couple of weeks before my trip and it can take 4-6 weeks to get a visa approved. The best option would be to adjourn my court case until I come back.

 

[one9]

I was fingerprinted after I had my interview with the detective but I was not charged with an offence and did not receive any paperwork to state that I was charged. I was just told I will receive a summons but will not get a criminal record. Does this matter ?

Once you get a Summons, the matter goes to the court. Usually a magistrate has quite a bit of discretion. I would be skeptical of a police officer saying that you won't receive a criminal record. I would suggest the police officer is assuming that you would not receive a criminal record. If this is the case, he is meaning that the offence is small and he would find it unlikely for you to be given a criminal record. But don't forget the seperation of powers. He can not control whether or not you get a criminal record. So for this reason, if you have not already done so, I would consult a solicitor when you get your Summons. It is much better to be safe than sorry. (Note that certain offences have minimum and maximum penalties - but these are usually driving related offences)

 

[stevemilo]

Once you get a Summons, the matter goes to the court. Usually a magistrate has quite a bit of discretion. I would be skeptical of a police officer saying that you won't receive a criminal record. I would suggest the police officer is assuming that you would not receive a criminal record. If this is the case, he is meaning that the offence is small and he would find it unlikely for you to be given a criminal record. But don't forget the seperation of powers. He can not control whether or not you get a criminal record. So for this reason, if you have not already done so, I would consult a solicitor when you get your Summons. It is much better to be safe than sorry. (Note that certain offences have minimum and maximum penalties - but these are usually driving related offences)

I have spoken to Legal Aid and they advised me that the magistrate will 99% not convict me of any crime but if I am then I have been advised to adjourn the court date and seek legal aid. This is all over property I found belonging to someone else and pawning it for $100. I have been told it is an extremely minor issue plus it is my first offence.

 

[Dave Noble]

I will be unable to apply for a visa because my court case might not be until a couple of weeks before my trip and it can take 4-6 weeks to get a visa approved. The best option would be to adjourn my court case until I come back.

Why don't you apply for the visa now? you don't need to wait till the court date and will make no issue given that you admit the crime

Dave

 

[stevemilo]

Why don't you apply for the visa now? you don't need to wait till the court date and will make no issue given that you admit the crime

Dave

I have read the visa requirements and I need copies of court dates, results etc. I do not have any documentation yet as the detective told me that I will not be receiving anything for the next 2 months. So what's the point of me applying for a visa if I don't have any court documentation ?

 

[Maca44]

The main purpose of fingerprinting (excluding ilimination) is to identify an offender who has committed a crime, and although you have been told that you have a 99% chance of a conviction not being recorded you are still left with that 1% chance that you will do. Also, re the main purpose of taking fingerprints, the Police take latent prints to cross reference them against court action/proceedings. If they have correctly identified you, what other reason is there than to cross reference the prints, against the offender, against the court result.

I would not take the risk and apply for a visa, and then after your hearing date you still have a couple of weeks to provide additional documentation to the US Embassy. It would be a costly exercise to not apply for a visa, and get returned at the boarder.

 

[simongr]

Here I wade in with my less than friendly boots. stevemilo I am not sure what you are looking for. We have had questions like this before where someone asks a question, doesn't get the advice they want and then posts numerous responses justifying the answer that they want.

The advice here is pretty universal - apply for a visa. People here are by and large cautious individuals - they would not take the risk. You may not believe that there is a risk but no-one (well almost no-one) here is advocating not applying for the visa.

My view now is that if you believe that you don't need a visa and can go through on the VWP then go for it. Good luck to you - I hope you don't get stopped - that would be horrible for you. In all likelihood you might get through ok and that would be great for you.

Let us know how it turns out - empirical evidence is always useful when answering these sorts of questions when people post in the future.

S

 

[stevemilo]

Yes, I will let you know the outcome. I have applied for a police record first, as soon as I get that, I will decide what to do next.

 

[stevemilo]

Well, everyone wanted to know the outcome and the outcome sucks ! coughK the USA ! Cause of a stupid mobile phone that I pawned I am banned from the USA for 5 years. The USA sucks and because of this I am never going back. I can guarantee you that in a few years 50% of Australians will be denied visas to the States ! If anyone wants to ask me more questions about it etc. or wants to know anything about it, just shoot me an msg. Cheers, Steve

 

[simongr]

Were you refused a Visa? Or did you try without one?

S

 

[stevemilo]

Refused a visa at the consulate. Even the consulate guy thought that it was stupid but "those are the rules" Stuff the rules, I'm off to Europe now. At least I don't need to be made to feel like a criminal there.

 

[Dave Noble]

Refused a visa at the consulate. Even the consulate guy thought that it was stupid but "those are the rules" Stuff the rules, I'm off to Europe now. At least I don't need to be made to feel like a criminal there.

To be fair though, selling an illegally obtained mobile phone is a criminal offence and they are within their rights to treat the applicant as a criminal and to refuse entry. A UK or US person attempting to visit Australia with a criminal record may themselves have problems. I do not see how your assetion that >50% of Australians will be ineligable for US visas can validly be asserted based on the US Consulate declining to offer you a visa

Australia's system where recording of a criminal conviction seems not to be automatic when a conviction occurs is a peculiarity that it is not reasonable for other countries to take into account.

It is a shame that you failed to get a visa, but this has to be better than the risk of getting to the USA and being deported back. At least now you can replan the trip to go somewhere else. Hope you do enjoy Europe, should be pleasant

Dave