USA Visas Merged Thread

[trooper]

Imagine that... being treated like a criminal after being convicted of a crime.

What next? Being held responsible for ones own actions?

And for enforcing widely known/published rules a whole country "sucks"?

Not really trying to be mean to you Mate.. is IS unfortunate.. but treating the matter with some sense of proportion... and perhaps accepting that it wasn't the mobile phone that was "stupid" might help....

 

[stevemilo]

1. I actually haven't been convicted of any crime yet. I haven't even been issued a summons yet and haven't you heard of "innocent until proven guilty" ?? I was simply arrested for questioning.

2. LOL, I hardly doubt a US citizen would run into such problems considering Akon managed to make his way to Australia after being in jail and having god knows how many convictions against his name. The USA and Canada are the only 2 countries that have that "Have you been arrested &/or convicted a crime" question.

3. The immigration rules of the US and Canada stink as far as I'm and many other people I know are concerned. I have no prior convictions, I have never even had a speeding fine in my entire life. This was just a minor mistake I made that I'm sure other people have made before but unfortunately mine caused me these problems.

4. Of course 1000's of Australians will now be refused visas considering they also bought in drink driving offences as a reason to apply for a visa. Before you know it, 1/2 of the people who want to travel to the USA/Canada will have to apply for a visa.

5. The mobile phone was not "illegally" obtained. It was found on the side of the road. I was wrong for pawning it, but I wasn't wrong for picking it up. I should have handed it into a police station, that's where I went wrong.

6. Do you know if I will have any problems getting into London ? I have checked the British embassy and they don't have any information about people having to apply for visas who have been arrested.

Thanks for writing back to me guys by the way even though I might not fully agree on what some of you say. Steve

 

[one9]

As far as I am aware, the question on visa waiver form is:

""B Have you ever been arrested or convicted for an
offense or crime involving moral turpitude or a
violation related to a controlled substance; or been
arrested or convicted for two or more offences for
which the aggregate sentence to confinement was five
years or more; or been a controlled substance
traffiker; or are you seeking entry to engage in
criminal or immoral activities ? [YES] [NO]"

And as far as my understanding, a drink driving matter (or DUI as americans say) is not an offence or crime involving moral turpitude.

 

[Dave Noble]

5. The mobile phone was not "illegally" obtained. It was found on the side of the road. I was wrong for pawning it, but I wasn't wrong for picking it up. I should have handed it into a police station, that's where I went wrong.

Except that taking it with the intent to keep it, is a crime and so was illegally obtained.

Any country is permitted to make any restrictions on who they want to allow in and if you were attempting to visit Australia from, say the UK, and you had committed such an offence there, then you would be ineligable to enter Australia under the ETA scheme and would have to apply for a visa, which may or may not be granted

I can understand why they would treat having been arrested but not yet been to court in the same manner as a conviction to avoid granting a visa to someone who has committed a crime but just hasnt been to court yet. If you go to court and are acquitted of the offence , would you then be eligable to apply for a US visa without having to wait the 5 years?

Dave

 

[Hawkeye]

And as far as my understanding, a drink driving matter (or DUI as americans say) is not an offence or crime involving moral turpitude.

The following is a link to the US State Department website, giving info on crimes considered to involve moral turpitude.

http://foia.state.gov/masterdocs/09fam/0940021aN.pdf

DUI charges are not considered to involve moral turpitude. The distinction between many of the categories would require a reasonable understanding of the US legal system.

 

[stevemilo]

Drink Driving IS now an offence and you have to apply for a visa. Check out this website. It is the official American Embassy website: Arrests and/or Convictions & How they affect your NIV application

 

[stevemilo]

When I arrive into Heathrow is there a question on their customs card asking about previous arrests ? Will I have problems entering the UK ?

 

[Hawkeye]

Drink Driving IS now an offence and you have to apply for a visa. Check out this website. It is the official American Embassy website: Arrests and/or Convictions & How they affect your NIV application

Drink driving has been an offence for a long time. It is not, however, considered an offence against moral turpitude.

I was responding to a direct query by one9, with a link that had previously been posted on a prior thread on that question.

 

[stevemilo]

I know that but I'm saying that you still have to apply for a visa even if you had a drink driving offence. Basically they look unfavorably at any offence that you have committed over the last 5 years. No matter what the offence is, forget even trying to apply for a visa until 5 years has passed. Trust me, I was there last week, I know how stressful and expensive the whole procedure is, let alone waiting for 1 hour before you get served at a window with layers of thick glass in a tiny room stand up room.

 

[JohnK]

Drink Driving IS now an offence and you have to apply for a visa.

I have had a drink driving charge and conviction and was worried about my recent trip to the US. I sent email to US consulate in Sydney and was told as there was no jail time imposed that I could enter the US under the VWP but to have the court documents with me.

Silly me answered "Yes" to previous arrests or convictions, just in case, on the green I94W form and was then interviewed. After about 10 minutes I was told no problem and I could enter the country and next time answer "No" to this question. Hindsight is wonderful. I really think they are only after serious criminals not someone who stole a loaf of bread.

I am sorry you didn't get the visa for the USA.

 

[Dave Noble]

. Hindsight is wonderful. I really think they are only after serious criminals not someone who stole a loaf of bread.

Theft is a crime that has to be reported , even a loaf of bread. DUI isn't to my knowledge

Dave

 

[stevemilo]

Can I ask how long ago your drink driving charge was ? Oh well......there's not much I can do about it now except wait. The imm. officer told me I can try in a couple of years and see how I go. I guess there's heaps of other countries to travel to in the interim. I just feel like a prisoner and it's not a good feeling. I wish Dave Noble could have a little sympathy for me, literally everyone I have told can't believe over sumthing so small I was refused a visa. I feel as though Dave thinks that I deserved the punishment to be refused a visa. Anyway, each to their own................

 

[Dave Noble]

Can I ask how long ago your drink driving charge was ? Oh well......there's not much I can do about it now except wait. The imm. officer told me I can try in a couple of years and see how I go. I guess there's heaps of other countries to travel to in the interim. I just feel like a prisoner and it's not a good feeling. I wish Dave Noble could have a little sympathy for me, literally everyone I have told can't believe over sumthing so small I was refused a visa. I feel as though Dave thinks that I deserved the punishment to be refused a visa. Anyway, each to their own................

I have no issue one way or other what grounds the USA uses for decisions for granting or denying a visa and I neither feel that you deserved to be refused a visa not feel that you deserved to be granted one; I can understand why they would do so though

Theft of a mobile phone ( which is what taking the phone with the intent to keep it is ) is a crime and mobile phones do have a value which is more than $100, even if you do not think that it is a crime, though you assert that "The mobile phone was not "illegally" obtained. It was found on the side of the road. " ; you cannot have believed that the person who owned the phone deliberately left it by the side of the road to dispose of it surely?

It does seem that the rules for a visa to the USA would make such a crime , regardless of the fact that you believe it to be v minor, ineligable for a visa . I think that it was fortunate and sensible that you did take the advice given and apply for a visa and that you have avoided the risk of flying there without a visa and getting deported straight back to Australia on arrival

Dave

 

[JohnK]

Can I ask how long ago your drink driving charge was ?

It was close to 3 years ago.

I guess there's heaps of other countries to travel to in the interim. I just feel like a prisoner and it's not a good feeling.

The USA is just one destination.

I am also not convinced that everyone travelling to the USA is squeaky clean. But this is a public forum....

 

[simongr]

The USA is just one destination.

I am also not convinced that everyone travelling to the USA is squeaky clean. But this is a public forum....

Not sure what you mean by that JohnK. What is the link between public forum and some people lieing on their VWP forms?

I think it is unfortunate for stevemilo to be knocked back for something so minor - but every time we do something that is illegal we run the risk of implications for us in the future.

 

[JohnK]

Not sure what you mean by that JohnK. What is the link between public forum and some people lieing on their VWP forms?

Link? I know of and have heard of many people with minor criminal offences lying on I94W and still admitted into the USA. Luck? Which leads me to believe that there is no information exchange between Australia and the USA on what most people consider minor crimes, eg stealing a loaf of bread, pawning a mobile phone, drink driving charge, possession of marijuan_ etc. Yes I know they are still crimes but you cannot put someone who was convicted of armed robbery or someone convicted of rape and someone stealing a loaf of bread or smoking dope in the same category.

Anyway as I said this is a public forum and I have already said too much....

 

[simongr]

Anyway as I said this is a public forum and I have already said too much....

Again I don't understand what too much has been said. Even if you posted

"simongr whose real name is Simon Smith and travels under passport number 123456789 travelling on QF11 to LAX on Sep 28 has a conviction for armed robbery and intends not to declare this on VWP form"

I don't see what anyone would do with this information. I can't believe US or Oz immigration are reviewing public forums looking to find people who may misdeclare.

 

[straitman]

Again I don't understand what too much has been said.

.... doesn't want to incriminate himself or anyone else here :mrgreen:

 

[simongr]

Ah - I get you. You say "simongr never declares his robbery convictions and always gets through ok" and some gimoboid takes that to mean they dont have to declare their drugs charge and when they get turned back at LAX they blame you and hunt you down with a snipers rifle...

 

[straitman]

Ah - I get you. You say "simongr never declares his robbery convictions and always gets through ok" and some gimoboid takes that to mean they dont have to declare their drugs charge and when they get turned back at LAX they blame you and hunt you down with a snipers rifle...

Pretty good logic for an armed robber