USA Visas Merged Thread

[ozstamps]

Re: US with CRIMINAL RECORD, AUS/UK passports

I have flown to the USA over 50 times and filled out over 50 x I94's. As long as it is dated and signed they only glance at it.

My suggestion was a way to get around the issue for whomever asked the question.

I have no criminal record so I'd usually do it on the plane.

It contains name, DOB, hotel in USA and flight you arrived onto USA on. And all sorts of other stupid things like were you were of the naz_ party in the 1930s. Until recently it asked it you had ever been a member of the communist party. :shock:

You could complete one now for an August flight. There are a stack on these green I94's on check in counters ast SYD airports. If it was dated 5/7/07 and not 5/8/07 I suspect there is one chance in a million anyone would notice. Especially if completed before any court date.

 

[Lonely Flyer]

Re: US with CRIMINAL RECORD, AUS/UK passports

Only now come across this post and my advice will not help now as the OP has already gone we hope to the USA but as a lawyer there has been a mix of advice that is both misleading and wrong.

I do not know where the OP is but generally if it is a first offence he should have no conviction recorded if he makes the right noises in front of the Magistrate. He probably should have had a lawyer but I have seen plently of self represented people come up with no conviction. Just be able to present good reasons ie future employment opportunities etc. and speak clearly. Cannot see need for a barrister on such a matter.

Moral Turpitude relates to more serious offences than just being pissed and disorderly otherwise I would not have been allowed into the USA. That was long ago in my student days. Hang on I just forfeited my bail.

Now spent convictions also means that you can truthfully say on record that you have no convictions once the period has passed.

 

[ozstamps]

Re: US with CRIMINAL RECORD, AUS/UK passports

Now spent convictions also means that you can truthfully say on record that you have no convictions once the period has passed.

You ARE kidding right?

Chopper Reid walks right in and they say "have a nice day".

Right.

 

[d15.in.oz]

Re: US with CRIMINAL RECORD, AUS/UK passports

I have flown to the USA over 50 times and filled out over 50 x I94's. As long as it is dated and signed they only glance at it...

Maybe the reason for only glancing at yours, is the number of times that you have visited... perhaps demonstrating that you are less of a threat, and more of a benefit, to have entering the USA?!

...officals in USA are NOT that easy to get along with...

Please don't underestimate the professionalism and intellect of your border guards. May I suggest that most of them are able to determine who they will get along with and who they will press hard against - as this is what they have been trained to do?!

 

[ozstamps]

Re: US with CRIMINAL RECORD, AUS/UK passports

The other thing the I94 clearly says .. and you sign you agree .. is that you WAIVE your right to ANy kind of appeal of the officer's decision. Even at that airport.

And that means just that.

You get deported and can start all the legal noises you like from back here, but that ONE officer makes the call .. on-one else in many cases.

 

[serfty]

You ARE kidding right?

Chopper Reid walks right in and they say "have a nice day".

Right.

Absolutely not!

As I posted here: VISA WAIVER PROGRAM TO USA :

... If the offence was not of a 'sexual nature' and did not result in a jail term of six months or more (differs between the various state & Federal laws), the conviction becomes "Passed" or "Spent" after 10 years. ...

... [the legislation states] the Australian government should not pass on information about someone's "spent" conviction(s).

 

[serfty]

Here's a link to a web page with an image of the form as well as the a copy of the actual text: Sample I-94W Nonimmigrant Visa Waiver Arrival/Departure Form

 

[JohnK]

Re: US with CRIMINAL RECORD, AUS/UK passports

"moral turpitude" is a term that is used over here in USA for anything related to an offence or arrest. These days your criminal past follows you to the USA.

I would be very surprised if arrests that did not lead to convictions or arrests/convictions for minor offences ever made their way over to the USA. It would be a total waste of time. I think they would only be interested in offences like murder, manslaughter, sexual nature, weapons, drugs, forgery, larceny etc.

I had a friend recently deported back to Australia 12 hours after she arrived here because she was not aware of what "moral turpitude" meant. She never left the LAX airport until her departure the same night she arrived.

What was the reason for her deportation? Does your friend have a criminal record?

 

[serfty]

Re: US with CRIMINAL RECORD, AUS/UK passports

I would be very surprised if arrests that did not lead to convictions or arrests/convictions for minor offences ever made their way over to the USA. It would be a total waste of time. I think they would only be interested in offences like murder, manslaughter, sexual nature, weapons, drugs, forgery, larceny etc.


What was the reason for her deportation? Does your friend have a criminal record?

See thatwouldbeher's earlier posts in the VISA WAIVER PROGRAM TO USA thread:

http://www.frequentflyer.com.au/com...a-waiver-program-to-usa-6431-3.html#post97618


http://www.frequentflyer.com.au/com...a-waiver-program-to-usa-6431-4.html#post98274

 

[JohnK]

Re: US with CRIMINAL RECORD, AUS/UK passports

See thatwouldbeher's earlier posts in the VISA WAIVER PROGRAM TO USA thread:http://

Something is not right here! The first post refers to the friend as "he" on 5 occassions and "him" on 2 occassions whilst the second post refers to the friend as a "she" on 4 occassions and "her" on 2 occassions.

Slip of the keyboard? Different stories to protect the innocent?

 

[SilenceFOOL!]

Re: US with CRIMINAL RECORD, AUS/UK passports

There was a case in Melbourne quite similar to this very recently (say...last 6 months).
The person involved was let off without fine or convinction because the judge observed
that the words f%#k and the C-word were so common in the everyday vernacular of
most people that it was ridiculous to suggest that a person should be bought before a
court -and with the police expecting that they be fined and/or convicted- when that would
have serious ramifications for them for the rest of their lives. Hmmm....

 

[Bandicoot]

Re: US with CRIMINAL RECORD, AUS/UK passports

My partner was in this predicament for a drug offence in his early 20s, now in his late 50s. He sought a visa from the US embassy and was refused. They might ignore offensive behaviour but then again "felons" seem to have few rights in the US including being able to vote.

It is possible that you will have no conviction recorded - even if found guilty, given the implications of a criminal record. Anyway I would seek legal advice.

 

[stevemilo]

Diversion Program - No criminal Record - Can I travel ?

I'm travelling to the USA in November and was recently told I will be getting a summons for "obtaining property by deception". I was told by the detective that I will not get a criminal record, all I will get is a "diversion programme" and that way I won't have any records against my name as it is my first offence. Can I still travel to the USA if I don't have a criminal record ? Or do I need a visa ? I have already booked my holiday and paid for it.

 

[simongr]

Re: Diversion Program - No criminal Record - Can I travel ?

Welcome to AFF stevemilo

This thread has a lot of discussion regarding the VWP and offences where you are charged but not convicted of anything - a lot of conflicting opinions and advice.

My personal advice NOT AS A LAWYER is that if there is a question about visas and you cant afford to be turned around at the point of entry - just apply for a visa. If you don't you run the risk of beiong turned away and in future having to answer "yes - I have been refused entry to the USA previously"...

 

[stevemilo]

If a person does get a criminal record against their name and you don't declare it at customs in USA, how does customs find out ? Does their computer system recognise that you do have a record or is it just bad luck if they do find out ?

 

[stevemilo]

Re: US with CRIMINAL RECORD, AUS/UK passports

I'm travelling to the USA in November and was recently told I will be getting a summons for "obtaining property by deception". I was told by the detective that I will NOT get a criminal record, all I will get is a "diversion programme" and that way I won't have any records against my name as it is my first offence and the offence was very minor. I basically pawned something that I found and kept the money for myself ($100) Can I still travel to the USA if I don't have a criminal record ? Or do I need a visa ? I have already booked my holiday and paid for it.

 

[trooper]

Re: Criminal Record Charge

Interesting question...

I had (maybe naively?) always thought that the questions on ANY immigration/Customs/Quarantine form were there more to "pin you down" as it were... Yes or No......

What I mean by that is that is, if you make a "false declaration, regardless of the likelihood of your "lie" being found out, the fact of the "lie" on a form you have signed as being correct just simplifies the process of kicking you out IF the facts come to light... hard to argue with a declaration you voluntarily signed...

I have no idea what, if any, information is shared between nations, or the mechanism of such sharing...

 

[stevemilo]

If a person is deported back to Australia from the USA but you are with a friend who is allowed through, can the other person also come home with you at the same time ?

 

[Mal]

Re: Deportation Question

Deportation is an enforced departure from a country. If on entry, often the carrier who took you to a country is told to take you back home.

So technically, a friend with you could also be on that flight if they wished - of course depending on their fare conditions and whether they could get a seat on the same flight.

I wouldn't worry about your American trip so much (assume this is what you're worrying about). You have four options.

1. Offence is not subject to the conditions of the VWP, ignore it.
If Offence is subject to the conditions of the VWP:
2. Apply for a visa. Cop the consequences (including cancelling your trip) if denied (and the fun of applying)
3. Don't apply for visa. Use VWP but dont mention offence. Subject to deportation if discovered (and future US visit sanctions). May be able to talk your way out of it, but unlikely.
4. Don't apply for visa. Admit to offence on VWP form. (Similar to #2, but under discretion of admitting officer and still subject to deportation if deemed necessary ).

I would strongly suggest you chat to a US immigration expert or the US Consulate (anonymously of course!) about where you stand.

 

[Dave Noble]

Re: Deportation Question

To me , it looks like you have something which you believe would or could have an impact on whether you would be granted admission to the country. If you cannot truthfully answer to the questions on a VWP form such that you are eligable to enter, then you would, imo, be foolish not to obtain a visa

Getting deported could also have impact on getting future visas.

Dave