VISA Waiver Program to USA

[markis10]

Traffic Act offences are not crimes, DUI is not a traffic act offence and is a crime which is where the confusion lays, in short you do not have a criminal record for a traffic offence.

The 72 hour notice requirement being implemented for the Visa Waiver participants is for a reason, it does not take more than 72 hours for a records search to be completed by overseas authorities on our judicial system.

 

[Failsafe]

Just for clarity were you actually arrested? That is the question on the VWP form.

I received an expiation notice and a fine on the day hand written by the police officer. I paid my fine but the clerk at the post office entered the wrong notice number so I got a reminder notice, I then contacted the manager of the expiations branch with my receipt and they resolved it. (I still have the letter as proof and all the papers from the initial expiation, to the reminder, the receipt of payment, the court notice of hearing letter, and the result of the appeal)

I appeared in the civil division of the magistrates court in august when I was 17 and appealed to get my license re-instated. At no time have I been fingerprinted etc, my only correspondence with the police was the initial expiation form when he pulled me over and the reminder notice, followed by the court hearing.

But if in doubt, contact the US Consulate and ask.

I tried to call and got nowhere, would a travel agent be a better option to contact the consulate and arrange my trip? Seeing I am planning to travel sometime in August or October would the ESTA system be a good idea to use before leaving?

First time traveller can you tell, never even been on a plane just hopped states in cars so I am a little anxious. Sorry, information overload from googling, I am a chronic over researcher and over analyser

EDIT: Sent essentially what was written above to the consulate via email, their response came back in three minutes and I quote

Hi: Your speeding ticket is not a problem. niv section

Now at the risk of further cementing my appearance of being completely daft I assume that means I get to tick no in all the boxes now?

Thank you all for your help, I appreciate it

 

[NM]

Now at the risk of further cementing my appearance of being completely daft I assume that means I get to tick no in all the boxes now?

Without knowing your history or intentions when you get there, only you can answer that question . Though I can only assume you are not a member of the naz_ party or involved in war crimes in the 1940's, so that one is probably ok.

 

[daza1]

Can anyone please help me?
I have to go to Sydney to apply for a visa and I have got my court records and police clearance. I did get into a bit of trouble 13 years ago after my bucks night(as you do on these nights). I was arrested and charged with assault but was only given a fine at court. After reading some other stories on here I dont like my chances of getting a visa. Can anyone give me any advice on what to expect at the interview

 

[stevemilo]

DAZA1 - I will private msg you. I have been for an interview. Check your private msg inbox.

 

[stevemilo]

Does anyone know why Canada is as strict as the US with criminal charges. I was looking at the Canadian Embassy and you have to fill in a long form, bring in your police records, references etc. etc., it's even worse than applying for a US visa if you have criminal charges plus more expensive. From my understanding I thought Canada was more lax than the US, but obviously things have changed. As far as I know, these are really the only 2 countries that are actually strict with people who have been arrested/charged, not just people who have a criminal record which is all most countries want to know about. Also, does anyone have a copy of the Entry Form when entering Canada ?

 

[youngqueen]

Because of the new terror laws into USA your records for the last 5 years apparently now get into the USA before your plane lands. Apparently this is a new law to come into USA, and also you supply your current address and also where you are staying in USA as well. I actually checked this out with a congressman and he replied this info was correct.

When you say records, does that mean only arrests & convictions, or do you mean your whole police and criminal record which may include also any incident, discussion or enquiries with police, even in matters where there was never an arrest, infringement, conviction or charge......

Apparently back here when a lawyer subpoenas a persons criminal record in proceedings, that can be anything from an insurance case to a family law case, the record shows basically everytime you had any interaction with the police in full detail, so even if you were never charged, arrested or convicted, even when you weren't given an infringement, often in the detail there can be something that lurks, just curious if what they get would be that comprehensive.

What happens for Aussies who enter the US from an overseas location, eg YYZ, LHR, DUB etc? How would our authorities then be sending over the info when its not through one of our airports that the person is embarking on a flight into the US.

 

[Maca44]

When you say records, does that mean only arrests & convictions, or do you mean your whole police and criminal record which may include also any incident, discussion or enquiries with police, even in matters where there was never an arrest, infringement, conviction or charge......

Apparently back here when a lawyer subpoenas a persons criminal record in proceedings, that can be anything from an insurance case to a family law case, the record shows basically everytime you had any interaction with the police in full detail, so even if you were never charged, arrested or convicted, even when you weren't given an infringement, often in the detail there can be something that lurks, just curious if what they get would be that comprehensive.

What happens for Aussies who enter the US from an overseas location, eg YYZ, LHR, DUB etc? How would our authorities then be sending over the info when its not through one of our airports that the person is embarking on a flight into the US.

The only records they can/could have access to is your criminal history mainly because you have your fingerpints taken when you have been charged with a criminal offence and/or PCA/DUI. Whereas if you were not fingerprinted you could have been arrested, not charged, and provided the authorities with a different name. If you are fingerprinted and supply a different name to that which you might have been charged under previously then that is your alias. So, on the first time you are charged you give the name Donald Duck then that is your record name, and if you were charged a second time and gave your correct name then that is your alias. So, as fingerpints is the only way of confirming identity that is all they can go off otherwise they have heaps of problems.

 

[NM]

What happens for Aussies who enter the US from an overseas location, eg YYZ, LHR, DUB etc? How would our authorities then be sending over the info when its not through one of our airports that the person is embarking on a flight into the US.

It makes no difference how you arrive into the USA. The checks are the same. And "the authorities" (Australian) don't automatically send anything to other countries. The information the USA dept of Homeland Security receive is from the airline and includes your travel and personal details (like date and place of birth, passport number and place of issue, intended address in the USA etc), which is basically the same info as you will complete on the I94W form before arrival. They just want it early so they can have some time to trawl their databases for history that may affect your entitlement to enter the USA.

 

[MelUser]

When I was in Canada a couple of years ago I saw anti drugs adds on TV - presumably put out by the Canadian Government as a public health issue.

Anyway, in one of the adds it showed a group of young friends planning (from Canada) a trip to the US. One of the friends though had a conviction for some minor drug offence and therefore couldn't go and got upset etc etc.

It was very interesting seeing this Canadian public health campaign relying on US immigration laws to try and deter youngsters from getting into drugs!

 

[Evan]

When I was in Canada a couple of years ago I saw anti drugs adds on TV - presumably put out by the Canadian Government as a public health issue.

Anyway, in one of the adds it showed a group of young friends planning (from Canada) a trip to the US. One of the friends though had a conviction for some minor drug offence and therefore couldn't go and got upset etc etc.

It was very interesting seeing this Canadian public health campaign relying on US immigration laws to try and deter youngsters from getting into drugs!

I think this is just a case of whatever it takes. To keep young people from taking too many drugs (Not a saint myself of course)
But had i been say arrested for smoking a joint when i was 16 years old and given a warning, should that not allow me to enter the USA, well they have decided that this should be the case but its maybe a little extreme.
Thankfully i am able to enter using VWP without any questions

E

 

[agentc]

Hi there,

I know this has been done and dusted, but I'm just wondering...

When I was 14 (9 years ago) I stupidly stole a small chocolate bar in a shop. Naturally I got caught and taken to the police station, but there were no charges, no fingerprints were taken and all the cop did was set me straight and sent me home. He said if I came back for any reason within 5 years I would not only be charged for the choccie offense but the new offience.

Well I didn't end up getting into more trouble, but my question is, would that affect my eligibility for the VWP? I thinking it might be ok, since I was never formally charged for anything, the cop sent me on my way (after a barrage of lectures from Mum) I didn't sign anything or have any fingerprints taken.

I'm only worried because it asks if I have ever been arrested or convicted, I was only really taken to the police station in the back of the van (no handcuffs - no reading of the rights (?) or anything ). My Mum says that he only wrote it in his personal book, so I'm not too sure.....


What are your experiences with getting in on the VWP and is it likely they are going to know about this experience? Looking at Victoria Police, any crime which was done when you were a minor gets wiped after 5 years (and I'm 24 next month) so I'm thinking I'm ok??

Sorry this is long and it has been done before, but this is my first trip overseas and I want to cover all bases early so there are no troubles. Also, apologies for the n00b questions.

Thanks in advance,
Elise

I too have been caught, and I'm from NSW.

When I was in primary school, about 15 years ago, I hung around with the wrong crowd and as a result I got caught for shoplifting twice, first time, I stole a few chocolate bars and some Lego, second a magazine. Both times I was taken to the police station and then was taken to my parents restaurant they owned at the time and was belted both times by dad in front of the police. The police never said anything about a conviction or being charged and also never heard from them afterwards, not even a phone call. A few years later in high school (now over 10 yrs ago), I was doing some pranks like lighting matches, knocking on people's doors & running off. I was stupid and did it to the same unit twice in two days and a guy came out holding a piece of wood. He grabbed me and took me to the police. The police took me home again and didn't say anything about me being charged or a conviction and I also didn't hear from them again. Also earlier this year, I was out celebrating a mate's birthday, was totally wasted and we stopped somewhere to relieve ourselves. Unfortunately I chose a closed shopfront rather then the laneway my mates had chosen and a cop car happened to be passing by. I didn't have ID as I'd lost it that night but I did give the officer my correct name and address, DOB, I wasn't gonna lie cause they said they'll lock me up for the night, they also did a check on the police radio and a second officer took a friend's details, maybe in case I lied. I got fined for "offensive behaviour" and paid it. This is also the first run-in I've had with the police since the high school incident.

I've also read up on moral turpitude and still a bit unsure. I'm going to the U.S. in mid August for my sister's wedding. At the time of booking my flights about a month ago, the agent asked if I'd ever gone to court for anything, I told him no but did mention getting caught for shoplifting and he said I'll be right.

 

[Maca44]

I got fined for "offensive behaviour" and paid it. This is also the first run-in I've had with the police since the high school incident.

I've also read up on moral turpitude and still a bit unsure. I'm going to the U.S. in mid August for my sister's wedding. At the time of booking my flights about a month ago, the agent asked if I'd ever gone to court for anything, I told him no but did mention getting caught for shoplifting and he said I'll be right.

If you did not have your fingerprints taken, you will be fine. Although you have committed a summary offence, and received a fine for your actions, you do not have a criminal conviction and, as such, there is no way of authorities checking on you. I would write 'no' to the answer have you been arrested or charged, even though you were technically arrested. As I mentioned in a previous post that a friend was charged, and the matter withdrawn before it reached court, but he still went on-line and applied for a visa to visit the USA. After paying the $14 fee, going through the various pages it states that if you do not have a criminal conviction you do not need to continue with the process, which is completely different to other sites that indicate you should apply if even arrested.

 

[carolanne1951]

Oh well I've got no chance if that's the case. My offences will not be viewed at all favourably. I just wish you didn't have to go thru the whole process and get your hopes up only to have them dashed. How do you access a US immigration lawyer?
Thanks,
Carol

 

[agentc]

If you did not have your fingerprints taken, you will be fine. Although you have committed a summary offence, and received a fine for your actions, you do not have a criminal conviction and, as such, there is no way of authorities checking on you. I would write 'no' to the answer have you been arrested or charged, even though you were technically arrested. As I mentioned in a previous post that a friend was charged, and the matter withdrawn before it reached court, but he still went on-line and applied for a visa to visit the USA. After paying the $14 fee, going through the various pages it states that if you do not have a criminal conviction you do not need to continue with the process, which is completely different to other sites that indicate you should apply if even arrested.

Thanks. I know I didn't have my fingerprints taken for that fine as it occurred in the early hours and I was let go and also the prank incident. I can't recall if I did have them taken for when I was caught shoplifting twice, it's so long ago. I know that I didn't go court and from what I've found out if you don't go to court and go before a magistrate/judge, you don't have a criminal record. Is this right?

I know what I did was bad, I regret it and I've matured since then, I'm just a bit worried cause I was looking up some holiday stuff on Google and happened to click on some forum topics on a travel site about people being sent home straight away and I don't want that happening and leave, plus inconvenience my parents who don't speak English that well on their own in San Francisco as we're stopping there first, even though my sister is a few states away in Chicago and miss the wedding too.

 

[gamert]

DAZA1 - I will private msg you. I have been for an interview. Check your private msg inbox.

Dude i have to probly go for an interview with Canada and USA in the next few months can you give me a heads up on what to expect... i have been b4 but now this new ESTa thing i'm probably gonna have to go for the interview

 

[mayhemdiva]

i have just been through the humiliating process with a friend who is applying for a us visa...(watching 60 year old men come out from the consulate crying having been refused a visa for offences committed when they were 18 is not amusing)..after my friend had to take all his belt, shoe laces etc tie off prior to entering having paid $15 for the pleasure of making the interview and $155 for the visa application he had admitted two drink driving offences and was sent to a special doctor ( one of only two in Victoria) for a $150 medical examination which consisted of questions only...thats right, no physical, urine test etc...then the report had to be sent back to consulate..that was over 6 weeks ago and we leave in the next few weeks..so far no visa, no reply and no way of contacting them to find out the progress...it amazes me that Ben Cousins was allowed in or for that matter how half of the USA is allowed to leave and re enter their own country if the standard they hold us to is the same for their own (moral turpitude)..at least it will keep Britney Spears away from Australia..lol...I respect every countries right to defend their borders, but traffic offenses are hardly 'moral crimes' not evidence of an underlying medical/psychological issue..I also question how they know we have done the wrong thing unless our government gives them access to our criminal files???
good luck to everyone who has to use this system to enter the USA..my friend has just blown over $4000 waiting for a visa that never came...

 

[simongr]

good luck to everyone who has to use this system to enter the USA..my friend has just blown over $4000 waiting for a visa that never came...

How does 15+155+150=4000 or was that a typo? Has the visa actually been denied?

In relation to Ben Cousins do we know that he didnt have to go through the same process and I cant recall if he was actually convicted of/charged with a crime/criminal offense?

 

[simongr]

Dude i have to probly go for an interview with Canada and USA in the next few months can you give me a heads up on what to expect... i have been b4 but now this new ESTa thing i'm probably gonna have to go for the interview

The electronic application is no different to the paper application.

 

[Skyring]

If you did not have your fingerprints taken, you will be fine. Although you have committed a summary offence, and received a fine for your actions, you do not have a criminal conviction and, as such, there is no way of authorities checking on you. I would write 'no' to the answer have you been arrested or charged, even though you were technically arrested. As I mentioned in a previous post that a friend was charged, and the matter withdrawn before it reached court, but he still went on-line and applied for a visa to visit the USA. After paying the $14 fee, going through the various pages it states that if you do not have a criminal conviction you do not need to continue with the process, which is completely different to other sites that indicate you should apply if even arrested.

The legislation, referred to in summary here: http://www.state.gov/documents/organization/86942.pdf requires a conviction. Just being arrested for lewdness or pandering isn't enough, but if you've been convicted of either, they won't give you a visa waiver. coughy and fornication, even if you've been convicted, aren't deemed as moral turpitude, so most of the FBs here would be OK.

Even in clear simple language, the thing's confusing and ultimately ridiculous. My appreciation is that if the USA doesn't want you, they can find something in there to either refuse you or make it so bloody inconvenient and expensive that you will run away screaming.

I wouldn't get too wrapped around the axles about forgetting to admit to arrests for little things that happened a long time ago. If you were arrested for shoplifting thirty years ago, who cares? I doubt that the Americans really want to spend the time of their public servants trying to dig up trivia, just to find out that the official records are long gone, the matter was never heard in court and you had to give the Jaffas back.

But if you've been freshly released from a long sentence for murder, you lie about it and they find out, don't count on having that fun holiday in Vegas.