VISA Waiver Program to USA

[serfty]

Hi Jezzy, welcome to AFF.

I believe convictions in WA become spent after 10 years (unless you have a spent conviction order).

 

[zetski210]

Hi Jezzy, welcome to AFF.

I believe convictions in WA become spent after 10 years (unless you have a spent conviction order).

The US immigration does not care how long ago any convictions were, only if they were of "moral turpitude". This does not include drink driving, or having heated arguments with the police.

In the US immigration's eyes, simply being arrested counts as an immigration conviction. It is irrelevant which states in Australia consider a conviction spent after so much time, the question on the VWP is "...have you EVER been arrested...".

Even if it was 50 years ago, you still must declare it!!

 

[serfty]

... Even if it was 50 years ago, you still must declare it!!

But if said convictions are "Spent", how are the US authorities going to know?

It's against Australian legislation for Government Authorities to make information regarding spent convictions available to anyone.

... The only other alternative is to tick "NO" on the forms and have an easy run through. Unless you have serious, multiple convictions on your record, the US immigration system has no way of retrieving your record(s) unless you are applying for a job! ...

People do indeed, fill the form as you suggest, using this spent conviction legislation to gain access to the USA under the VWP.

Note that your issue occurred circa 2001 and it would be another year or two before your conviction can become "Spent".

 

[zetski210]

But if said convictions are "Spent", how are the US authorities going to know?

It's against Australian legislation for Government Authorities to make information regarding spent convictions available to anyone.

People do indeed, fill the form as you suggest, using this spent conviction legislation to gain access to the USA under the VWP.

Note that your issue occurred circa 2001 and it would be another year or two before your conviction can become "Spent".

Yes, but I've already admitted to it - they now have a record of my convictions...

I'm pretty sure that if I tried to go through, I would be flagged when my passport is scanned!

 

[mayhemdiva]

Strangely enough I posted on this thread when about to head off to the US in October 2008. Immigration could not have been more disinterested in the US, but it still cost us dearly to get my travel partners visa through. i still wonder how all these so called celebrities and rock stars get in and out of US if they judge on moral turpitude. How did Michael Jackson hope to get into the UK for his tour??? let alone heaven...(please no hate mail..it was a joke)
I do not believe that the Australian authorities are releasing documentation to the USA of citizens convictions etc. I think they just rely on the basic honesty that Aussies have about these type of lower end offences that are causing all the trouble to people travelling..its a good money spinner for the US.
I am off to the Middle East again this year..much easier to get into.

 

[tc79]

Hey,
After reading the posts and various opinions Im still not entirely sure where I stand so thought I'd ask.... I realise this topic has been discussed quite a bit but Im still uncertain of what to do (besides never go to USA)

Crime: Shoplifting (NSW)
Verdict: Charged, found guilty
Punishment: 12 month good behaviour bond (completed in 2008), no conviction recorded (under Section 10).

Dilemma: Want to travel to Hawaii but am worried that I do not qualify for VWP. Do Spent convictions show up on criminal record checks?
Anyone else been in similar situation and answered no on the form? gaining access to USA ok? would love to hear more stories to get an idea of what to do......go via Embassy or answer no & try my luck???

Cheers

 

[Dave Noble]

It seems to me that you are ineligable for entry on a visa waiver and that getting a visa is the way to go. if you get denied admission for lying on the entry it would be much worse.

Dave

 

[mayhemdiva]

Yes you must apply for a visa..and don't wait..it can be lengthy and costly so get cracking...you have to book over the internet or phone and there is no human contact until the day you have to go in for you appointment.

If you lie and our found out, you can kiss you ticket goodbye..they will and do send you straight back home...
is it really worth the stress???
Good luck..have all your documents about your 'criminal'matter with you, court records, the actual charge, etc..try and get them before you go in it makes it so much faster..take the kitchen sink just in case that is how technical they can be..happy trails

 

[zetski210]

When you obtain a police history check, they will ask you what type of criminal history you require. A VISA type will only show criminal convictions obtained in Australia. A PERSONAL or EMPLOYMENT type will show all arrests and convictions.

If the US immigration department decides to access your criminal history, they can only access the VISA type and consequently will see a blank record.

The only way US immigration can discover a arrest without (criminal) conviction is if you tell them (admit to it). If you choose to admit to it, expect a very lengthy VISA application process.

On the other hand, if your crime(s) are not serious, and you've been a good person since, then you might as well get a temporary VISA and travel without any worries, just a lot of time and money spent in the process. You can also pay an extra $32(ish) AUD and get a 5yr VISA.

 

[Dave Noble]

When you obtain a police history check, they will ask you what type of criminal history you require. A VISA type will only show criminal convictions obtained in Australia. A PERSONAL or EMPLOYMENT type will show all arrests and convictions.

If the US immigration department decides to access your criminal history, they can only access the VISA type and consequently will see a blank record.

The only way US immigration can discover a arrest without (criminal) conviction is if you tell them (admit to it). If you choose to admit to it, expect a very lengthy VISA application process.

On the other hand, if your crime(s) are not serious, and you've been a good person since, then you might as well get a temporary VISA and travel without any worries, just a lot of time and money spent in the process. You can also pay an extra $32(ish) AUD and get a 5yr VISA.

I would say this is very bad advice. Lying on a visa application is a v bad idea and can lead to long term inability to enter USA and can cause problems getting visas elsewhere. Other places do ask questions such as "have you ever been refused a visa"

Dave

 

[straitman]

I would say this is very bad advice. Lying on a visa application is a v bad idea and can lead to long term inability to enter USA and can cause problems getting visas elsewhere. Other places do ask questions such as "have you ever been refused a visa"

Dave

Dave,

I do not agree with what you are saying about the post from zetski210!

Put simply the first three paragraphs are statements of (we are assuming) fact that do not suggest what should or should not be done or that anyone should lie on a Visa application.

The fourth paragraph suggests getting a Visa which is really quite good advice.

 

[zetski210]

Dave,

I do not agree with what you are saying about the post from zetski210!

Put simply the first three paragraphs are statements of (we are assuming) fact that do not suggest what should or should not be done or that anyone should lie on a Visa application.

The fourth paragraph suggests getting a Visa which is really quite good advice.

Thankyou, I do not like being taken out of context...

My advice to anyone is, in fact, TO GET A VISA!!!
I was merely stating observations from my experience going through the process.

1) The VIC Police informed me that if I only got a VISA type criminal history it would not display any "non-conviction" related arrests or charges. They do NOT issue a PERSONAL criminal history to anyone except the individual or departments of Australian Govt, and never without the permission of the individual.

2) When you have an interview at the consulate, they ask you "have you ever been arrested..." If you answer yes, they wish to see how many times and what for.

3) If criminal record that is presented to the US consulate does not indicate any prior arrests, they will ask for one that does as you have admitted to prior arrests.

Deduction - The ONLY way they can acquire knowledge of prior arrests if if you notify them.

PS: Any arrests regarding suspected terrorism are treated separately. The US will find out about these.

 

[Dave Noble]

I just read the 1st 3 paragraphs as being reasons on why you might get away with it and the paragraph saying "on the other hand , if the crimes were not serious then you might as well apply for a visa which suggested to me that in other cases just to try n get away with it

My misunderstanding

Dave

 

[zetski210]

No worries, I just don't want to get the blame for anyone being banned from entering the US for life...

 

[stevemilo]

zetski210 - That's not true. If you apply for a fingerprint / criminal record check , even if you were charged with something but did not get a criminal record it will still show up as "no disclosable court outcomes". Trust me, I know, that's what mine shows up as. It says very clearly on the American Consulate website that even if you do not have a criminal record but if you have been charged with something then you have to still apply for a visa and wait the 5 years. So, when you tick "visa" on the application form for a criminal record check it will always show up as "no disclosable court outcomes" if you were charged with something but did not necessarily receive a criminal record.

Has anyone here on this forum been refused a US visa before but got it issued after waiting 5 years? Let me know..........I'm interested in hearing about other people's experiences.

 

[zetski210]

zetski210 - That's not true. If you apply for a fingerprint / criminal record check , even if you were charged with something but did not get a criminal record it will still show up as "no disclosable court outcomes". Trust me, I know, that's what mine shows up as. It says very clearly on the American Consulate website that even if you do not have a criminal record but if you have been charged with something then you have to still apply for a visa and wait the 5 years. So, when you tick "visa" on the application form for a criminal record check it will always show up as "no disclosable court outcomes" if you were charged with something but did not necessarily receive a criminal record.

Has anyone here on this forum been refused a US visa before but got it issued after waiting 5 years? Let me know..........I'm interested in hearing about other people's experiences.

You are correct, if you have been arrested and not convicted for non moral turpitude crimes, the record will simply say "no disclosable court outcomes" My crimes were committed nearly 10 years ago, but that's irrelevant to the US consulate, the question posed is "have you ever been arrested or..." with the key word being ever!

When I got my record, the police officer told me that for an interview with the US consulate I could not just get a VISA check as this would not display specific charges and hence, the US consulate cannot determine if they were of moral turpitude.
She (the officer) told me that she had provided VISA types in the past and had the person come back complaining that they had to get a PERSONAL type as they needed it for the US consulate.
Seems, that there should be a specific record type just for going to the US consulate.

By the way, the last time I went for my interview they kept my original police record, and now I have to get another one. Does the US consulate accept certified copies, or do they need an original each time you go??

 

[stevemilo]

You are correct, if you have been arrested and not convicted for non moral turpitude crimes, the record will simply say "no disclosable court outcomes" My crimes were committed nearly 10 years ago, but that's irrelevant to the US consulate, the question posed is "have you ever been arrested or..." with the key word being ever!

When I got my record, the police officer told me that for an interview with the US consulate I could not just get a VISA check as this would not display specific charges and hence, the US consulate cannot determine if they were of moral turpitude.
She (the officer) told me that she had provided VISA types in the past and had the person come back complaining that they had to get a PERSONAL type as they needed it for the US consulate.
Seems, that there should be a specific record type just for going to the US consulate.

By the way, the last time I went for my interview they kept my original police record, and now I have to get another one. Does the US consulate accept certified copies, or do they need an original each time you go??

Thanks for writing back. Did you get your visa approved? Maybe that's why they kept your police record cause I know when I went they didn't keep my police record. I'm pretty sure though that they would want originals each time. When you apply for a fingerprint check the officer on the phone asked me straight out, are you applying for a US visa, so they obviously know which box to tick when you get your fingerprints done. How many times have you appied for a visa? Have you been knocked back everytime?

 

[zetski210]

Thanks for writing back. Did you get your visa approved? Maybe that's why they kept your police record cause I know when I went they didn't keep my police record. I'm pretty sure though that they would want originals each time. When you apply for a fingerprint check the officer on the phone asked me straight out, are you applying for a US visa, so they obviously know which box to tick when you get your fingerprints done. How many times have you appied for a visa? Have you been knocked back everytime?

Yeah, I ended up getting a visa 2 weeks after I was due to travel there so I didn't end up going. Visa is/was valid for about 8 months. It's just expired.

I'm hoping to travel to the US early next year so I need to apply again. I emailed the US consulate to see if you can get a longer visa and they replied back saying if you pay a bit extra ($30(ish) AUD) you can get a 5yr visa.
Gonna try and do that next time...

 

[stevemilo]

Yeah, I ended up getting a visa 2 weeks after I was due to travel there so I didn't end up going. Visa is/was valid for about 8 months. It's just expired.

I'm hoping to travel to the US early next year so I need to apply again. I emailed the US consulate to see if you can get a longer visa and they replied back saying if you pay a bit extra ($30(ish) AUD) you can get a 5yr visa.
Gonna try and do that next time...

Can I ask what sort of questions they asked when you went? Did they just look at your previous criminal record and say yes you can go because it had been so long since your criminal past? Was it pretty easy to get?

 

[zetski210]

I was travelling to a conference, so I had various support letters (conference invitation, letter from employer, etc...), but all of that was irrelevant.

The consulate officer was only interested in my criminal record.
He asked if I had been in trouble since, asked if I had a job (to which I told him that I had some supporting documentation to prove this, but he was completely disinterested.), and asked how long I was going for, where I was going, where I was staying...

He then informed me that I was ineligible for a visa due to a criminal past. The US consulate is not authorised to issue visas to persons with ANY criminal (for crimes of moral turpitude) history. He would then apply for a waiver of the ineligibility which has to come from the DHS in Washington. Once/if this is approved, then they can issue me with a temporary visa. He then kept my passport, criminal record and application forms and told me to go and wait. I asked for how long and he told me "for as long as it takes".

Upon him asking me for my passport, I asked him why he needed it as I was due to travel to some places other than the US. He looked at me in confusion as to the mention of other places (yes, there is a world outside the US!!). He informed me that they would be unable to print a visa in my passport without it.

So, the US consulate kept my passport for about 5 weeks and were extremely unhelpful in my numerous calls to them (it’s like bashing your head against a brick wall and paying $2 per second for the privilege...).

So a week after the conference had finished, I get my passport back with a visa that’s valid for about 8 months.