What is the best way of getting into USA with criminal history

[kelley73]

Hi,

My family and I are planning a trip to the USA for 6 months, in January /February 2010, as my mother lives there and is an American citizen/ she was born there.

We have a few problems with this,
1. We are not sure what type of visa to get, they all seem to be confusing

2. My daughter is 17 and her partner is 18, they are both nursing assistants and wish to work there, so do they qualify for a working/holiday visa. and with that, do they have to have a sponsor /(employer over there) that will sponsor them to work there, first, or do they obtain there work/holiday visa here first, and then they can get a job while they are over there . They didn't finish school but instead went and did courses to become Nursing assistants.

3. I have one drink driving charge from 2003, I lost my license for 3/4 months. Now I got my passport in 2006 and went to the USA on emergency passport that went for 1 year only, as my mother was sick, I stayed for 11 days, so I have been to the USA, (It must have been on the 3 month thing, confused about that too). I was going to just go over on a 3 month waiver visa I think that's what it is called , not work, and then reapply while I was in the country before it expired then go out of the country , to Canada for the weekend then come back in, can I do that. I have heard that you can do that, my mother spoke to a lady over there within the Consulate who said you can do that,of course with my other 2 children who are 4 and 14.

4. This is the big problem, my youngest daughters father, says I can only take her If he comes to the USA with us , so he can be close to her she is 4 years old. Now he has I think 4 minor drug charges that relate to marijuan_, and pipe / utensil, all was personal use, plus one common assault charge, the last of these convictions was in 2007, none since then, he has paid his fines, so does that mean they are spent. We live in QLD. So the big question is , can he get into the USA on the 3 month waiver visa for holiday, I think that's what it's called. does he have to disclose these charges to get that type of entry.

Will he get approved. Does anyone else know people or themselves that have got into the USA with similar charges. and can he do the same thing I was planning to do reapply over there and then go out of country then come back in for another 3 months.

We don't have much time and we need to get our Australians passports first, if he can't get in on the waiver visa (or what ever it's called) and if he has to apply for a visa, how long will it take to get approved, will it be approved within 5 months.

Also do you have to have special skills or fit into a certain criteria, to get in on a waiver 3 month visa, I am 36, Is that a problem, isn't there just like a simple passport that allows us to go on holiday !!!

Also my mother is also starting our residence application now for the USA, she says this takes about 4 years, but we have to get in first on holiday.

Also , if say while I'm over there on the waiver visa, and find employment, that will sponsor a working visa, can I apply while I am over there and get accepted so I don't have to come back here again first. Or will I have to come back here first ....

Thank you for all your help.

Kelley

 

[opusman]

I'll be the first to say it - wow.

 

[chrizzz14]

you have a rather interesting situation. I would advise seeking the advice of an immigration lawyer.

* as for the father of your youngest - he does not have to be with her, he just has to sign a consent form!

The US is very strong against drug charges, a friend of mine was busted for possession last year. The USA denied him entry on all grounds!

Your best chance really is to pay someone to sort it out for you! Added cost i know - but trust me its worth it rather than being stuck at LAX for hrs and hrs with the possibility of being denied entry.

 

[toowongman]

Hi,

My family and I are planning a trip to the USA for 6 months, in January /February 2010, as my mother lives there and is an American citizen/ she was born there.

We have a few problems with this,
...
Thank you for all your help.

Kelley

Holy dooly.

Here are some interesting tidbits for you:
https://esta.cbp.dhs.gov/esta/WebHe...mation do I need to complete the application?

But the best advice you can get is to contact the US of A people in Australia.
Visas to the U.S.

Frankly I wouldn't get your hopes up.

 

[NYCguy]

Your situation is very complex and requires specialist advice from an appropriate lawyer.

The only thing I would be confident in stating would be that it will be very difficult for your daughter's father to get a visa to enter the USA if he was caught with dope and pot-smoking paraphernalia - the Americans are absolutely insanely anti-drugs; at least the Americans who guard the borders are; and there is little differentiation between what some might consider to be a "soft" drug, and the others.

The assault charge would be another big no-no for them also. The VWP would be totally out of the question, and as for getting a green-card...

Get some advice, but be prepared for the worst.

 

[kelley73]

Thanks for the replies,

I was just wondering how do stars like from this contry and uk get granted when they have worse drug charges, and I was told that immigration lawyers costs over $3000 , I mean just for a holiday, it seems so much , or is that for residence.. ohhh , he won't let me take my daughter for 6 months without him, thus meaning I will have to leave her here which I just can't do, she also has the right to see her nana, we do have court orders that allow me to take her over there, but only for 4 weeks, it's hardly worth it when you take into consideration jet lag and my other children.

I have been reading that some people just don't tick the box...
They have gotten in, is this true...
I got in in 2006 with my drink driving charge. I am not even sure if I disclosed that information as it happend so fast, so what if he had to apply for visa and then be approved by washington , I have heard this too. If so how long does this process take.

Is there anyone else who has got in to the USA with drug charges or worse and other charges. I would be willing to talk about it in private through msn if you don't wish to discuss it on here.

I would be able to get my residence through my mother though, but he won't be able to stay..He say's if he didn't like it , an I wanted to become resident, we would have to make other arrangements to share her.

Really appreciate the information.
Thanks
Kelley

 

[russianrob]

You get caught lying and you'll never have a chance at residency!
Criminal records can be exchanged between US and Australian Authorities, and you will have to provide a copy of your Police records as part of your paperwork.
So, ask an Immigration Lawyer as wise heads here have advised you.
Also your children's fathers can get emergency injunctions to stop the kids leaving Australia without their permission, or an order from the Family Court allowing it.
Living in the US an't that grand unless you're well off or have a great job, now more than ever. The minimum wages are cough, there's no public health as we know it, or government benefits!

 

[harvyk]

Not all stars get in. There have been quite a few high profile people who have been turned around at the border.

Like others have said, speak with an immigration lawyer.

Just to answer a couple of your questions - Drink Driving doesn't count as a crime of "moral turpitude", so your right to use the Visa Waiver Program (VWP) for yourself.

For your daughters father assault (provided it wasn't counted as serious assault) doesn't count as a crime of "moral turpitude" either. However any issue around "controlled substance" regardless of how minor makes the person inadmissible to use the VWP, so he would need to get a visa, and even then I wouldn't be holding my breath.

In regards to the length of your stay, the VWP is only available to use if your stay is less than 3 months maximum. Unfortunately a side trip to Canada (or Mexico) half way through is not usually enough to reset the counter on the VWP. You need to travel to a country whose citizens are entitled to use the VWP as well to reset the counter. Also you can't apply for a visa whilst in the US if you entered on the VWP.

The VWP has very limited scope for working (usually you need to be employed overseas and only visiting the US on business). Employers will probably want to see some sort of proof that you're entitled to work in the US. If you do work without the right visa and you're caught you can expect to be deported quick smart.

In regards to the amount of time it takes to get visa's etc... It's really a question of how long is a piece of string. This forum is littered with posts from people who have needed to get a visa for the US, where it's ranged from a couple of days and been relatively painless, through to many months (yes more than 5), where it's been a painful exercise and yes they did end up missing out on the trip as they didn't get their visa in time.

Just finally yes, there are some people who just don't tick the box, and sure enough some do get in. The problem is that if you do get turned around at the border you get blacklisted (I don't know how long a blacklisting lasts, but I have heard it can be for life). Furthermore the airline which flew you over there must fly you back home, and you must pay the costs in them doing so, which I doubt would be covered by insurance. You'd also no doubt be hit with a fine and maybe even a stay in the local lock up depending on when the airline can fly you back home.
Good luck with it all...

 

[kelley73]

Hi all,

Thanks again,
to redroo and others,

I know about all the bad stuff going on in the US, but I feel I don't belong here in Australia , and I have been very unhappy for a long time and I miss my mother, she is unable to travel back here as she has been ill and my brother there fell off a cliff there a still has to have ongoing facial reconstruction as he grows, my girls have not been able to have a relationship with her because of the fathers, but now I have the permission and a court order that allows me to take the youngest for 4 weeks, but I wish to go longer and eventually if I like it , stay my mother is putting in for the I-130 residence visa for myself and my girls.

I have been reading heaps of comments now and stuff from the consulate website.

I think I will want to go for a visa anyway not the visa waiver program, as I wish to stay longer than 90 days, I wish to stay for 6 months. Of course will will have all the money to show we can stay that long. If I do this do I have to be under 30, and have special skills, I am 36 and been in hospitality industry for 15 years and owned a small cafe for a while.

As for the father , I think he should talk to the consulate and see what they say first, But I think he will have to apply for visa, and get permission from Washington. It does say that "you may not be granted " so they say may not. He also has been to councelling and has evidence that he is not a drug abuser, we went through all this in the family court, he even did a drug program to prove it including regular drug screening from ICL for almost a year all negaitive. Can he use this information and provide that to help with his visa. He also has a brother who is living in the US, I just remembered that , can that help him.

Yes I think he should tell the truth be straight up front and honest so that the visa is not stuffed up.

I read that my drink driving charge in 2003, won't be an issue I don't have any others, and I went to the USA in 2006 and had no issues, I was only there for 11 days , short trip.

Kelley

 

[kelley73]

Hi Hyvark,
I just read your post just after I wrote my last post, do u think I should for myself just apply for a visa, I think he will have to for himself also. As we really want to go for longer than 3 months, but can I get one with my age !!

I suppose I have to get Australian passports first , then apply straight away for the visa's, I guess my girls will be included on my visa, but my eldest daughter wants to get her own visa, she is 17 , 18 next year, she is a assistant nurse, now I am wondering that she may not be allowed to get woking /holiday visa because of her age....aaaaarrrgggg, maybe she should marry her fiance now before we leave can that help.....but keep her name so her residence won't be affected when my mother applies for residence for us...so much to think about ...didn't think it would be this confusing and difficult...

thamks
Kelley

 

[harvyk]

Given you will be there for longer than 3 months you'll need to get a visa. Your girls will need their own visa, especially if they are going to be working.

Given you don't yet have your passports, get them organised ASAP, as they can take a little while to go through the process, and you probably won't be able to apply for a visa until you have a passport.

Also be careful about what you mention your purpose is. To spend time with your mother is fair enough, but they will want to see strong ties back to Australia to prove that you will be leaving the country again in 6 months time. If they think that you may outstay your visa or you have no real reason to return to Australia (unless your holding a visa which allows you to stay in the US as a resident), they may turn you back at the airport without letting you into the US.

Good luck

 

[kelley73]

Hi Harvyk,

My eldest is 17, she is the only one that wishes to work, she will be 18 in July next year though. and her partner he is 18, maybe he can be the only one to go on work /holiday visa.

My other two girls are 14, so she will have to be enrolled in school, I will pay for this of course, is that allowed for the duration while we are there. and the youngest is 4. I thought that they all go on my visa, except my eldest if she was aloud, but I suppose they will all have to get there own.

I know the passports take 10 working days give take a few to be approved.
So we are getting onto that asap.

I do have strong family ties here my father and my sister although we have had falling out, my 2 other brother also, but one of them works in Kazakstan, comes back few times each year, my auntie (my mothers sister and of course my nana (my mothers mother) she is to elderly to travel. And also my fathers side cousins and stuff.

But wouldn't they be suss , if my mother is putting in an application for my residence, the lady she spoke to at consulte over there said we could this , I mean that we could travel over there first while she gets the residence stuff started, that will take years , but the lady told my mother that I should enter the lottery, not the green card lottery it's differnt .

I wish to go over for the six months see if We like it and of course see my mother I only visit her once in 2006 for she was very ill. before that it was over 10 years since I seen her and my girls haven't seen her at all except my eldest, before she left to go back home, I think we have good enough reason to go over.

I have to have a return ticket anyway, can I ask what is the visa that I apply for for a 36 year old mother... it's so confusing do you know?

thanks again for your help

 

[Travel Guru]

Since when has the US offered working visas for unskilled and unsponsored workers?

TG

 

[kelley73]

Hi travel guru,

In my original questions , I did say I was not sure If I could get a working visa , with my experience, but my daughter and her partner should qualify for the woking/holiday visa, except she is 17 and turns 18 in july, so weather she can go in on a waiver just for holiday, but before we go, she apply's for the woking/holiday visa and wait for it to be approved when she turns 16 which will be while we are in the states, I just don't know,

My mother has now told me I should myself and for my 2 younger girls and maybe my eldest (unless she can get a student visa, then cahnge it to a work visa when she turns 18 in July), just come in on waiver but on my return plane ticket have your destinations all planned on ticket should say from Australia to USA San Francisco then stay in the USA and travel for around 2 and half months, make sure we don't exceed the 3 months then next destination on ticket will be to go to Vancouver Canada on particular date prior to the 3 months being up, then stay there for 1 to 2 weeks travel, then last leg of journey we come back into the US on wavier for another 3 months, then back to Australia, so this way we get to travel and come back into USA essecially being able to stay around 6 months. Now I'm thinking it will be best I go on the waiver and do it this way, while my I-30 is being approved, I know I have to come back to Australia ,until it's approved , but at least we were able to check the USA out and have a good visit with my mother and brother, and bonus visit Canada also.

Can anyone give advise on this , and if this is allowed. And do I have to have on my ticket the last leg coming back into the US on another waiver from Canada.
thanks
Kelley

 

[Mal]

My mother has now told me I should myself and for my 2 younger girls and maybe my eldest (unless she can get a student visa, then cahnge it to a work visa when she turns 18 in July), just come in on waiver but on my return plane ticket have your destinations all planned on ticket should say from Australia to USA San Francisco then stay in the USA and travel for around 2 and half months, make sure we don't exceed the 3 months then next destination on ticket will be to go to Vancouver Canada on particular date prior to the 3 months being up, then stay there for 1 to 2 weeks travel, then last leg of journey we come back into the US on wavier for another 3 months, then back to Australia, so this way we get to travel and come back into USA essecially being able to stay around 6 months.

No it isn't. You cannot at the end of a VW period go to Canada, then re-enter and restart the waiver period.

Here's what the US Govt says on the matter:

What if I enter on the Visa Waiver Program and then decide I want to stay longer than the 90 days?

You cannot extend the time on the Visa Waiver Program. The 90 days also includes any time spent in Canada, Mexico and adjacent Islands. Therefore you cannot cross the border into these areas and then return for another 90 days. You can however ask for re-entry on the Visa Waiver Program if you have left the Continent.

and

Q: Can a VWP applicant for Admission Be Readmitted To the United States Following a Short Trip To an Adjacent Island, Canada, or Mexico?
A: Generally, VWP applicants admitted under the VWP may be readmitted to the United States after a departure to Canada or Mexico or adjacent islands for the balance of their original admission period provided the person:

* Can identify an authorized period of admission that has not expired,
* Plans to depart the United States no later than the expiration date of their period of admission,
* Presents valid, unexpired passports which reflect admission to the United States under the VWP, and
* Continues to meet all criteria set forth in 8 CFR 217 and section 217 of the Immigration and Nationality Act (INA) 0020 with the exception of arrival on a signatory carrier.

Q: What Islands Are Included Within the Meaning of Adjacent Islands?
A: The term "adjacent islands" is defined in section 101(b)(5) of the INA and for the purposes of the VWP includes:

* Anguilla
* Antigua
* Aruba
* Bahamas
* Barbados
* Barbuda
* Bermuda
* Bonaire
* British Virgin Islands
* Cayman Islands
* Cuba*
* Curacao
* Dominica
* Dominican Republic
* Grenada
* Guadeloupe
* Haiti
* Jamaica
* Marie-Galante
* Martinique
* Miquelon
* Montserrat
* Saba
* Saint-Barthelemy
* Saint Christopher
* Saint Eustatius
* Saint Kitts-Nevis
* Saint Lucia
* Saint Maarten
* Saint Martin
* Saint Pierre
* Saint Vincent
* Grenadines
* Trinidad
* Tobago
* Turks and Caicos Islands
* Other British, French and Netherlands territory or possessions bordering on the Caribbean Sea.

* Cuba is not always treated as an Adjacent Island nation for the purposes of entry into the U.S. It is excluded when the specific reference so states.

 

[Hvr]

I know I have to come back to Australia ,until it's approved , but at least we were able to check the USA out and have a good visit with my mother and brother, and bonus visit Canada also.

Can anyone give advise on this , and if this is allowed. And do I have to have on my ticket the last leg coming back into the US on another waiver from Canada.
thanks
Kelley

Hi Kelley, sorry to throw another spanner in the works but you will have problems visiting Canada with a prior drink driving conviction. The Canadians are very serious about this and there have been reports of them turning back people who have convictions older than yours.

Something else you need to address before travelling. Have a look at this thread.

 

[Maca44]

Kelly,
If you enter the USA initially under the VWP, and you have a current application for residency which is being applied for on your behalf by your mother, it is highly possible that when the Immigration Officers at your first point of entry enter your details into their computer system that your application will be shown on their screen. I suggest that irrespective of what you tell them, and even if you have a return ticket, that you will be turned back. Irrespective of what process you are going through (residency application) they only have to have a suspicion that you will overstay your holiday by 90 days to disallow your entry.

Apart from obtaining the advise from a compitent Immigration Lawyer, do everything honestly and although I wish you good luck in your venture, I also hold fears that you may have to wait until your residency application is decided. As for the father of your yougest (who appears to be holding you to ransom that if he can't go she can't go) I don't think he has any chance of obtaining a Visa, given his drug conviction.

 

[kelley73]

Hi Macca,

I have been reading so much and now I am very confused,

My mother said she spoke with a lady within the American consulate over there, and they said to put the I-130 now and enter the lottery, then come over on waiver passport to visit, they also said that people do go out then back in on another 3 month waiver, so confusing when you hear conflicting stories, is there anyone out there that has done this with the waiver.

Now I am thinking we just go over on a K3 visa while which I found on net last night, this visa apparently allows you to stay in the US until the I-130 is approved, has anyone heard of this.

Now my daughter is worried she won't be able to get a visa because she is 17, she wants to work there. Does she have to have a sponsor because if her age. She turns 18 while we are in the USA in July.

Trying to get information from the consulate has been difficult.

Aaarrggg maybe I should just go over on the waiver , meet some one and fall in love and marry him !!!!!

Kelley

 

[Dave Noble]

If you want to be able to stay as a visitor for up to 6 months, then apply for a B1/B2 visa; this is normal visitor visa and unlike the VWT/VWB allows a 6 months stay rather than 90 days

The I-130 is for a migration to USA being sponsored by a US relative.

Are you planning to visit or to live there? If the former then the B1/B2 will be all you need

The prime issue though, which seems to be a show stopper to me, is your daughter's father who would seem unlikely to be granted a visa given criminal offences within the last 5 years and who will not permit the minor to travel unless he travels too

I am not aware of a "working holiday" visa that would be applicable so I suspect that your 17 y/o daughter will be unable to work in USA

Unless you are eligable for a visa such as H1B , then getting a job in the USA would not help since the company would not likely be able to make a successful petition for a visa

To me, it would seem that the 1st 2 key steps are to get passports and to apply for B1/B2 visas. If the father fails to get a visa then the rest of issues seem to be moot

 

[kelley73]

To Dave Nobel,
Thank you for you advise, can I ask you though, with the b1-b2 visa , can I get it with my age being 36, and with the skills I have which are just hospitality for over 15 years , and I owned a small cafe for a while.

Is this the easiest visa for US to get, will my children be added on to my b1-b2 visa, or do I apply for there own b1-b2 visa.

Now with my daughter if she comes in to USA on the b1-b2 visa, when she turn 18 over there can she apply over there for a working visa or get sponsored she turns 18 in July. My Daughter is a nursing assisitant. with certificates

Now my daughters fiance is 18 and wishes to get a working visa I hear there is one for that age group 18-30, I heard it's a woking /holiday visa is that correct. he has certificates in Nursing Assistant and Horticulture.
What do you think his chances are of getting approved this visa and is this visa the best type of visa for him.

What are our chances of getting the b1-b2 visa, I hear all stories that people getting refused , seems so hard.

As for my youngest daughters father, well he will have to deal with his visa and criminal history. If he can't get in I will have to work out an arrangement with him to take her .

Someone was saying ealier that I would not be able to get into Canada as I have 1 previous drink driving offence, in 2003. no other problems, a one off. I know it won't be a problem for USA, As I have been to USA in 2006 for 11 days , and from what I have read it's not an issue, it's been over 5 years since that offence, does that help.

As for the immigration part , yes my mother would like to start the proceedings now, she lives in US and was born there, but from What I have been reading if we start that now, and go into the country on a visa or visa waiver they may refuse us entry. If this is so can we apply for the I-130 when we get into the country , then start those I-130 proceedings.

Also if we go in on a b1-b2 can my 14 year old go to school over there as she will need to go to school.

On the b1 -b2 can I work if I want to with my experience

Thanks
kelley