Hi all have an urgent Question regarding visa waiver

[alexx12334]

Hi all have an urgent Question regarding visa waiver i have been to court for stealing as a servant and i got a non recorded criminal conviction does this mean the can still see it and will i be ok to get the visa waiver please help Thanks ALex

 

[Will]

You would have to lie on your ESTA form to be granted VWP, as you are ineligible. I can't tell you if US CBP officers will have access to Australian police records, so you may or may not be detected. Choice is up to you.

 

[Mwenenzi]

The conviction means you do not qualify for a Visa waiver. You need to get a visa. Takes 20 plus weeks from recent posts here http://www.australianfrequentflyer....waiver-program-to-usa-6431-12.html#post826977
Best not to plan going to the USA in 2013

 

[Hvr]

So when are your tickets for? And can you cancel them and get a refund?

See an immigration lawyer and get proper advice. What you'll get here will be based on the information you have provided here and may or may not be applicable to your total situation.

 

[alexx12334]

Thanks Guys I am stuck were exactly does it say i can not travel on the waiver program ? for my charge ?

 

[Mwenenzi]

Read the threads & posts here Visas, Immigration & Customs (where this thread will soon be moved)

http://www.australianfrequentflyer..../criminal-record-obtaining-us-visa-15468.html Look at post 449
http://www.australianfrequentflyer....toms/us-entry-with-criminal-record-37575.html

 

[MelUser]

I really want to say something about headsets but I won't.

You will be fine - they don't have records to Australian databases.

Relax and enjoy the trip.

 

[serfty]

Thanks Guys I am stuck were exactly does it say i can not travel on the waiver program ? for my charge ?

How long ago was this?

Also, what state of Australia?

 

[Will]

Thanks Guys I am stuck were exactly does it say i can not travel on the waiver program ? for my charge ?

https://esta.cbp.dhs.gov/esta/WebHelp/ESTA_Screen-Level_Online_Help_1.htm#vwp3

Have you ever been arrested or convicted for an offense or crime involving moral turpitude ....

Fill out the esta application at the above website. Answer what you want. If you answer yes to this question you will have the application rejected as 'Travel Not Authorized'. If you answer no then you should have your application accepted.

 

[harvyk]

Go to your local police station and ask for a record to be printed, explain it's for a visa. Whatever is printed on that record is what the USA has access to.

If it is empty (eg non recorded convictions etc), then your prob safe to use the VWP. If there are entries you'll prob need a visa.

 

[flymetothemoon]

Go to your local police station and ask for a record to be printed, explain it's for a visa. Whatever is printed on that record is what the USA has access to.

If it is empty (eg non recorded convictions etc), then your prob safe to use the VWP. If there are entries you'll prob need a visa.

I'm not too sure police stations will do that. You would need to fill out just a regular police check based on a name - it only takes about a week to come back. Never heard of anyone just being able to walk into a cop shop and ask for a printout of their criminal history based on their name. Best to do it the right way and get the police record based on a fingerprint check for travel to the U.S.

 

[rzzo]

Hey, my friend is in a similar situation, has a section 10 dismissal for malicious damage with no recorded conviction. They just got their National Police Check back and it is clear. You need to apply through the Australian Federal Police website, you'll get it back in a week or two. You select Purpose of Check as "Overseas Employment/Visa". Then it's up to you if you want to jump through all their hoops and wait 6 months for them to approve your Visa, or just tick no to being 'arrested or convicted'. When are you planning to travel to the US?

 

[flymetothemoon]

Hey, my friend is in a similar situation, has a section 10 dismissal for malicious damage with no recorded conviction. They just got their National Police Check back and it is clear. You need to apply through the Australian Federal Police website, you'll get it back in a week or two. You select Purpose of Check as "Overseas Employment/Visa". Then it's up to you if you want to jump through all their hoops and wait 6 months for them to approve your Visa, or just tick no to being 'arrested or convicted'. When are you planning to travel to the US?

You don't apply through the Aust Federal Police for a U.S visa - you apply through your local state police website and they will do a national fingerprint check for you (you go in and get your fingerprints taken).

 

[rzzo]

You don't apply through the Aust Federal Police for a U.S visa - you apply through your local state police website and they will do a national fingerprint check for you (you go in and get your fingerprints taken).

You're talking about a different thing (fingerprint check), I'm talking about National Police Checks (criminal record). I'm in NSW and the NSW police website says the following

"Individuals requiring a criminal record check for Australian citizenship, residency, spouse visa, guardianship o f a child from another country, working visa or whilst travelling or living abroad, must apply via the Australian Federal Police (AFP). Details on applying for a criminal record check via the AFP is available at afp.gov.au"

 

[flymetothemoon]

You're talking about a different thing (fingerprint check), I'm talking about National Police Checks (criminal record). I'm in NSW and the NSW police website says the following

"Individuals requiring a criminal record check for Australian citizenship, residency, spouse visa, guardianship o f a child from another country, working visa or whilst travelling or living abroad, must apply via the Australian Federal Police (AFP). Details on applying for a criminal record check via the AFP is available at afp.gov.au"

Very true but for US travel and visa purposes the US embassy require you to get a police check based on a fingerprint check. Although I'm sure if nothing shows up on the name check, nothing will show up on the fingerprint check.

 

[ChasingDaylight]

Go to your local police station and ask for a record to be printed, explain it's for a visa. Whatever is printed on that record is what the USA has access to.

If it is empty (eg non recorded convictions etc), then your prob safe to use the VWP. If there are entries you'll prob need a visa.

Not withstanding they are highly unlikely to give you a print out if you just show up, bear in mind that Police will be able to see every time you've been arrested and charged (in that State/Territory and depending on where they check, on a national basis), irrespective of the judicial outcome.

 

[flymetothemoon]

Not withstanding they are highly unlikely to give you a print out if you just show up, bear in mind that Police will be able to see every time you've been arrested and charged (in that State/Territory and depending on where they check, on a national basis), irrespective of the judicial outcome.

I completely agree (as I said in post #11) It's impossible to just walk into a cop shop and ask for a print out of your criminal record - if only it was that easy! Lol! Yes, police can see EVERYTHING. Whereas other agencies can only see what has been made available to the public eg. recorded convictions.

 

[johndoe]

I believe - and this is only a belief so clarify, if you were discharged without conviction you'll be ok as there isn't a record that anyone can see. Also if it was longer than 7 years ago for a "minor" offence, you'll be also ok. In saying that, I have a mate who has done worse and been able to travel ok. You shouldn't have a problem.

 

[rzzo]

Hey what was your friends situation? Did they have to apply for a visa?

 

[johndoe]

He was convicted of assault and got community service...it was a rubbish case and the police almost pulled it after warning the complainants (sorry off topic). I'll ask tonight when I see him so I get it right.