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What to do to get to the US?

Travel Forums North America What to do to get to the US?

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1. Posted by jorza (Budding Member, 6 posts) 3 Feb '13 22:14

jorza has indicated that this thread is about USA

Hi guys,
I'm from melb, australia and i need some serious answers!
3 years ago i was left in a bad place without my parents or anyone and i committed a crime of theft (1 charge).
I was picked up for this down the track, saw pyschologists and got a psychology report saying i stole out of neccesity to try and keep myself going as i had no money. I went to court for this, pleaded guilty and under my circumstances and it being my first and only offence i was given a guilty with no conviction.
I am now in a better place, with enough cash saved up and want to do a trip to the USA. I have it all planned and ready to book, but need info on how to get entrance to the US.
I have obviously committed a crime of moral turpitude, but i was not arrested nor was i convicted. I understand that this is techincally seen as a crime in the eyes of the US. What are my options at this point?

Material facts:
1. I commited a crime of theft 3 years ago that i was not arrested nor convicted for.
2.Given a community based order which was successfuly fufilled.
3. Had 2 years of volunteer experience since the crime

What is my best option to be able to travel to the USA?
Any options and help from anyone with any knowledge would be amazing. Should i do the VWP or apply for a visa? Call the embassy, make an appointment?

Thanks in advance.

2. Posted by CheersT (Travel Guru, 1343 posts) 3 Feb '13 22:40

Forget it ever happened. Wipe it from your memory, period.

Have fun.

Cheers,
Terry

3. Posted by jorza (Budding Member, 6 posts) 3 Feb '13 23:01

Quoting CheersT

Forget it ever happened. Wipe it from your memory, period.

And if i get to the states only to be turned away and loose $10,000 in bookings and flights?

4. Posted by CheersT (Travel Guru, 1343 posts) 3 Feb '13 23:47

That will never happen.

=========================

There is a mountain of misinformation, conjecture and plain stupidity in this link, sprinkled with some honest and accurate replies. It's a hell of a read, but everything you need to know is here:

http://www.travellerspoint.com/forum.cfm?thread=22639

Start reading at Reply #22. Everything applies to Oz as well.

Relax. You're making something out of nothing.

Cheers,
Terry

5. Posted by Russellmc (First Time Poster, 1 posts) 3 Feb '13 23:55

The only time you will have trouble entering the USA is if you have a criminal record. As yours is not on record you will be fine. No one knows you over there and there for it would be un beneficial for you to mention.
Enjoy your self.
Regards Russ

6. Posted by Kimee129 (Full Member, 32 posts) 4 Feb '13 11:55

I would recommend going to this website http://canberra.usembassy.gov/arrests_convictions.html . If you apply for a visa and are denied then there is an appeals process. It may cost a little more, but in the long run it could save you $1000's if you have to turn around and have to go back home when you aren't admitted. Better safe than sorry.

7. Posted by jorza (Budding Member, 6 posts) 4 Feb '13 14:27

Quoting Russellmc

The only time you will have trouble entering the USA is if you have a criminal record. As yours is not on record you will be fine. No one knows you over there and there for it would be un beneficial for you to mention.

I think in the US that even a guilty with no conviction here is still considered a conviction over there.
I know it sounds stupid but im not 100% sure. I just want to know what my best option is, going to the consulate in Melbourne and applying for a visa for tourism and travel or just going through the ESTA and ticking "No" for the 'ever been arrested or convicted of moral turpitude". The answer being well no, i was given a guilty with no conviction and i called in a dobbed in myself for the crime. So technically neither. Even though i got no conviction under law in Victoria, i would still have a criminal record right?

8. Posted by jorza (Budding Member, 6 posts) 4 Feb '13 14:28

Quoting Kimee129

I would recommend going to this website http://canberra.usembassy.gov/arrests_convictions.html . If you apply for a visa and are denied then there is an appeals process. It may cost a little more, but in the long run it could save you $1000's if you have to turn around and have to go back home when you aren't admitted. Better safe than sorry.

What do you think the likelihood of my acceptance in applying would be?

9. Posted by CheersT (Travel Guru, 1343 posts) 4 Feb '13 16:42

In the eyes of the US CBP you have a criminal record and you can be denied entry. You can apply to the US Embassy, jump through some hoops and if you have lots of time you can get your application rubber stamped okay, no problems. Since you're obviously nervous about your situation and you're paranoid about being denied entry then that's the best route for you to take. It's a complete waste of time, money and energy but that one unnecessary stamp will be worth it for your piece of mind.

For anyone else in the same situation who stumbles across this thread the info in Reply #2 & #4 is accurate.

Cheers,
Terry

10. Posted by jorza (Budding Member, 6 posts) 4 Feb '13 16:54

Quoting CheersT

In the eyes of the US CBP you have a criminal record and you can be denied entry. You can apply to the US Embassy, jump through some hoops and if you have lots of time you can get your application rubber stamped okay, no problems. Since you're obviously nervous about your situation and you're paranoid about being denied entry then that's the best route for you to take. It's a complete waste of time, money and energy but that one unnecessary stamp will be worth it for your piece of mind.

Yes Terry, I am very very paranoid :(
i've just read on other forums such as AFF saying that Moral Turpitude is a big deal and 60% of the time your application will be rejected.