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Convictions & USA Visa Requirements

Travel Forums North America Convictions & USA Visa Requirements

1. Posted by Darls80 (Budding Member 5 posts) 11y

Darls80 has indicated that this thread is about USA

Hypothetically speaking....if a young australian had committed an accidental itty bitty importation crime as a young & naive 17 year old...and as a result received an immediate spent conviction, with no record and no penalty, and that young australian can successfully produce an unscathed police clearance....is it really absolutely necessary to apply for USA visa and declare their wrong doings of a lifetime ago? To enter or not to enter, that is the question?

2. Posted by remarcable (Respected Member 335 posts) 11y

A Visa is required by the Aussies to travel to the USA . Same rules applies to an American that wishes to visit OZ.
Shouldn't worry about it much. U.S is likely to overlook tiny infractures done by minors. Especially, if there is no record to back it up. Talk to your consulate, if you any reservations.

Good luck,

M.

3. Posted by Peter (Admin 5813 posts) 11y

If there's no record I wouldn't enter it. I have no idea what's legal or not in this situation, but considering it isn't in writing, it may as well not have happened as far as I'm concerned. Sometimes it's best not to open a can of worms when it comes to such things at Immigration.

4. Posted by Cupcake (Travel Guru 8468 posts) 11y

I'm with Peter on this one. If there is no record, legally it didn't happen. It's in the past...leave it there;)

5. Posted by Peter (Admin 5813 posts) 11y

By the way, Australians don't actually need a visa to the US, as long as they have one of the new-fangled machine readable passports. There is a group of countries that falls under this so-called 'Visa Waiver' program.

6. Posted by floridaade (Full Member 24 posts) 11y

I agree with Peter, I've had some minor indiscretions on my own, havn't put my hands up and have been in and out of the US several times without any probs. Unless you're talking about something more serious (it which case the offence is never spent anyway), especially anything drug or gun related (however minor) I cant see a problem.

7. Posted by Wocca (Inactive 3745 posts) 11y

Quoting Darls80

Hypothetically speaking....if a young australian had committed an accidental itty bitty importation crime as a young & naive 17 year old...and as a result received an immediate spent conviction, with no record and no penalty, and that young australian can successfully produce an unscathed police clearance....is it really absolutely necessary to apply for USA visa and declare their wrong doings of a lifetime ago? To enter or not to enter, that is the question?

I don't know which state of Australia you were convicted in, Darls80 ... however each state has its own Spent Convictions legislation. You should be able to get a copy of the relevant Act from the government printers in the capital city of the state in which the offence occurred

8. Posted by john7buck (Respected Member 458 posts) 11y

When applying for my NZ work visa, I checked the convictions box for an underage drinking charge I had received in my miss-spent youth (would've been legal in NZ oddly enough) and it was a huge pain. They made me track down court records and a bunch of non-sense. Better to not mention it, as I think after-the-fact the immigration folks even told me that. Don't quote me on that as I'd hate to be wrong. I think it was the US making the fuss, not NZ mind you.

9. Posted by Wocca (Inactive 3745 posts) 11y

So far as I recall, convictions as a minor (under 18) don't have to be mentioned