[Evan]

Originally Posted by MelUser

When I was in Canada a couple of years ago I saw anti drugs adds on TV - presumably put out by the Canadian Government as a public health issue.

Anyway, in one of the adds it showed a group of young friends planning (from Canada) a trip to the US. One of the friends though had a conviction for some minor drug offence and therefore couldn't go and got upset etc etc.

It was very interesting seeing this Canadian public health campaign relying on US immigration laws to try and deter youngsters from getting into drugs!

I think this is just a case of whatever it takes. To keep young people from taking too many drugs (Not a saint myself of course)
But had i been say arrested for smoking a joint when i was 16 years old and given a warning, should that not allow me to enter the USA, well they have decided that this should be the case but its maybe a little extreme.
Thankfully i am able to enter using VWP without any questions

E

[agentc]

Originally Posted by Leecy

Hi there,

I know this has been done and dusted, but I'm just wondering...

When I was 14 (9 years ago) I stupidly stole a small chocolate bar in a shop. Naturally I got caught and taken to the police station, but there were no charges, no fingerprints were taken and all the cop did was set me straight and sent me home. He said if I came back for any reason within 5 years I would not only be charged for the choccie offense but the new offience.

Well I didn't end up getting into more trouble, but my question is, would that affect my eligibility for the VWP? I thinking it might be ok, since I was never formally charged for anything, the cop sent me on my way (after a barrage of lectures from Mum) I didn't sign anything or have any fingerprints taken.

I'm only worried because it asks if I have ever been arrested or convicted, I was only really taken to the police station in the back of the van (no handcuffs - no reading of the rights (?) or anything ). My Mum says that he only wrote it in his personal book, so I'm not too sure.....


What are your experiences with getting in on the VWP and is it likely they are going to know about this experience? Looking at Victoria Police, any crime which was done when you were a minor gets wiped after 5 years (and I'm 24 next month) so I'm thinking I'm ok??

Sorry this is long and it has been done before, but this is my first trip overseas and I want to cover all bases early so there are no troubles. Also, apologies for the n00b questions.

Thanks in advance,
Elise

I too have been caught, and I'm from NSW.

When I was in primary school, about 15 years ago, I hung around with the wrong crowd and as a result I got caught for shoplifting twice, first time, I stole a few chocolate bars and some Lego, second a magazine. Both times I was taken to the police station and then was taken to my parents restaurant they owned at the time and was belted both times by dad in front of the police. The police never said anything about a conviction or being charged and also never heard from them afterwards, not even a phone call. A few years later in high school (now over 10 yrs ago), I was doing some pranks like lighting matches, knocking on people's doors & running off. I was stupid and did it to the same unit twice in two days and a guy came out holding a piece of wood. He grabbed me and took me to the police. The police took me home again and didn't say anything about me being charged or a conviction and I also didn't hear from them again. Also earlier this year, I was out celebrating a mate's birthday, was totally wasted and we stopped somewhere to relieve ourselves. Unfortunately I chose a closed shopfront rather then the laneway my mates had chosen and a cop car happened to be passing by. I didn't have ID as I'd lost it that night but I did give the officer my correct name and address, DOB, I wasn't gonna lie cause they said they'll lock me up for the night, they also did a check on the police radio and a second officer took a friend's details, maybe in case I lied. I got fined for "offensive behaviour" and paid it. This is also the first run-in I've had with the police since the high school incident.

I've also read up on moral turpitude and still a bit unsure. I'm going to the U.S. in mid August for my sister's wedding. At the time of booking my flights about a month ago, the agent asked if I'd ever gone to court for anything, I told him no but did mention getting caught for shoplifting and he said I'll be right.

[Maca44]

Originally Posted by agentc

I got fined for "offensive behaviour" and paid it. This is also the first run-in I've had with the police since the high school incident.

I've also read up on moral turpitude and still a bit unsure. I'm going to the U.S. in mid August for my sister's wedding. At the time of booking my flights about a month ago, the agent asked if I'd ever gone to court for anything, I told him no but did mention getting caught for shoplifting and he said I'll be right.

If you did not have your fingerprints taken, you will be fine. Although you have committed a summary offence, and received a fine for your actions, you do not have a criminal conviction and, as such, there is no way of authorities checking on you. I would write 'no' to the answer have you been arrested or charged, even though you were technically arrested. As I mentioned in a previous post that a friend was charged, and the matter withdrawn before it reached court, but he still went on-line and applied for a visa to visit the USA. After paying the $14 fee, going through the various pages it states that if you do not have a criminal conviction you do not need to continue with the process, which is completely different to other sites that indicate you should apply if even arrested.

[carolanne1951]

Oh well I've got no chance if that's the case. My offences will not be viewed at all favourably. I just wish you didn't have to go thru the whole process and get your hopes up only to have them dashed. How do you access a US immigration lawyer?
Thanks,
Carol

[agentc]

Originally Posted by Maca44

If you did not have your fingerprints taken, you will be fine. Although you have committed a summary offence, and received a fine for your actions, you do not have a criminal conviction and, as such, there is no way of authorities checking on you. I would write 'no' to the answer have you been arrested or charged, even though you were technically arrested. As I mentioned in a previous post that a friend was charged, and the matter withdrawn before it reached court, but he still went on-line and applied for a visa to visit the USA. After paying the $14 fee, going through the various pages it states that if you do not have a criminal conviction you do not need to continue with the process, which is completely different to other sites that indicate you should apply if even arrested.

Thanks. I know I didn't have my fingerprints taken for that fine as it occurred in the early hours and I was let go and also the prank incident. I can't recall if I did have them taken for when I was caught shoplifting twice, it's so long ago. I know that I didn't go court and from what I've found out if you don't go to court and go before a magistrate/judge, you don't have a criminal record. Is this right?

I know what I did was bad, I regret it and I've matured since then, I'm just a bit worried cause I was looking up some holiday stuff on Google and happened to click on some forum topics on a travel site about people being sent home straight away and I don't want that happening and leave, plus inconvenience my parents who don't speak English that well on their own in San Francisco as we're stopping there first, even though my sister is a few states away in Chicago and miss the wedding too.

[gamert]

Originally Posted by stevemilo

DAZA1 - I will private msg you. I have been for an interview. Check your private msg inbox.

Dude i have to probly go for an interview with Canada and USA in the next few months can you give me a heads up on what to expect... i have been b4 but now this new ESTa thing i'm probably gonna have to go for the interview

[mayhemdiva]

i have just been through the humiliating process with a friend who is applying for a us visa...(watching 60 year old men come out from the consulate crying having been refused a visa for offences committed when they were 18 is not amusing)..after my friend had to take all his belt, shoe laces etc tie off prior to entering having paid $15 for the pleasure of making the interview and $155 for the visa application he had admitted two drink driving offences and was sent to a special doctor ( one of only two in Victoria) for a $150 medical examination which consisted of questions only...thats right, no physical, urine test etc...then the report had to be sent back to consulate..that was over 6 weeks ago and we leave in the next few weeks..so far no visa, no reply and no way of contacting them to find out the progress...it amazes me that Ben Cousins was allowed in or for that matter how half of the USA is allowed to leave and re enter their own country if the standard they hold us to is the same for their own (moral turpitude)..at least it will keep Britney Spears away from Australia..lol...I respect every countries right to defend their borders, but traffic offenses are hardly 'moral crimes' not evidence of an underlying medical/psychological issue..I also question how they know we have done the wrong thing unless our government gives them access to our criminal files???
good luck to everyone who has to use this system to enter the USA..my friend has just blown over $4000 waiting for a visa that never came...

[simongr]

Originally Posted by mayhemdiva

good luck to everyone who has to use this system to enter the USA..my friend has just blown over $4000 waiting for a visa that never came...

How does 15+155+150=4000 or was that a typo? Has the visa actually been denied?

In relation to Ben Cousins do we know that he didnt have to go through the same process and I cant recall if he was actually convicted of/charged with a crime/criminal offense?

[simongr]

Originally Posted by gamert

Dude i have to probly go for an interview with Canada and USA in the next few months can you give me a heads up on what to expect... i have been b4 but now this new ESTa thing i'm probably gonna have to go for the interview

The electronic application is no different to the paper application.

[Skyring]

Originally Posted by Maca44

If you did not have your fingerprints taken, you will be fine. Although you have committed a summary offence, and received a fine for your actions, you do not have a criminal conviction and, as such, there is no way of authorities checking on you. I would write 'no' to the answer have you been arrested or charged, even though you were technically arrested. As I mentioned in a previous post that a friend was charged, and the matter withdrawn before it reached court, but he still went on-line and applied for a visa to visit the USA. After paying the $14 fee, going through the various pages it states that if you do not have a criminal conviction you do not need to continue with the process, which is completely different to other sites that indicate you should apply if even arrested.

The legislation, referred to in summary here: http://www.state.gov/documents/organization/86942.pdf requires a conviction. Just being arrested for lewdness or pandering isn't enough, but if you've been convicted of either, they won't give you a visa waiver. Bastardy and fornication, even if you've been convicted, aren't deemed as moral turpitude, so most of the FBs here would be OK.

Even in clear simple language, the thing's confusing and ultimately ridiculous. My appreciation is that if the USA doesn't want you, they can find something in there to either refuse you or make it so bloody inconvenient and expensive that you will run away screaming.

I wouldn't get too wrapped around the axles about forgetting to admit to arrests for little things that happened a long time ago. If you were arrested for shoplifting thirty years ago, who cares? I doubt that the Americans really want to spend the time of their public servants trying to dig up trivia, just to find out that the official records are long gone, the matter was never heard in court and you had to give the Jaffas back.

But if you've been freshly released from a long sentence for murder, you lie about it and they find out, don't count on having that fun holiday in Vegas.