finer points of VWP eligibility

[asterisk 0]

Hi VJ community,

I am looking for advice on my eligibility for the VWP and/or B2 visa.

Residing in Australia.

I have two convictions. 1) Carry and graffiti implement. 2) No helmet on bicycle. I was arrested on both accounts. they are both non-criminal.

More recently I was charged with 'artificial cultivation of cannabis'. which is a criminal offence, but I was not convicted and there was no initial arrest.

I feel as though I may just be hovering below the line due to not having been arrested or convicted of a crime and the convictions I do have being minor.

The US embassy website states: "Australian applicants that have been arrested for or charged with a crime, including offences involving the use of a controlled substance, are advised to apply for a visa prior to travel. Individuals who have been convicted of minor traffic violations (such as speeding), or with drink driving convictions generally do not need to apply for a visa..."

I know my chances are slim.

your advice will be greatly appreciated.

Kind regards.

[Jawaree 718]

Apply for the visa & dtsclose all U said here

& present your dispositions (take it to interview)

only the cannibas will be the prob , if under 30

grams not too bad...I think U have a good chance

if U R honest, time has passed &, U convince the CO

U R a changed person

[Boiler 45,966]

I would expect ESTA to be refused and that you will need a visa.

[asterisk 0]

thanks for the replies guys,

I have been told that only convictions will show up on the ESTA. can anyone confirm or deny this.

i would feel better about laying it all down and being honest. but if i don't need to state my cannabis charge, then i wont.

[Boiler 45,966]

Nothing shows up on ESTA, they ask you questions, you answer.

[asterisk 0]

in case anyone is interested...

I spoke with someone from customs and boarder protection in washington and they informed me that I am still be eligible for the ESTA with my two convictions.

[Harpa Timsah 13,258]

Did you apply for ESTA?

[Boiler 45,966]

Nobody said you were ineligible to apply for ESTA.

[asterisk 0]

I have a sticky question; Is it true that only convictions will show on a background check, conducted at the boarder travelling into the US on a VWP?

More specifically: is it true that a charge (without conviction) will not show?

[asterisk 0]

Did you apply for ESTA?

No, I haven't applied yet. I am still undecided as to whether I will apply for a B2visa or VWP

[Boiler 45,966]

ESTA first, if it is declined they you only have the B2 option.

[asterisk 0]

Hey boiler - That's true.

When applying for the ESTA I will obviously include my two convictions as required.

I want to know whether I am legally obliged to also state a charge, of which I was not convicted.

thanks for your input.

[Boiler 45,966]

Memory says it asks about arrests, so as long as you were not arrested no problem.

[Teddy B 17,252]

I have a sticky question; Is it true that only convictions will show on a background check, conducted at the boarder travelling into the US on a VWP?

More specifically: is it true that a charge (without conviction) will not show?

No, it is not true that only convictions show up on background checks whether at border crossings or when applying for a visa. If you've been arrested, it will show up in both instances. An arrest stays on your record, whether you were convicted or not.

Edited July 11, 2014 by Teddy B