Police Certificates In Aussie Land

[whisper2me 0]

Hi there!

I am an aussie about to go through the K1 Visa Process. I am wondering if anyone could tell me whether or not a previous drink driving offense will be acknowledged on the Police Report or whether it is considered to be simply a traffic offense. Either way, I need to know whether or not to include this DD offense in the orginal application as I don't want to leave out info and look as if I'm hiding something.

Thanks

Peta

[jezz85 0]

Hi Peta,

First of all, I can't tell you whether it will or won't be on your Police Certificate.

What I can tell you however is that in my opinion you should include it in the application as it is always the best policy to be as transparent and honest as possible with the anyone dealing with your visa application. Not only is it the best route, this will give you peace of mind throughout the process. I have heard time and time again on Visa Journey the value of honesty. It is when they discover later that you hid some facts that you run into trouble. In all likelyhood, the drink driving thing won't worry them as long as you're upfront and honest.

So my opinion is, if they are asking if you've had prior offenses, yes, do include it in the application. It will save you a whole lot of bother further down the track with personal worry on your side, and if they DO find out about it on their side.

Best of luck!

Edited July 1, 2007 by jezz85

[Rings 10]

I agree with Jezz there

[SharynY 2]

it might be included - but i agree with Jezz....

none of my parking offenses were included on the police certificate - ......

[whisper2me 0]

Hi Again!

Thankyou for all your quick responses. I phoned the nationwide Police Contact number today (for those who may ever need it: (07) 3364 6854) which specifically handles enquiries relating to Aussie Police Certs. She stated that a DUI offence is not listed as criminal offence and therefore is definitely NOT on the Police Certififcate.

I am assuming then that although this won't be included on any documentation, I should still acknolwedge it somewhere on the application. Has anyone else had this experience recently?

Cheers,

Peta

[Kym 0]

Hi Again!

Thankyou for all your quick responses. I phoned the nationwide Police Contact number today (for those who may ever need it: (07) 3364 6854) which specifically handles enquiries relating to Aussie Police Certs. She stated that a DUI offence is not listed as criminal offence and therefore is definitely NOT on the Police Certififcate.

I am assuming then that although this won't be included on any documentation, I should still acknolwedge it somewhere on the application. Has anyone else had this experience recently?

Cheers,

Peta

My fiance had a drink driving charge about 20 years ago. There is really no place to indicate this on the I-129F form, so he didn't. We have rec'd approval notice on that part. Now that he is gathering everything for his interview it has effected him a little more. He appeared in court at the time of his drink driving charge and he has to get a copy of his court record. You have to know date of charge when having to go back that far. If you need to know how to get that info, I can ask him who he called. He has also applied for his police certificate but that has not been received as of yet.

Whenever he visited me before this process, he had a B2 visa instead of entering the USA under the visa waiver program. We were not sure if this was really necessary, but he didn't want to risk being turn away at customs...so he went through route.

[whisper2me 0]

Thanks for emailing me that info Kym.....very helpful.....

I still have a few questions but first need to explain my circumstances.

In 1991 (16 years ago) at the ripe ol age of 19 years, I was arrested and charged for drink driving. In 2005 (only 2 years ago), I was in a situation where I had consumed a couple of drinks in a club in the company of very blotto friends as I was the driver for the night. I had timed my 2 drinks so that I could savely drive home under the legal limit around 2am, however, when I had returned from the ladies room, I couldn't find their drunk a**es anywhere. I found myself in a situation where I was uncomfortable being on my own in the club and then also tried to find them in 2 clubs nearby without any luck. Anyway, my point is.....I drove earlier than I had anticipated because I wasn't expecting to be in that position and was only 0.03 over the legal limit, resulting in the minimum one month suspension of my license and a small fine. Call me stupid if you will, but it was a choice I made in that situation. So then, I have 2 DUI charges.

My questions are:

1. Has anyone seen any documentation on whether there is a time frame in which offences were committed and being able to apply for the K-1? I mean, do you have to wait a certain number of years after a DUI before you can apply?

2. Regarding Form DS-156 (Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty or other similar legal action? Have you ever unlawfully distributed or sold a controlled substance(drug), or been a prostitute or procurer for prostitutes?)

Is this where you are supposed to acknowledge your drink driving offences and answer yes or is this question purely for criminal matters? Do I answer no to these and then still provide details of the court hearings??

3. Does anyone know if I will need a waiver???

Sorry about going over and over this, but I'm trying to get accurate information so I can be properly prepared. It is also comforting to know of other people going through the same.

Confused North Queenslander,

Peta

I will also paste this in the waiver forum.

[Kym 0]

My questions are:

1. Has anyone seen any documentation on whether there is a time frame in which offences were committed and being able to apply for the K-1? I mean, do you have to wait a certain number of years after a DUI before you can apply?

2. Regarding Form DS-156 (Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty or other similar legal action? Have you ever unlawfully distributed or sold a controlled substance(drug), or been a prostitute or procurer for prostitutes?)

Is this where you are supposed to acknowledge your drink driving offences and answer yes or is this question purely for criminal matters? Do I answer no to these and then still provide details of the court hearings??

3. Does anyone know if I will need a waiver???

Peta

Hi Peta,

I know this does not answer all of your questions, but you can get some additional info here regarding visas and drink driving charges:

http://canberra.usembassy.gov/consular/nivfaq.html#visapp

Kym

[Loke 0]

Thanks for emailing me that info Kym.....very helpful.....

I still have a few questions but first need to explain my circumstances.

In 1991 (16 years ago) at the ripe ol age of 19 years, I was arrested and charged for drink driving. In 2005 (only 2 years ago), I was in a situation where I had consumed a couple of drinks in a club in the company of very blotto friends as I was the driver for the night. I had timed my 2 drinks so that I could savely drive home under the legal limit around 2am, however, when I had returned from the ladies room, I couldn't find their drunk a**es anywhere. I found myself in a situation where I was uncomfortable being on my own in the club and then also tried to find them in 2 clubs nearby without any luck. Anyway, my point is.....I drove earlier than I had anticipated because I wasn't expecting to be in that position and was only 0.03 over the legal limit, resulting in the minimum one month suspension of my license and a small fine. Call me stupid if you will, but it was a choice I made in that situation. So then, I have 2 DUI charges.

My questions are:

1. Has anyone seen any documentation on whether there is a time frame in which offences were committed and being able to apply for the K-1? I mean, do you have to wait a certain number of years after a DUI before you can apply?

2. Regarding Form DS-156 (Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty or other similar legal action? Have you ever unlawfully distributed or sold a controlled substance(drug), or been a prostitute or procurer for prostitutes?)

Is this where you are supposed to acknowledge your drink driving offences and answer yes or is this question purely for criminal matters? Do I answer no to these and then still provide details of the court hearings??

3. Does anyone know if I will need a waiver???

Sorry about going over and over this, but I'm trying to get accurate information so I can be properly prepared. It is also comforting to know of other people going through the same.

Confused North Queenslander,

Peta

I will also paste this in the waiver forum.

Hi Peta,

I wouldn't regard myself as an authority by any stretch of the imagination, but for what it's worth these are my thoughts on your questions.

1. as far as I know there is no required time frame between crimes/charges and applying for the visa. My understanding is that the consular official who conducts the interview will determine whether or not to issue the visa but I am not aware of having to wait a certain time before applying.

2. given that the question is worded "offense or crime", I would think this is the appropriate place. If you are going to mention your DUIs I would gather whatever documents are available to present at your interview. My feeling is that they are probably looking out for more serious crimes than drink driving, but that's just a guess.

3. I honestly have no idea whether you will need a waiver, so I can't help with that one.

[whisper2me 0]

Thankyou for the response Loke.

I have finally received a response from the Sydney Consulate stating:

"You will be required to undergo an additional part of your medical examination which is now required for all visa applicants with drink driving offences. Not until we receive the physician’s final report would we be able to advise you whether or not you require applying for a waiver."

Apparently there is new legislation regarding alcohol related offences including drink driving in which you basically have to prove that you don't have an alcohol addiction or a mental disorder which would endanger others. I find this a little amusing given that I am a Psychologist here in Australia and have worked for the govt mental health system for over 10 years.

I am now trying to find out if i can have this additional medical PRIOR to the interview so that time isn't wasted.

For anyone else with drink driving offences only, the new legislation is outlined in the RESOURCES section of www.immigrate2us.net

Cheers.

Peta

[Kym 0]

Thankyou for the response Loke.

I have finally received a response from the Sydney Consulate stating:

"You will be required to undergo an additional part of your medical examination which is now required for all visa applicants with drink driving offences. Not until we receive the physician's final report would we be able to advise you whether or not you require applying for a waiver."

Apparently there is new legislation regarding alcohol related offences including drink driving in which you basically have to prove that you don't have an alcohol addiction or a mental disorder which would endanger others. I find this a little amusing given that I am a Psychologist here in Australia and have worked for the govt mental health system for over 10 years.

I am now trying to find out if i can have this additional medical PRIOR to the interview so that time isn't wasted.

For anyone else with drink driving offences only, the new legislation is outlined in the RESOURCES section of www.immigrate2us.net

Cheers.

Peta

Interesting! When Darryl went for his medical with Dr. Waks in Sydney, Dr. Waks told him that starting next year people with drink driving charges would have to see a psych before their interview....for exactly the reason you stated. To prove you don't have an alcohol addiction. So I guess they have already started this proceedure?

[whisper2me 0]

Hey Kym! Yes they have ...however...if there is only one drink driving offence and it occured more than 3 years ago, I'm convinced a waiver won't be necessary. The article in immigrate2us.net acknowledges this.

Regards,

Peta

Thankyou for the response Loke.

I have finally received a response from the Sydney Consulate stating:

"You will be required to undergo an additional part of your medical examination which is now required for all visa applicants with drink driving offences. Not until we receive the physician's final report would we be able to advise you whether or not you require applying for a waiver."

Apparently there is new legislation regarding alcohol related offences including drink driving in which you basically have to prove that you don't have an alcohol addiction or a mental disorder which would endanger others. I find this a little amusing given that I am a Psychologist here in Australia and have worked for the govt mental health system for over 10 years.

I am now trying to find out if i can have this additional medical PRIOR to the interview so that time isn't wasted.

For anyone else with drink driving offences only, the new legislation is outlined in the RESOURCES section of www.immigrate2us.net

Cheers.

Peta

Interesting! When Darryl went for his medical with Dr. Waks in Sydney, Dr. Waks told him that starting next year people with drink driving charges would have to see a psych before their interview....for exactly the reason you stated. To prove you don't have an alcohol addiction. So I guess they have already started this proceedure?