E-3 visa USCIS background check [merged threads]

[ins-likes 1]

Hey guys,

Do you think the USCIS can see drug diversions? I have one from 10 years ago.
I have federal police check that came up clean. Am applying for an E-3 visa and have an interview at the US consulate in 4 weeks.
Answered no to and drug crimes on DS-160.

Thanks!

[TBoneTX 43,915]

The above post was split from a zombie thread.

[ins-likes 1]

Applying for a E3 visa. I have a diversion from 9 years ago that was never convicted or arrested. It does not come up on a Federal Police check.

Interview is in Australia for the visa.
Will this come up? What kind of check do they do?
I have not lived in Australia for 8 years and have not been in trouble since. I have submitted all documents for the US visa including the DS-160 so I feel like it might be too late to change anything. oh man.... 
It might be too late to go through the admissibility waiver I feel. 

Help and advice is appreciated!

Thanks!

[SalishSea 17,190]

How did you answer the questions about criminal/arrest history?

[ins-likes 1]

Just with a no. 
I have visited the US many many times since the incident also....

[SalishSea 17,190]

4 minutes ago, ins-likes said:

Just with a no. 
I have visited the US many many times since the incident also....

If you lied on the form, that will definitely be a problem.

[ins-likes 1]

Do you think I could submit another one? and say yes? Cancel my initial interview and apply for an inadmissibility waiver? 

[SalishSea 17,190]

52 minutes ago, ins-likes said:

Hey guys,

Do you think the USCIS can see drug diversions? I have one from 10 years ago.
I have federal police check that came up clean. Am applying for an E-3 visa and have an interview at the US consulate in 4 weeks.
Answered no to and drug crimes on DS-160.

Thanks!

Yes.

 

The issue is though that even if the incident is not an inadmissibility, lying about it on a form is a misrepresentation, which is an inadmissibility.

Edited April 3 by SalishSea

[SalishSea 17,190]

8 minutes ago, ins-likes said:

Do you think I could submit another one? and say yes? Cancel my initial interview and apply for an inadmissibility waiver? 

I believe you can submit a corrected DS-160, yes.

[TBoneTX 43,915]

Similar-themed threads have been merged.  Please keep follow-up posts within this thread.

[ins-likes 1]

29 minutes ago, SalishSea said:

Fair point. 
Cancel my appointment, lodge a new DS-160 form and look into getting a waiver if that's possible. Any other thoughts?

 

 

 

[SalishSea 17,190]

1 hour ago, ins-likes said:

 

I would not cancel the appt.  I believe they will inform you during whether you have an inadmissibility, and if a waiver is available.  You can submit the new DS-160 before the interview.

 

@Boiler, @Family, @Crazy Cat, any thoughts?

[Family 3,706]

First , it’s encouraging to hear you got back on track. Do not cancel the interview. You will provide a corrected /updated response to the DS-160 then . 
‘Be open and truthful about misunderstanding the ESTA questions , in light of  what I assume is No Live Trace and your perception that it went away. 
 

Follow the link and get as much of the recommended records as you can . Squeeze in a visit to your doctor, a psychiatrist that deals with addiction and try to put together an All Clear evaluation , if possible. 
‘Get a couple of He Is The Best Thing since Sliced Bread letters of recommendation from a professional and community figure. 
 

Put your best foot forward…and follow the officers lead. Ask if your record warrants recommendation for non immigrant waiver …if you are unsure how interview is going. 
 

 

 

 

https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/UnitedKingdom.html

The Rehabilitation of Offenders Act 1974 enables some criminal convictions to become 'spent', or ignored, after a set length of time from the date of conviction. After this period, with certain exceptions, an ex-offender is not normally obliged to mention their conviction when applying for a job or obtaining insurance, or when involved in criminal or civil proceedings. The "No Live Trace" or "Further Information Stepped Down" response indicates that information is available relating to a 'spent' conviction. A "No Trace" response indicates a clean police record.

Applicants presenting “No Live Trace” or “Further Information Stepped Down” police records are encouraged to request and submit their Subject Access Record to facilitate visa processing.  Applicants are legally entitled to gain access to this information about themselves under Section 7 of the British Data Protection Act, 1998.

Prison Records

Unavailable.

Court Records

Available. Applicants may obtain court records (usually called "Memorandum of Conviction" in the United Kingdom), by writing to the Clerk of Court of the court (or courts) in which he or she was tried. This request must include as precise a date and place as possible.

Edited April 3 by Family

[ins-likes 1]

7 minutes ago, Family said:

@Family

Thanks for taking the time to respond. 
That provides some hope for me. It's been my dream to work and live in the U.S. for many years.

Do you know if the inadmissibility waiver is handled at the time of the DS-160 visa/E3 visa?

 

[Family 3,706]

Just now, ins-likes said:

 

Choose your words carefully….its great to be excited about the Job/ Work …but they must believe you intend to go back home…so dream of  getting a competitive advantage when you return home….?  😎.