Lying about your record, or otherwise trying to conceal the information, can result in a permanent visa ineligibility based on misrepresentation. In order to get a waiver, you must first meet all the requirements of the visa, regardless of your criminal record.
For example, to qualify for a tourist visa, the consular officer must be convinced you will return to your home country at the end of your permitted stay. If you meet all the standard visa requirements, the consular officer must then decide whether to recommend the waiver. If you have a recent conviction or have committed a serious crime, the consular officer might not be willing to do so.
The consular officer will also consider the purpose of your travel and the U. For example, if were convicted ten years ago for possessing a small amount of marijuana , have a strong financial situation, and have never had any other convictions, you would likely be a good candidate for a waiver recommendation.
This type of inadmissibility waiver for foreign nationals trying to come to the U. Immigration and Nationality Act I. No foreign national has an absolute legal right to receive a d 3 waiver. ARO considers factors similar to those the consular officer considered when deciding whether to recommend the waiver. The foreign national need not have an emergency reason such as visiting a deathly ill U.
How It Works Briefly tell us about your case Provide your contact information Choose attorneys to contact you. Transit passengers of many countries are allowed a few days in major cities, but other than that almost everyone needs a visa to enter China. What was the outcome of the case? You'll also be refused entry if you've been deported from any country or are deemed likely to commit crimes or otherwise pose a risk if you're let in. Namespaces Page Discussion. Therefore, final travel plans or the purchase of non-refundable tickets should not be made until a visa has been issued and you are in receipt of your passport.
There is no separate application process for a d 3 waiver related to a visitor visa. After your visa interview, if the consular officer is recommending the waiver, the consular officer will forward the request to the ARO electronically. The consular officer might request a foreign police certificate or court documents to scan and forward with the waiver request.
If you know that you have a criminal record, it might be helpful to locate your court documents ahead of time, and check the U. The ARO makes the final determination on your application.
If the ARO approves your application, it will return the notice of approval to the U. If the ARO denies your waiver application, it does not mean that you will never be able to receive a U. If you apply for a visa in the future, a new waiver request can be sent and the ARO will review your new waiver request.
It is usually best to wait at least a year before reapplying, as you are unlikely to obtain a different outcome before then, because your circumstances will likely be unchanged. If you do not agree with or understand the decision of the consular officer or the ARO, an immigration attorney can explain your options and help you decide whether to appeal the decision. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
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Search Term. Getting a U. Visitor Visa With a Criminal Record. In order to apply for the ETA or eVisitor visa online and travel to Australia , the applicant must not: Have any conviction that resulted in a prison sentence of 12 months or more regardless of time served Have been convicted for two or more offenses and the combined length of all your sentences amounts to 12 months or more regardless of time served Have a suspended prison sentence where the period served, had it not been suspended, was 12 months or more.
Have been convicted of domestic violence. This applies to all offenders regardless of the length of their conviction and the country the crime was committed in. The applicant will not be eligible to apply for the Australia e-visa online if they have any of the above convictions. However, those unable to get an eVisitor or ETA may still be able to travel to Australia with a criminal record.
When applying, the traveler must: Be upfront about any criminal offenses Answer any questions truthfully Supply all the information requested The most important thing is to be truthful , as the Australian Immigration Department will take all of the circumstances surrounding an individual case into account. However, if an Australia criminal record check is carried out and the applicant is found to not have been truthful about their criminal record history , then the application will be refused.
The applicant must show that they have no intention to: Harass, molest, intimidate, or stalk another person Incite discord within, or vilify any part of, the Australian community Pose any danger to the Australian community. Have any conviction that resulted in a prison sentence of 12 months or more regardless of time served Have been convicted for two or more offenses and the combined length of all your sentences amounts to 12 months or more regardless of time served Have a suspended prison sentence where the period served, had it not been suspended, was 12 months or more.