Australian criminal record and entering the US

We were wrong Josh. I only reckoned we could keep him going on this for a year.

Given that your posts started last week, I think you need to recheck how many days constitute a "year."
But I am willing if you want.* I like academic debates like this. They are a nice break from the standard "Will I get in?" posts.

(*Actually, not really. I'll probably be bored with it in a couple days.)

Firstly... thank you to: elijahonline.

For those just wanting to show their legal skills and impress us with their intelligence - you're just making basic information for travellers - over complex.

I have a criminal record (multiple offenses between 16-18 years old) which as an adult is completely embarrassing, overwhelming and regrettable.

I am well aware of the fact that I could seek legal help to apply for a visa and POSSIBLY (although probably NOT) have this granted. The issue here is that I think it's pretty clear that ANY offense (besides possibly low range drink driving etc) should be listed on the Visa Waiver Form - however by listing these offenses - you are inevitably digging your own grave.

I've spent lots of time looking at forums and there's definitely been a clear indication that Australians with criminal records travelling to the US should say that no on these VISA waiver forms and if they say yes - you just won't get in. If you say no - You will.

US customs will NOT be checking crimes in Australia UNLESS YOU LIST THEM. So don't.

Yes this is legally wrong... but morally?? That's your call. I don't think anyone without a criminal conviction are really understanding what the person who posted this thread is really wanting to know: HOW CAN THEY GET IN TO THE USA WITHOUT GOING TO JAIL. I've already paid for my crimes as a teenager - but this was many years ago and I want to see as much of this world in my lifetime as possible. It's been 10 years since my convictions so my attitude here if anything was brought up (which I highly unlikely believe to be the case) I will explain WHY i wrote this - and either be sent home or be let through. (THIS WONT EVEN HAPPEN - I've had numerous friends go through without question).

The reality is that you will not be allowed to work or stay over 90 days and if you try to apply for a VISA you will need to provide a criminal history check - so don't even go there.

I'm not planning a trip to the States anytime soon - but I'll definitely post back to let you know what happens. FOR ANYONE READING THIS - please do the same as it's very helpful to people who are stressed and find this difficult.

#37 --

When Congress authorizes an agency to write regulations, and the agency does so in the proper manner (giving the public notice, getting public comments, taking those comments into account, etc) those regulations are given a great deal of weight by the courts. It does happen from time to time that an agency is found not to have adopted the regulation properly, or to have overstepped its authority in enacting this particular regulation, but it's extremely rare. I can't imagine a court saying that the State Department overstepped its authority here, and I doubt that the regulation wasn't enacted properly.

People win in cases with the IRS where there is no regulation, or where the regulation is ambiguous as applied to the taxpayer's case, or (most often) where the court decides that the IRS applied its own regulation improperly. None of that will be the case here.