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I was filing out a ETA and was denied I answered YES to the…

Customer Question
I was filing out...

I was filing out a ETA and was denied I answered YES to the question if I have a criminal history, it was 41 yrs. ago in jail for 3 days for shoplifting. The visa app was denied and I have to contact border.gov. is there a simpler way to do this?

Lawyer's Assistant: What is your official status? Do you have any pending applications or petitions with USCIS?

What is USCIS? I did the ETA online we are going to Australia

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Submitted: 7 months ago.Category: Australia Law
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Answered in 1 minute by:
11/29/2017
Solicitor: Leon, Solicitor replied 7 months ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,714
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Hi, I am Leon, a NSW Solicitor. I will be assisting you with your question today. I may ask a few questions. I can call you for an extra fee.

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Customer reply replied 7 months ago
no thank you
Solicitor: Leon, Solicitor replied 7 months ago

Good Morning

As you have a criminal record you cannot apply for an ETA.

You have to make an application and lodge it with the Department or the Embassy where you are and get it approved.

To apply for an ETA you must not have any criminal conviction.

What country are you in?

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Customer reply replied 7 months ago
United States
Customer reply replied 7 months ago
I wouldn't think it would still be on my record from 41 yrs. ago.
Customer reply replied 7 months ago
What would happen if I went and did another ETA and marked NO to the criminal background question , since it seems that what they care about if you have been in jail for then 12 months.
Solicitor: Leon, Solicitor replied 7 months ago

You have to make the application to the Australian Embassy in the US

You cannot do an electronic visa because of the record.

It does not matter how old the record is.

The fact you have it, it will have an impact.

The officer has a discretion to consider how long ago it was etc

Here is some information

http://www.australiaherewecome.com.au/blog/australian-visa-applications-and-substantial-criminal-record-do-you-have-one-what-can-you-do-about-it/

You should contact the embassy and make an appointment and they will also advise you where to get the form or email it to you.

If you lie when you enter they will see the conviction and they will not allow you entry.

You will be deported.

You have to go and have an interview and be approved.

I hope this makes sense and is of assistance. If you have found my answer to be helpful, please rate me five stars so I can get paid for my services to you. I am happy for you to ask further questions on anything you wish more detail on.

Regards

Leon

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