Can You Get A Us Visa With A Criminal Record

If you have a criminal record, you may be wondering if it will prevent you from getting a US work visa. Many people with criminal records are able to obtain work visas and enter the US legally. Keep in mind that each situation is different, so to make sure your efforts are not in vain, you should contact an immigration attorney today. Work visas are granted to people who wish to temporarily enter the United States for the purpose of taking up employment or entrepreneurial activity. The most commonly issued types of work visas are given on the basis of employer sponsorship and family relationships.

Can You Get A Us Visa With A Criminal Record

Visitors to the United States of America are expected to comply with US immigration and customs laws. Getting a US visa isn’t easy, but it’s not impossible either. The US government allows convicted felons who want to come to America and start over, to apply for visa waivers.

The U.S. Department of State provides a number of nonimmigrant visa classifications for persons to visit the United States temporarily for business (B1 or B2), tourism (B2) or medical treatment (B2). Some of these require that the person live outside the U.S. and are limited to visits of a specific duration (such as six months) while others do not limit the length of stay, provided that the person depart the U.S. prior to expiration of a specified amount of time since entry (such as one year). There are a number of visas that can be issued by the U.S. consulate or embassy, including those for persons coming to visit family members in the U.S., study, train and teach, conduct commerce and some work reasons. In addition many applicants for student or work visa may also need a permit from U.S. Immigration and Customs Enforcement (ICE).

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STEP 1 – Complete the visa application form

Firstly, you will have to complete a non-immigrant visa application form (DS-160). This must be filled out online.

A non-immigrant visa application costs $160 which is approximately £100. Payment is made at the time of scheduling the non-immigrant visa interview with the Operator Assisted Information Service (see the section on arranging an interview). On confirmation that your payment has been accepted, the operator will schedule the appointment. Confirmation of the appointment date and time will be sent by email together with a receipt for the application fee. You will need to take this with you to your interview.

Questions on the visa application form (DS-160) regarding arrests and convictions

In the “Security and Background Section”, it asks:

“Have you ever been arrested or convicted for any offence or crime, even though subject of a pardon, amnesty, or other similar action?”
“Have you ever violated, or engaged in a conspiracy to violate, any law relating to controlled substances?”
“Have you ever been involved in, or do you seek to engage in, money laundering?”
“Have you committed, ordered, incited, assisted, or otherwise participated in extrajudicial killings, political killings, or other acts of violence?”

How to answer the question “Have you ever been arrested or convicted?”

On the US Embassy website it states that “if you are not sure whether or not you are eligible to travel visa free, the only way to resolve this question would be to apply for a visa. The embassy and the Live Operator Information Service cannot provide any further guidance on this matter until you appear in person before a consular officer.”

When Unlock approached the US Embassy, they stated that “it does not matter what the criminal offence was or how long ago it occurred. The person will need to be interviewed, because each case is dealt with on an individual basis.” The embassy stated that the need to declare a conviction has been in place since 1988, but agrees that, since September 11 2001, there has been a gradual tightening of the regulations.

Under US Immigration law, if you have been arrested at any time, you are required to declare the arrest when applying for a visa. If the arrest resulted in a conviction, you may be permanently ineligible to receive a visa. If you are permanently ineligible, in order to travel, a waiver of the permanent ineligibility is required.

The Rehabilitation of Offenders Act does not apply to the United States visa law. Therefore, even travellers with a spent conviction are required to declare the arrest and/or conviction.

The question asked by the US previously related to offences involving ‘moral turpitude’. This is no longer the case. However, as part of their decision making process, they will look at your case and place specific emphasis on those offences which involve moral turpitude.

STEP 2 – Provide details of your criminal record

As well as the visa application form, because of your arrest/conviction information, you will have to complete a Personal Data Sheet (VCU-01) where you will need to include details about your arrests/cautions/convictions. This form must be completed electronically.

If you’re not sure of the details surrounding your arrest or conviction, you can use the ACRO Police Certificate (see below) to help you.

STEP 3 – Provide official confirmation of your criminal record – Police certificate

Applicants applying for visas at the US Embassy are required to provide a police certificate from the National Police Chief Council (NPCC) Criminal Records Office (ACRO) issued within 6 months of the visa interview. Information on obtaining the police certificate is available here. You should obtain this certificate in advance of completing the Personal Data Sheet so that you are able to provide accurate information about each arrest/conviction.

The original police certificate will be retained on file by the Embassy. If you wish to have the original document returned to you on the day of the interview, you should take a photocopy of the document and a stamped, self-addressed envelope to the interview. Alternatively, additional copies of the certificate can be requested at the time of application.

What if I was convicted in the United States?

If you were arrested and/or convicted of an offence in the United States, you are required to obtain a court record from the court(s) in which you were tried. Such court records must show the nature of the offence(s) committed, the section(s) of law contravened and the actual penalty imposed. If the arrest did not result in a conviction, you may submit with your application the documents relating to the arrest. If you are no longer in possession of these documents, you may submit a sworn statement which gives the reason and location of the arrest, state and county. If you do not know the address of the court, the information is available online. Applicants are also required to obtain a police certificate from ACRO issued within 6 months of the visa interview.