travel to america with criminal record

Can I Enter the USA with a Criminal Record?

If you have a criminal record and are planning to travel to the United States of America you might face difficulties when applying for a tourist visa or an ESTA visa waiver , or when entering the country. However, this is not to say it is impossible.

Individuals convicted of crimes of moral turpitude will not be treated the same as those who have misdemeanor charges such as “Driving under Influence” (DUI). Whether you will be granted an ESTA or a visa depends entirely on the details of your criminal history .

This article explains the types of crimes that are unlikely to affect a traveler’s chances of being granted access to the United States and serious crimes that could be problematic.

Can I Go on Holiday to America with a Criminal Record?

It is possible to go on vacation to the U.S. with a criminal record for a minor offense.

Criminal convictions for the following misdemeanours are unlikely to result in denial of entry or a visa/ESTA application rejection:

• Drinking and Driving / Driving under the influence
• Illegal trespassing

A single non-serious crime is not, in most cases, sufficient grounds for denial of entry. However, if you have committed these crimes repeatedly, then entry/visa/ ESTA rejection is possible.

Having a criminal record does automatically make an individual ineligible for ESTA: cases are assessed on an individual basis and depend on the specific nature of the offense(s): Drug convictions are very likely to cause an application to be rejected.

Offenses classified as crimes of moral turpitude by the U.S. government

Crimes of moral turpitude can generally be divided into the following categories:

Crimes against Property

Crimes against property include:

Crimes against governmental authority

Offenses in this category classed as CMT include:

• Mail/wire fraud
• Tax evasion

Personal, relationship and sexual crimes

This is one of the largest categories of crimes of moral turpitude and covers offenses such as:

• Abandonment of a child
• Gross indecency
• Manslaughte

Aiding and abetting, conspiracy

This category covers criminal records obtained for playing some role in a serious crime or attempted serious crime:

• Accessory to a CMT
• Aiding and abetting a CMT
• Attempt to commit a CMT
• Taking part in a conspiracy to commit a CMT

Crimes of various nature may be included in the list in one country, while in a different country the classification may be different. Nevertheless, all travelers with a criminal record must bear in mind that the essential regulations are those of the United States . For this reason, it is advisable to seek advice from an attorney at law if hoping to travel to the US with a criminal record for a crime of moral turpitude.

Travelling to America with a Criminal Record

All convictions must be declared , and all answers to the related ESTA / Visa application questions must be honest and truthful. Failing to do so will lead to severe consequences should a U.S. immigration officer determine fraud has been committed by omitting or lying about their criminal history. Substantial penalties and legal action will follow.

If you are from a country, such as the United Kingdom, where the law allows you to avoid full disclosure of some criminal convictions, note that making a visa or an ESTA application for the United States waives all such rights.

All applicants, regardless of their nationality, must disclose any past and/or present criminal information fully. Those who are applying for a tourist visa for the USA will go through the official interview stage. Should you have a criminal record, you will be required to show official documentation related to the conviction during the interview process.

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Common Myths About Travelling to the US with a Criminal Record

by AllCleared | Feb 3, 2022

A criminal record comes with many restrictions when travelling across the border. There are many myths surrounding the types of crimes that may or may not make you inadmissible into the US, and the circumstances that could deny you entry into the United States. Approximately 20.72 million visitors entered the US from Canada in 2019. Canadians choose to enter the US every day for a variety of reasons, such as business, leisure or family matters. Many Canadians choose to cross the border just for the day to go shopping or to visit their favourite restaurant. When deciding to make these short trips, the majority of Canadians wouldn’t think twice about being denied entry in the Country for a crime that may have been committed 20 years prior. If you’re trying to enter the US with a criminal record, you will need a US Entry Waiver .

What are the common myths about travelling to the US with a criminal record?

The main point to consider is that the US Border Officer makes the final decision on whether to refuse someone entry or not. They have the authority to refuse someone entry for any reason that they feel could be a threat to their country. Individuals may not have ever committed a crime, but can still be refused entry due to something they said to the Border Agent.  Determination as to who will be allowed entry is solely up to the discretion of the Border Agent that day, and is given on a case by case basis, in view of all of the relevant factors. The Agents’ job is to keep their country safe and will refuse anyone entry who they deem to be undesirable or a threat. Once an individual has been refused entry once, they will need to apply for a US Entry Waiver for the rest of their lives.

Can I be denied entry for minor charges?

Unlike gaining entry into Canada, a single DUI conviction is not grounds to deny entry into the US. However, individuals with criminal records that may not seem serious can still be denied entry. “Moral turpitude” is an act or behavior that severely violates the sentiment or accepted standard of the community. “Moral turpitude” typically includes crimes that relate to fraud, theft, drugs, violence and/or intent to harm persons or things. With this being said, this leaves a large number of Canadian travellers in the dark about whether or not their record falls under those categories, leading to greater risk when attempting to enter the US.

My charges are from many years ago, could I still be refused entry?

It’s a common misconception that if an individual’s charges are over a certain amount of time ago, they won’t show up in the system or it won’t affect them entering into the US. This notion has led to many Canadians being refused entry when crossing into the States. Many Canadians are unaware of the fact that even if their charges are 20 years old or more, this can still lead to them being denied entry into the US. Regardless of whether the charges seem dated, or a person’s record has been clean for decades, Border Officers can deny access to anyone.

I have a Pardon within Canada, can I gain access to the US?

Acquiring a Record Suspension (formerly known as a Pardon) is very beneficial for all Canadian individuals who have a criminal record. Although obtaining a Pardon is very beneficial within Canada, the US does not recognize Canadian Pardons, and having a Pardon alone would not grant you entry into the country. Individuals who have obtained a Pardon should also apply for a US Entry Waiver which would grant them travel into the US. If an individual is applying for a Pardon as well as a US Entry Waiver, or they have previously been granted a Pardon before applying for a Waiver, this will strengthen the Waiver application. Having a Pardon will show the Department of Homeland Security that the individual applying for the Waiver is rehabilitated and they may have a higher chance of getting the Waiver application approved, along with getting it for the full 5 years. Find out more.

I’ve crossed the border into the US many times, does this mean I’ll never be denied?

Many travellers who have a criminal record are under the assumption that because they have successfully crossed the border multiple times without any issues, they will never be denied. However, this is false. It is possible for individuals to cross the border and for the Border Agents to allow them access, but if an Agent decides to do a check on an individual and they see that they do in fact have a criminal record, then they can be denied. Border Officers have the right to do further screening on individuals at any time, and when their criminal history appears, they may be denied entry and even detained.

Could I be denied even if I don’t have a criminal record?

Ultimately, Border Agents have the authority to deny anyone entry if they feel they could be a possible threat to the country. They have the right to ask you questions regarding any possible criminal activity, and even check your phone for incriminating information. Individuals have been denied entry based on the fact that they have committed a crime in the past but were not caught, such as taking drugs. People have also been denied based on what Agents have found in text messages on their phone. Furthermore, if you had a charge that was withdrawn , or even some negative contact with police, this could also be a reason for denial. If you were charged but not convicted, the border officer can still deny you based on the grounds that you have been arrested. If you are denied at the border and you don’t have a criminal record, you will then need a Waiver to enter the US for the rest of your life.

Which crimes make me inadmissible to the US?

Unlike entering Canada, having one DUI or one simple assault charge will not make you inadmissible to the US. However, having multiple of these charges may cause concern and the border officer may deem you inadmissible. All other charges would make you inadmissible into the US and you would require a US Entry Waiver to enter the country.

Entering the US with a criminal record is risky and not guaranteed without the proper paperwork. A US Entry Waiver clears the way for travel across the border and gives you and your family peace of mind and permission to enter and travel to the United States.

Call us today for a free consultation at 1-866-972-7366 .

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Travelling to USA with criminal record: Requirements and How to Apply

In this article

What criminal convictions can cause an ESTA to be denied?

• Have you ever been arrested or convicted for a crime that resulted in serious damage to property, or serious harm to another person or government authority?
• Have you ever violated any law related to possessing, using, or distributing illegal drugs?
• Do you seek to engage in or have you ever engaged in terrorist activities, espionage, sabotage, or genocide?
• Have you ever committed fraud or misrepresented yourself or others to obtain, or assist others to obtain, a visa or entry into the United States?
• Are you currently seeking employment in the United States or were you previously employed in the United States without prior permission from the U.S. government?
• Have you ever been denied a U.S. visa you applied for with your current or previous passport, or have you ever been refused admission to the United States or withdrawn your application for admission at a U.S. port of entry?
• Have you ever stayed in the United States longer than the admission period granted to you by the U.S. government?
• Have you traveled to, or been present in Iraq, Syria, Iran, Sudan, Libya, Somalia or Yemen on or after March 1, 2011?

How long do convictions affect your US visa applications?

Provide details of your criminal record, provide official confirmation of your criminal record – police certificate, what if i was convicted in the united states, how can i increase my chances of being successful.

• The reason for traveling to the USA with a criminal record
• If you have family ties in the USA
• Express remorse regarding your conviction
• Must show a change in your character - good moral character
• The financial ability to fund your stay
• Having a paid job in the USA
• Provide as much information as possible to hand to the interviewer

Who can apply for an ESTA?

What happens if an esta is denied, what eligibility questions are asked for an esta application.

• Do you have a physical or mental disorder; or are you a drug abuser or addict; or do you currently have any of the following diseases (communicable diseases are specified pursuant to section 361(b) of the Public Health Service Act): Cholera, Diphtheria, Tuberculosis infectious, Plague, Smallpox, Yellow Fever, Viral Hemorrhagic Fevers, including Ebola, Lassa, Marburg, Crimean-Congo, Severe acute respiratory illnesses capable of transmission to other persons and likely to cause mortality?

Written by Abisola Fikayomi

Abisola is an accomplished writer interested in US Travel, immigration, passports and visas. She’s passionate about exploring new places and cultures and willing to share her experiences, expertize and findings with others. That is her primary drive for specialising in this industry.

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Travel to America with a Criminal Record: Visa Insights and Legal Advice

Yes, individuals with a criminal record typically need a visa to travel to America. ESTA authorization is usually not an option. Applicants must disclose their criminal history during the visa application process. Authorities will review this disclosure to assess eligibility for entry into the United States.

However, not all convictions bar entry. Minor offenses may not significantly impact your visa application. In these cases, it’s crucial to understand the details of your record and its implications. Applicants need to be honest about their criminal history on their visa applications. Failing to disclose such information can lead to future immigration complications.

Seeking legal advice is essential for individuals with criminal records. An immigration attorney can provide tailored guidance. They can assess your situation and recommend the best course of action. This could involve applying for a waiver, which allows certain individuals to enter the U.S. despite their past offenses.

Understanding these insights is crucial for a successful travel experience. Next, let’s explore available visa options and legal procedures that can help facilitate travel to America for individuals with criminal backgrounds.

Table of Contents

Can You Travel to America with a Criminal Record?

No, traveling to America with a criminal record is not automatically prohibited. Your entry into the U.S. may depend on the nature and severity of your criminal history.

Certain criminal offenses can impact your eligibility for entry. For instance, felonies, drug-related crimes, and violent offenses may lead to complications in obtaining a visa or entering the country. Individuals must disclose their criminal history when applying for a U.S. visa. The U.S. government assesses cases individually, considering factors such as the crime’s nature, when it occurred, and whether the applicant has demonstrated rehabilitation.

What Types of Criminal Records Impact Travel to America?

Certain types of criminal records can significantly impact travel to America. Individuals with serious criminal convictions may face challenges when applying for a U.S. visa.

• Types of Criminal Records Impacting Travel: – Felony convictions – Drug trafficking offenses – Violent crimes – Sexual offenses – Crimes involving moral turpitude – Multiple misdemeanor convictions – Immigration violations

Understanding how these criminal records affect visa applications and travel is vital for travelers.

Felony Convictions : Felony convictions typically involve serious crimes, such as murder, robbery, or assault. The U.S. government may view felons as a risk to public safety, potentially leading to denial of entry or visa applications.

Drug Trafficking Offenses : Drug trafficking offenses are considered severe under U.S. law. A conviction for trafficking drugs can lead to an automatic visa denial. The U.S. Drug Enforcement Administration (DEA) rigorously evaluates such convictions during the visa application process.

Violent Crimes : Violent crimes, such as aggravated assault and domestic violence, can hinder entry into the U.S. Consular officers assess the nature of the crime when reviewing visa applications, as these crimes raise concerns about safety and security.

Sexual Offenses : Sexual offenses are treated seriously in visa applications. Convictions for offenses such as sexual assault or child exploitation can result in a permanent bar from entry to the U.S. as the law aims to protect vulnerable populations.

Crimes Involving Moral Turpitude : Crimes involving moral turpitude include actions that contravene community standards of justice or good morals. Such crimes can result in visa denials, as they may portray individuals as undesirable to the U.S.

Multiple Misdemeanor Convictions : Having several misdemeanor convictions can also raise red flags during the visa process. While individual misdemeanors may not always result in denial, a pattern of misdemeanors can suggest a disregard for law and order.

Immigration Violations : Prior immigration violations, such as overstaying a visa or entering the U.S. illegally, compromise future travel to America. These violations often lead to bans or complications in obtaining a new visa.

In conclusion, various serious criminal records can affect travel to America. Each case is evaluated individually, and consulates often exercise discretion in determining entry eligibility. Travelers should thoroughly understand immigration laws and consult legal advice if necessary.

How Does Your Criminal Record Affect Your Visa Application for America?

Having a criminal record can significantly affect your visa application for America. U.S. immigration laws evaluate the criminal history of applicants to determine their eligibility. Certain crimes can lead to visa denial based on severity or classification.

First, identify your criminal record’s details. This includes the nature of the offense, the time elapsed since the conviction, and whether it involved moral turpitude or violence.

Next, understand the visa type you are applying for. Each visa category has different criteria. For example, tourist visas may have leniency compared to work visas regarding criminal history.

Then, review the waiver options that may be available to you. In some cases, applicants with certain convictions can apply for a waiver, which, if granted, allows them to proceed despite their record.

Finally, gather supporting documentation. This may include court records, letters of rehabilitation, and proof of good conduct since the offense. These documents strengthen your case by demonstrating your commitment to lawful behavior.

In summary, your criminal record impacts your visa application based on the crime’s nature, visa category, potential waiver eligibility, and supporting documentation. Each of these components plays a crucial role in the outcome of your application.

What Types of Visas Can You Apply for If You Have a Criminal Record?

Certain types of visas may be available for individuals with a criminal record, but eligibility largely depends on the nature and severity of the offense.

• Waiver of Inadmissibility
• Tourist Visa (B2)
• Employment Visa (H-1B)
• Family-based Visa (IR or F categories)
• Student Visa (F or M categories)

While many may assume a criminal record completely bars entry, legal avenues like waivers can provide options. Understanding the nuances can help individuals make informed decisions.

Waiver of Inadmissibility: A waiver of inadmissibility allows individuals with a criminal record to apply for specific visas, despite their criminal history. This legal process involves demonstrating that their admission to the United States would not harm public safety or national security. The U.S. Citizenship and Immigration Services (USCIS) assesses various factors like rehabilitation and community ties to evaluate the application.

Tourist Visa (B2): A tourist visa, or B2 visa, permits individuals to visit the United States for leisure. Applicants with criminal records may still receive approval; however, this largely depends on the type of crime. Minor offenses might not impact eligibility, while serious felonies can lead to denial. The U.S. Department of State emphasizes that applicants are expected to fully disclose all criminal history during the visa application.

Employment Visa (H-1B): An employment-based visa like the H-1B allows skilled workers to reside in the U.S. Applicants require a job offer from a U.S. employer. Although a criminal record may complicate approval, many employers assess an applicant’s qualifications first. Each case varies, depending on the type of conviction. Legal experts recommend being transparent about any criminal charges when applying.

Family-based Visa (IR or F categories): Family-based visas allow U.S. citizens and lawful permanent residents to sponsor relatives. Individuals with a criminal record can qualify, especially if they seek to reunite with immediate family members. Various categories, such as Immediate Relative (IR) or Family Preference (F), have different requirements. A criminal record may still necessitate additional scrutiny during the admission process.

Student Visa (F or M categories): A student visa enables individuals to pursue education in the U.S. While prior criminal behavior may raise questions, many applicants receive approval, particularly for non-violent offenses. The U.S. government looks at the potential impact on the educational institution’s safety. Transparency about past incidents during the admissions and visa processes is crucial for success.

Individuals with criminal records should consider legal counsel when applying for any visa. Professional guidance can illuminate potential pathways and help navigate the complexities of immigration law.

What Are the Legal Procedures for Travelers with Criminal Records?

Travelers with criminal records must navigate specific legal procedures before attempting to enter foreign countries, including the United States.

The main points regarding legal procedures for travelers with criminal records include:

• Understanding visa requirements.
• Disclosing criminal history in visa applications.
• Seeking rehabilitation or waiver options.
• Consulting with immigration attorneys.
• Checking country-specific entry restrictions.

These points highlight the complexities travelers face, as the regulations differ significantly from one country to another.

Understanding Visa Requirements : Understanding visa requirements is crucial for travelers with criminal records. Many countries have specific application processes for individuals with past convictions. For instance, the United States has strict visa regulations which often disqualify applicants with felonies. Different visa categories may have different rules based on the nature of the offense and the time elapsed since completion of the sentence.

Disclosing Criminal History in Visa Applications : Disclosing criminal history in visa applications is a vital legal procedure. Travelers must often indicate any past convictions. Failing to disclose this information can lead to visa denial or bans. Countries assess criminal records to determine the applicant’s eligibility. Transparency in providing accurate information often increases the chances of a favorable outcome.

Seeking Rehabilitation or Waiver Options : Seeking rehabilitation or waiver options can open doors for travelers with criminal records. Some countries allow individuals to apply for rehabilitation which can help overcome travel restrictions. For example, in the U.S., non-citizens may apply for a waiver to bypass inadmissibility due to a criminal record. Each jurisdiction has its own process and eligibility criteria for such options.

Consulting with Immigration Attorneys : Consulting with immigration attorneys is advisable for navigating complex legal landscapes. Lawyers who specialize in immigration laws can provide valuable insights. They can guide individuals through the application process, offer advice on disclosures, and assist with rehabilitation options. This professional guidance may mitigate risks of missteps during the application process.

Checking Country-Specific Entry Restrictions : Checking country-specific entry restrictions is essential. Many countries maintain different policies regarding entry for individuals with criminal records. Some nations may have lenient approaches, while others enforce strict bans. Each traveler’s situation may warrant different considerations based on their criminal history and the destination’s laws.

Understanding and following these legal procedures is critical for travelers with criminal records. This supports safe and compliant travel planning.

How Can You Obtain a Waiver for Your Criminal Record When Traveling to America?

To obtain a waiver for your criminal record when traveling to America, you must follow a specific process that involves applying for a waiver through U.S. Citizenship and Immigration Services (USCIS) or the Department of State.

The process to secure a waiver consists of several key steps:

Determine Eligibility : Individuals with certain criminal records may need a waiver to enter the U.S. This includes those convicted of serious offenses, such as felonies. A prior conviction can make you ineligible for a visa or entry under the Visa Waiver Program (VWP).

Choose the Correct Waiver Application : The type of waiver you need depends on your specific circumstances. For example: – I-601 Waiver : This waiver is for those applying for a visa who have criminal records that make them inadmissible. – I-192 Waiver : This applies for individuals seeking to enter the U.S. under the Nonimmigrant program but who have inadmissible criminal records.

Prepare Documentation : You must gather supporting documents that justify your need for a waiver. This includes: – A copy of your criminal record. – Evidence of rehabilitation, such as letters from employers or community leaders. – Personal statements explaining the circumstances of your offense and why you seek a waiver.

Submit the Application : After completing the necessary forms and gathering documentation, you can submit the waiver application to the appropriate agency. Ensure that you pay the required fees, which can vary based on the type of waiver.

Attend Interviews if Required : In some cases, you may be required to attend an interview at a U.S. embassy or consulate. During this interview, you will present your case for why a waiver should be granted.

Await Decision : After submission, it may take several months to receive a decision. The processing time can vary based on several factors, including the complexity of your case and the caseload of the reviewing agency.

Consider Legal Assistance : Consulting with an immigration attorney can significantly influence the outcome. Legal professionals can provide guidance, help prepare your documents, and advocate on your behalf.

Following these steps thoroughly can increase your chances of obtaining a waiver for your criminal record when traveling to America. Maintaining open communication with the agencies involved and promptly responding to any requests for additional information will also enhance your chances of success.

What Information Should You Disclose About Your Criminal Record on Visa Applications?

When applying for a visa, disclosing your criminal record involves honesty and specificity based on the severity of the offense.

Key points regarding what to disclose include: 1. Felony convictions 2. Misdemeanor convictions 3. Pending criminal charges 4. Arrests without convictions 5. Expunged records

Understanding how to navigate these disclosures is crucial for a successful visa application.

Felony Convictions : Felony convictions represent serious crimes that generally result in harsher penalties. Visa applications often require disclosure of any felony convictions, as these can impact an applicant’s eligibility. The U.S. Department of State highlights that felonies, such as drug trafficking or violent crimes, can lead to visa denial. Failure to disclose this information can result in severe consequences, including a ban on re-entry.

Misdemeanor Convictions : Misdemeanor convictions involve less serious offenses, such as petty theft or minor drug possession. Some visa applications may not require disclosure of misdemeanors, but applicants should err on the side of caution and consult relevant guidelines. The U.S. Citizenship and Immigration Services states that knowing the specifics of these convictions is vital for the integrity of the application process.

Pending Criminal Charges : Pending charges represent accusations not yet resolved through the legal system. Visa applicants should disclose pending charges as they reflect ongoing legal issues. Non-disclosure may lead to complications in the application process. Immigration attorney Sarah Johnson advises that transparency about these matters can help establish credibility with immigration officials.

Arrests Without Convictions : Arrests without convictions can still be relevant for visa applications. While these do not imply guilt, they may be seen as potential red flags. According to the American Immigration Council, many visa applicants face scrutiny based on their entire criminal history, regardless of conviction status.

Expunged Records : Expunged records involve prior convictions that have been legally erased from an individual’s record. Generally, these do not require disclosure on visa applications. However, it’s crucial for applicants to verify how expungement laws apply in their specific circumstances, as different jurisdictions have varying stipulations.

Disclosing your criminal record accurately is essential for a smooth visa application process. Understanding the implications of each type of record can help applicants make informed decisions and avoid pitfalls.

How Do U.S. Immigration Authorities Evaluate Criminal Records During Entry?

U.S. immigration authorities evaluate criminal records during entry by reviewing information from multiple databases, assessing the nature and severity of offenses, and determining potential impacts on eligibility for entry.

The evaluation process involves several key steps:

Database checks: Immigration authorities access national databases, such as the FBI’s Criminal Justice Information Services (CJIS), to retrieve criminal history records. This information assists in identifying past offenses.

Types of offenses: Authorities consider the types of criminal offenses. Violent crimes, drug trafficking, and sexual offenses usually lead to stricter scrutiny. Non-violent offenses may not have the same impact on entry eligibility.

Severity of the offense: The seriousness of an offense plays a crucial role. Felonies often raise greater concerns compared to misdemeanors. A felony conviction can significantly affect a person’s ability to enter the U.S.

Recency of the record: Recent criminal activity is typically viewed more negatively than older offenses. Immigration authorities may prioritize recent offenses in their evaluations, particularly those occurring within the last five years.

Rehabilitation: Evidence of rehabilitation may positively influence the evaluation. Applicants who have completed a sentence, undertaken counseling, or engaged in community service demonstrate efforts to reintegrate into society.

Waivers: Some individuals may be eligible for waivers. A waiver allows certain individuals with criminal records to request permission for entry despite their past offenses. However, eligibility for a waiver depends on various factors, such as the type of offense and its severity.

Document verification: Applicants must provide accurate documentation regarding their criminal history. Misrepresentation or failure to disclose offenses can lead to serious consequences including denial of entry or future immigration benefits.

These evaluation procedures ensure that U.S. immigration authorities thoroughly assess criminal records, balancing law enforcement concerns with the rights of individuals seeking to enter the country.

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