Criminal Records, Can I Still Apply for the U.S. Visa?

You can apply for a visa to travel to the United States even if you have criminal records, but approval is not guaranteed. Whether you are applying for a non-immigrant or immigrant visa, the Consular Officer will decide what your next step will be.

For example, if you apply for a tourist visa, when you arrive at the Embassy or Consulate for your interview, the Consular Officer will take your biometric information, including your fingerprints, signature, and photo.

Then, they will proceed to check your criminal records, as USCIS wants to know if you have any criminal history. At this point, the situation becomes complicated. It's uncertain what type of minor offense could disqualify you from obtaining a U.S. visa. Ultimately, the Consular Officer will determine if you are eligible for a waiver of inadmissibility for your criminal conviction.

Inadmissibility is a relative qualification, as having criminal records means you had a conviction or charge for a specific action. However, a conviction remains a legal transgression even if it's not in your criminal records.

This includes cases where you have been found guilty or have pled guilty to a crime. Even if you don't have criminal records in your country of residence or in the United States, a legal transgression could be a reason for USCIS to reconsider your application.

There are three types of offenses that can decrease your chances of getting approval for a U.S. visa.

Mainly, homicide, human trafficking, sexual abuse, and drug trafficking. If you have any of these criminal records, it could categorize your application as inadmissible, potentially nullifying the possibility of entering the United States.

If you have been caught with more than 30 grams of illegal drugs, it's not well-received in your visa application, and the consular officer might reject it, considering you a threat to U.S. citizens as well as lawful permanent residents. If you were caught with less than 30 grams of illegal drugs, the consular officer might approve your visa or suggest that you apply for a waiver of inadmissibility.

This type of offense is subjective. USCIS considers crimes of moral turpitude to include rape and fraud with convictions.

In other words, these records don't put you in a favorable situation. You can make the application, but there are no chances of approval in your favor.

If you have committed a minor or a major offense, be prepared for rejection. There are cases where you are given the opportunity to apply for a waiver of inadmissibility due to relevant reasons.

If you need to visit a sick parent or relative, or if you need medical treatment, the consular officer could guide you to apply for a waiver.

If entry to the United States is permitted, your stay would be limited. If you wish to apply for a Green Card, your records must be favorable. And this depends once again on the Customs and Border Protection Admissibility Review Office to review your waiver application and determine if you could pose a security risk while in the United States territory.

If You Lie, the Consular Officer Will Know

If you try to deceive the consular officer, the background check will determine your eligibility for the visa. Many countries maintain their citizens' records in public databases.

Keep in mind that law enforcement databases are public, even if citizens are not aware of it.

Therefore, it is suggested to always keep your visa application honest, at all times. If you have a criminal conviction, explain why during the interview. Don't lose all hope. On the other hand, if you need more guidance, you can rely on our consultants, who will assist you throughout this process.

You can apply for a visa to travel to the United States even if you have criminal records. Learn about how criminal records can affect your visa application and what steps you can take.

After you've filled the application, our expert team reviews your entries to maximize your chance of success before submission. Or if you want to avoid our online application, you can speak with our professionals who can fill your application while they are on the phone with you.

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My-Visa-USA is not affiliated with any United States government agency and does not represent any government entity, embassies, or consulates. Our services include advice and assistance throughout the visa application, immigration, or citizenship process. However, the final decision on the visa application is made by the Consular Officer of the United States Embassy or Consulate.

Our company specializes in consultancy for obtaining US visas. We provide support services and handle the paperwork on your behalf. In addition, we have experts dedicated to each step of the process to increase your chances of approval for the US visa.

No, although we have the experience of several immigration lawyers with whom we work, we do not offer legal services. We only provide you with digital tools and proven expertise to increase your chances of acquiring the US visa. If you need legal advice, we can put you in touch with one of our associated lawyers.

The duration depends on several factors, including the capacity of the United States Embassy or Consulate in your country.

The fee required by the United States government is paid whether the visa is accepted or not, and it is non-refundable. Our advice aims to increase the likelihood of your visa being approved.

If there is not enough time for you to be granted a visa, or if you prefer not to apply for one, it is preferable that your company changes the route and chooses one that does not go through the United States.

The possibility of obtaining a visa more quickly depends on: 1. The need to travel due to the death of an immediate relative or serious illness, 2. You or a minor child requiring urgent medical treatment, 3. Attending an urgent business meeting, 4. Making an unexpected visit for various reasons. To learn about other cases in which you may be able to travel more quickly, start the visa application process, or request more information, do not hesitate to contact us.

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