How to Apply for a US Visa After a Criminal Conviction

This article was last updated and fact checked on October 21, 2024 by Mani Karthik.

So, you’ve got a bit of a past, and now you’re wondering if that will stop you from getting a US visa.

Maybe it’s a minor conviction, or maybe it’s a bit more serious—either way, it’s important to know that having a criminal record doesn’t necessarily bar you from getting a US visa.

But there are definitely some hurdles to overcome.

Let’s break down how the process works, what you need to be aware of, and how you can put your best foot forward when applying for a US visa after a criminal conviction.

1. Does Your Conviction Make You Ineligible?

Not all criminal convictions will stop you from getting a US visa. However, certain crimes can make you inadmissible, meaning the US government may deny your visa. The crimes that typically cause issues include:

• Crimes involving moral turpitude (fraud, theft, assault, etc.)
• Drug-related offenses
• Multiple convictions resulting in a total sentence of five years or more

If you have a conviction that falls under one of these categories, it doesn’t mean you’re completely out of luck, but the process to get a visa will be more complicated.

Tip: If you’re unsure about your eligibility, it’s always best to consult with an immigration attorney before you apply.

2. Understanding the Legal Terminology

The term “moral turpitude” can be confusing, but it basically refers to crimes that show a disregard for social values or a lack of morality—think theft, fraud, or violence.

On the other hand, some minor offenses, like traffic violations or simple misdemeanors, may not count against you.

3. What Happens During the Visa Process?

When you apply for a US visa, you’ll need to disclose your criminal history.

It’s essential to be completely honest because the US government will likely find out through background checks. If you try to hide your conviction, that could lead to an automatic denial.

Here’s how the process typically goes:

• Step 1: Complete your visa application (Form DS-160) and disclose your criminal record.
• Step 2: Schedule a visa interview at the US embassy or consulate.
• Step 3: During the interview, the consular officer will ask about your criminal history and may request additional documentation, like court records or police certificates.
• Step 4: The consular officer will review your case and decide if your conviction makes you ineligible for a visa.

Tip: Honesty is your best policy. Always disclose everything because failing to do so can lead to a permanent visa denial.

4. Can You Get a Waiver of Inadmissibility?

If your conviction makes you inadmissible, you may still be able to get a visa by applying for a waiver of inadmissibility. This is essentially a way of asking the US government to forgive your past crimes and allow you to enter the country.

To apply for a waiver, you’ll need to:

• Show that your crime wasn’t serious, or that it happened a long time ago.
• Provide evidence that you’ve rehabilitated yourself (such as letters of recommendation or proof of community service).
• Prove that your entry into the US wouldn’t be harmful to the country.

The process for obtaining a waiver can be complex, and approval isn’t guaranteed. However, if you’re successful, you could still get a US visa despite your conviction.

Tip: Waivers are often granted on a case-by-case basis, so it’s worth consulting with a legal expert to increase your chances of success.

5. How Serious is Your Conviction?

One of the biggest factors in determining whether or not you’ll be granted a US visa is the severity of your crime.

For example, if your conviction was for something minor, like shoplifting, you may have a much better chance than someone with a conviction for a violent crime or drug trafficking.

The US government looks at:

• The type of crime committed.
• When the crime occurred (the further back, the better).
• The punishment you received.

Tip: If your crime was minor and occurred years ago, you might have an easier time getting approved than someone with a recent, serious offense.

6. What if Your Conviction Was Expunged?

If your conviction was expunged (meaning it was removed from your criminal record), you might think that you don’t need to disclose it on your visa application.

Unfortunately, that’s not the case when applying for a US visa.

You must still disclose expunged convictions during the visa process.

Failing to disclose an expunged conviction could result in a permanent ban from entering the US.

Tip: Expunged records can still be found by immigration authorities, so it’s always better to disclose everything upfront.

7. Getting Help From an Immigration Attorney

The US immigration system can be challenging to navigate, especially when there’s a criminal record involved.

That’s why it’s a good idea to work with an immigration attorney who can guide you through the process and help you prepare the necessary documentation.

An attorney can:

• Review your criminal history to determine if you’re inadmissible.
• Help you apply for a waiver if necessary.
• Represent you if your case goes to immigration court.

Tip: Immigration attorneys can often identify potential roadblocks in your application and help you address them before it’s too late.

8. Final Thoughts: Don’t Lose Hope

Applying for a US visa after a criminal conviction isn’t easy, but it’s not impossible either.

As long as you’re honest about your history, gather the right documents, and follow the correct procedures, you still have a chance of getting approved.

Remember, every case is unique, and what works for one person may not work for another. But with the right preparation and help from legal experts, your chances of success can improve significantly.

Tip: Don’t give up hope—many people with past convictions have successfully obtained US visas and made their way to the US.

Conclusion

Applying for a US visa with a criminal conviction can feel daunting, but it’s not the end of the road.

The key is to be honest, seek legal advice, and understand the specific nature of your conviction and how it affects your chances.

With a waiver, a solid case, and time to demonstrate rehabilitation, many people have successfully secured their visas despite their criminal history.

Don’t let a past mistake stop you from pursuing your dreams—there are options available to you!