Getting a US visa often means a chance for a better life for many immigrants. However, some believe their criminal history might deny them this fresh start. Fortunately, it does not necessarily lead to automatic rejection. While it may complicate the case, there are legal options to navigate it.
What is “inadmissibility”?
There are grounds for inadmissibility or reasons someone cannot enter the United States. Certain criminal offenses can potentially interfere with your visa application including:
Aggravated felonies such as drug trafficking, violence and firearms offenses
Crimes involving moral turpitude (CIMT) like theft, fraud and domestic violence
Other offenses such as multiple DUIs and petty thefts
Not just convictions can cause issues. Arrests, including dropped charges and outstanding warrants, can raise concerns for consular officers.
The impact on your application depends on the specific crime and the surrounding circumstances. Questions to consider include:
How severe was the crime?
What was the intent behind it?
When was it committed, and have there been other offenses since?
How old were you when it happened?
More serious offenses can permanently disqualify you from obtaining a visa.
Living and working in the US is still possible
The good news is that all hope is not lost. Suppose your criminal record falls under an inadmissibility category. In that case, you might be eligible for a waiver of inadmissibility, a request to overlook or forgive your past criminal record and grant you legal entry.
Obtaining a waiver, however, often requires strong justification for overcoming the inadmissibility ground. Consulting with an immigration attorney before starting your application can be crucial.The post Criminal record does not lead to automatic visa denial first appeared on David Hirson & Partners, LLP.