Can You Get a Visa to the U.S. If You Have Committed a Crime?

A criminal history can complicate the process of obtaining a U.S. visa, but it doesn’t always make it impossible. Whether you’re eligible depends on the nature of the crime and whether it renders you inadmissible under U.S. immigration law. The good news is that many inadmissibility issues can be addressed through waivers, particularly for non-immigrant visas.

This article explores what it means to be inadmissible, when waivers might apply, and how you can still obtain a visa despite a criminal history.

Certain crimes can make an individual inadmissible, meaning they are barred from entering the U.S. without first obtaining a waiver. Common crimes that may lead to inadmissibility include:

• Drug Offenses: Even severe drug convictions can trigger inadmissibility.
• Crimes Involving Moral Turpitude (CIMT): These include crimes such as theft, fraud, or certain violent offenses.
• Multiple Criminal Convictions: If you have two or more convictions with combined sentences exceeding five years.

Yes, even if you are inadmissible due to a criminal conviction, you may still be eligible for a U.S. visa by applying for a waiver of inadmissibility.

For non-immigrant visas (e.g., tourist visas, work visas):

• Everything Is Waivable: Unlike immigrant visas, almost all grounds of inadmissibility for non-immigrant visas can be addressed through a waiver.
• Factors Considered for Waivers:
  • The severity and nature of the crime.
  • The time that has passed since the conviction.
  • Evidence of rehabilitation, such as letters of support or proof of good conduct.
  • The purpose of your visit and its benefit to the U.S.

When applying for a visa with a criminal history:

1. Be Transparent: Fully disclose your criminal history on your visa application.
2. Submit Evidence: Provide documentation to explain the circumstances of the crime, evidence of rehabilitation, and reasons why your visit benefits the U.S.
3. Highlight Positive Contributions: Emphasize factors such as:
   • How long ago the crime occurred.
   • Steps you’ve taken to rehabilitate yourself.
   • The purpose of your trip and its value to the U.S.

• Approval Is Not Guaranteed: While waivers make it possible to overcome inadmissibility, approval is at the discretion of U.S. immigration authorities.
• Work With an Experienced Attorney: Navigating waiver applications can be complex. A qualified immigration attorney can help present a strong case for your eligibility.

Committing a crime doesn’t necessarily mean you’re ineligible for a U.S. visa. By applying for a waiver of inadmissibility and demonstrating rehabilitation, many applicants with criminal histories can still obtain a visa.

At Scott Legal, P.C., we specialize in helping individuals overcome immigration challenges, including applying for waivers. Contact us today to schedule a consultation and explore your options.