Can I visit the USA with a criminal record? How to enter Australia with a criminal record? Can I enter the United States on a tourist visa? Can I apply for an ETA visa with a criminal record?
Not all crimes automatically result in visa ineligibility.
For example, a misdemeanor drunk driving conviction is not a criminal visa ineligibility (although it might result in a medical ineligibility for alcoholism plus dangerous behavior.) Theft crimes, drug crimes, crimes against others (like assault) or crimes against the government (like tax fraud) will usually result in visa ineligibility. Although you can read the statutory section yourself, inadmissibility can be hard to figure out. You might not even be able to tell that your criminal convictionmakes you inadmissible until the U. This is called the “sentencing exception. If the sentencing exception does not apply, a foreign national might be eligible for a waiver of i. See full list on alllaw.
You will be required to provide your fingerprints as part of the visa application process. These will be checked against thousands of law enforcement databases, including all U.
These records are now publicly available in an increasing number of countries. Lying about your record , or otherwise trying to conceal the information, can result in a permanent visa ineligibility based on misrepresentation. In order to get a waiver, you must first meet all the requirements of the visa , regardless of your criminal record.
For example, to qualify for a tourist visa , the consular officer must be convinced you will return to your home country at the end of your permitted stay. If you meet all the standard visa requirements, the consular officer must then decide whether to recommend the waiver. The consular officer will also consider the purpose of your travel and the U. For example, if were convicted ten years ago for possessing a small amount of marijuana, have a strong financial situation, and have never had any other convictions, you would likely be a good candidate for a waiver recommendation. If the consular officer recommends the waiver, the request is forwarded to the Customs and Border Protection Admissibility Review Office (ARO). There is no separate application process for a 212(d)(3) waiver related to a visitor visa.
After your visa interview, if the consular officer is recommending the waiver, the consular officer will forward the request to the ARO electronically. If you know that you have a criminal record , it might be helpful to locate your court documents ahead of time, and check the U. The ARO makes the final determination on your application. If the ARO approves your application, it will return the notice of approval to the U. If the ARO denies your waiver application, it does not mean that you will never be able to receive a U. If you apply for a visa in the future, a new waiver request can be sent and the ARO will review your new wai. However, this is not to say it is impossible.
More often than not the criminal record itself is not the actual obstacle to getting a visa or an ESTA, as everything depends on whether or not you were convicted.
Travelers going to Europe with a criminal record for a holiday are currently not asked about minor offenses, especially upon entry to any of the countires in the Schengen passport-free zone. Travelers with more serious offenses may face problems entering the Schengen Area ETIAS countries for short stays. This may be in the form of a questionnaire (like with the Indian eVisa application ) or by asking to submit evidence of their criminal record like police certificates. Countries don’t usually ask other nations access to criminal information for tourist visa applications. They rely on the applicant to provide official documents from their home country if necessary.
Travelers who don’t meet the character requirements or pass the Australia criminal record check may still apply for the Australia visitor visa through an Australian embassy. I’m applying for a visa to visit Abuja next month and I’m also worried about my arrest (years ago) preventing me from getting my Visa. Only their staff will be able to determine your eligibility and grant a US visa. Australia ETA: Criminal Convictions (eVisitor Visa) Individuals who wish to travel to Australia – with a criminal record – will not be able to apply for an Australia ETA (eVisitor) visa , which completed online. We do not recommend that travelers who have been arreste even if the arrest did not result in a criminal conviction, have a criminal recor certain serious communicable illness, have been refused admission into, or have been deported from, the United States, or have previously overstayed under the terms of the Visa Waiver Program , attempt to travel visa free under the Visa Waiver Program.
Whether you arrive in Mexico and complete a FMM (visitor permit)or have visa sticker in your passport issued by a Mexican consulate, permission to enter Mexico is always determined by the Immigration Officer at the port of entry. Many visa applications inquire about your criminal record. Countries which ask about your criminal past on visa applications include: China, Japan, Australia and Fiji. Anyone with a criminal record trying to enter Canada, for example, on a Canada visa , may find that their former criminal offenses can be a problem.
The Embassy of the People’s Republic of China does not expressively forbid entry to individuals with felony convictions. For US citizens, that means an FBI report. If you have a felony conviction, you may be denied entry to these countries.