Can I get a Visa to USA if I have a Criminal Record?

A frequently asked question is whether a criminal conviction will result in the denial of a United States travel visa application. The answer is that a criminal conviction does not automatically disqualify you from traveling to the United States, as long as you meet the requirements for the Electronic System for Travel Authorisation (ESTA).

What is ESTA?

The ESTA program was established by the United States Department of Homeland Security to streamline the screening process for travelers entering the United States.

It is important to understand that ESTA is a key requirement for the Visa Waiver Program. If an applicant’s ESTA is approved, they do not need to apply for a visa at a United States Embassy.

An online application can be made by an applicant for travel approval to the United States under the ESTA program if the applicant:

• holds a valid passport from an eligible country (this includes an Australian passport);
• will be in the Unites States for 90 days or less;
• is travelling for business or leisure purposes; and
• is not in possession of a visitor’s visa.

A full list of ‘eligible countries’ can be found at the bottom of this article.

The current ESTA application fee is $21 if approved, or $4 if denied. Applications are typically processed within 72 hours, with applicants receiving a decision on whether their travel authorisation is approved, denied, or if additional information is needed.

When applying for ESTA, applicants must provide the following information:

• valid passport details from an eligible country;
• valid email address;
• home address and phone number; and
• emergency contact phone number and email.

Applicants may also choose to provide the following optional details:

• aliases or other names;
• ID numbers;
• global Entry, NEXUS, or SENTRI ID numbers;
• employer’s address and phone number; and
• United States point of contact details (name, address, and phone number).

Additionally, the following questions must be answered:

1. Do you have a communicable disease, physical or mental disorder, or are you a drug abuser or addict?
2. Have you ever been arrested or convicted for an offence or crime involving moral turpitude or a violation related to a controlled substance, or have been arrested or convicted for two or more offences for which the aggregate sentence to confinement was five years or more, or have been a controlled substance trafficker, or are you seeking entry to engage in criminal or immoral activities?
3. Have you ever been or are you now involved in espionage or sabotage, or in terrorist activities, or genocide, or between 1933 and 1945 were you involved, in any way, in persecutions associated with Nazi Germany or its allies?
4. Are you seeking to work in the United States or have you ever been excluded and deported, or been previously removed from the United States or procured or attempted to procure a visa or entry into the United States by fraud or misrepresentation?
5. Have you ever detained, retained or withheld custody of a child from a United States citizen granted custody of the child?
6. Have you ever been denied a United States visa or entry into the United States or had a United States visa cancelled?

Relevant Definitions

The main aim is to ensure that the health, safety and economy of the United States is protected by refusing entry to persons who have a contagious disease / infection, who want to stay for a prologued period or for employment purposes or who pose a physical risk due to drug use or supply, serious criminal conduct, spy activity, terrorism or links to genocide.

Travel authorisation will instantly be approved in writing if the answer to all questions is ‘no’.

However, that approval is ultimately subject to Customs and Border Protection checks and final determinations.

If the answer to any question is ‘yes’, the authorisation will not be approved and further information will be required.

So the answer to the question: Can I get a visa to USA if I have a criminal record? is Yes, provided that you pass the ESTA requirements.

_____________________

Definitions:

‘Communicable diseases’ include: chancroid, gonorrhea, granuloma inguinale, leprosy, infectious lymphogranuloma venereum, infectious stage syphilis and active tuberculosis.

‘Physical or mental disorder’ is defined as when:

1. you currently have a physical or mental disorder and a history of behaviour associated with the disorder that may pose or has posed a threat to your property, safety or welfare or that of others; or
2. you had a physical or mental disorder and a history of behaviour associated with the disorder that has posed a threat to your property, safety or welfare or that of others and the behavior is likely to recur or lead to other harmful behaviour.

Eligible Countries

An ESTA application may be made by applicants from the following countries:

Andorra, Australia, Austria, Belgium, Brunei, Chile, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Israel, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Republic of Malta, Monaco, Netherlands, New Zealand, Norway, Poland, Portugal, San Marino, Singapore, Slovakia, Slovenia, South Korea, Spain, Sweden, Switzerland, Taiwan and United Kingdom.