Applying for a Waiver of Ineligibility to Visit the US After an Arrest, Caution or Conviction
If you need a US B-2 Visitor Visa or B-1 Work Visa, your application may be refused if you have previously been arrested, cautioned or convicted of a criminal offence.
Our US Immigration Lawyers in the UK regularly advise on US visa applications where the applicant has a prior arrest, caution or conviction and can guide you through the Waiver of Ineligibility application procedure.
US Immigration Lawyers in London
For US immigration legal advice call OTS Solicitors on 0203 959 9123 or contact us online.
Appointments are available for phone, Zoom or Team meetings and at our offices in London.
Arrests, cautions and convictions
When applying for a US visa, you must disclose ALL prior arrests, cautions and convictions. It doesn’t matter if:
- The offence occurred years ago when you were a child or is a spent conviction under UK law
- The offence didn’t occur in the US
- The offence occurred in an overseas country where you don’t think accurate arrest records are kept
- You only accepted a caution so you could get out of the police station quickly
- You did not serve time
- You are planning to appeal the conviction or sue for wrongful arrest
- You are only planning to visit the US as a tourist
- The offence wasn’t a violent one
You get the idea – ANY arrest, caution or conviction must be disclosed. The rule applies even if, under UK law, you would not be obliged to tell a new employer about the conviction.
Telling the US authorities about UK arrests, cautions and convictions
If you are applying for a US visa from the UK, you need to provide two documents:
- ACRO police certificate
- VCU1 personal data form
The ACRO certificate must have been issued within six months of the visa interview and the personal data form must be fully completed. Top US Visa Lawyers in London can help with US visa applications and advise on the completion of VCU1. An experienced US immigration attorney will recommend how best to complete this form so you are not minimising any offences but placing them into context.
Returning to the US on a visa after a US arrest or conviction
If you are applying to return to the US after a prior US arrest or conviction, you can't just rely on your UK ACRO police certificate. If you were convicted in the US, you must also provide a court record from the court where you were tried.
The court records must show:
- The nature of the offense(s) committed or pending
- The law you contravened
- The penalty the court imposed on you
You must provide the arrest paperwork if your arrest did not lead to a court case. If you don’t have this document, you need to lodge a sworn statement detailing:
- The reason for the arrest
- The state and county you were arrested in
Our US Visa Lawyers in London are experienced in fully preparing US visa applications, including sworn statements.
Applying for a US visa and offences committed outside the US or UK
You must disclose an arrest while on holiday in Spain, Thailand or anywhere else. This applies even if you don’t think the arrest is relevant to a planned US business trip that will take place ten-plus years after a drunken teenage incident.
The rules for overseas offences are the same for an offence committed in the US, namely you must provide the court record or, if you weren’t convicted, the arrest paperwork (or sworn statement if the document is no longer available).
Applying for a Waiver of Ineligibility
A Waiver of Ineligibility allows a visa applicant who would otherwise fall foul of US immigration rules because of an arrest, caution or conviction to secure a visa.
A Waiver of Ineligibility can be applied for whether you plan to visit Disneyland Florida with the family on a B2 Tourism Visa or need to visit the States on a B1 Visa to attend a business conference or negotiate a commercial contract.
Our London-based US Immigration Lawyers are specialists in preparing Waiver of Ineligibility applications. We will spend time understanding the circumstances of your arrest, caution or conviction and explaining the background to your waiver application. For example, emphasising the one-off nature of the offence and the excellent reference from your current employer who needs you to travel to the US to attend a business conference or for other B2 work-related reasons and explaining why, in your situation, a Waiver of Ineligibility is the appropriate outcome.
OTS Solicitors for help with US visa applications
Getting a US visa after an arrest, caution or conviction takes care, patience and knowledge of both USCIS and the immigration rules.
At OTS Solicitors, we don’t see our job as US Immigration Lawyers in the UK as simply form fillers. We treat every visa and Waiver of Ineligibility application as if it were our own application or for a member of our family. We take the time to understand the circumstances that led to your arrest, caution or conviction and then work out how best to make a compelling application to secure your waiver. We find that our attention to detail and experience in US immigration law help us put together a strong case to help you secure your waiver and visa.
Speak to our Visa Lawyers in London now.
For advice on a Waiver of Ineligibility application, call us for an appointment at our offices in London or for a phone or Zoom consultation.
Our lawyers speak Arabic, Armenian, Farsi, French/Mauritian Creole, Spanish, Tamil Tagalog/Ilonggo, Urdu/Punjabi.
FAQ on US Waiver of Ineligibility applications for prior arrests, cautions and convictions
Does a youth caution count as a caution for a US visa application?
An arrest, caution or conviction as a minor must be disclosed when applying for a US visa. If you do not complete a US visa application honestly, it is a US immigration offence. Dishonesty will result in future visa refusals, even if your original old caution or conviction would not have done so.
Do I need to disclose a prior arrest if I am going to the US on a six-month work secondment?
Many visa applicants think the disclosure rules should be different if they are applying for a temporary Tourist Visa or Work Visa rather than a visa that will enable them to secure a Green Card. The disclosure rules are clear, and failure to disclose could result in visa refusal and an inability to travel to the US.
Are Waiver of Ineligibility only for celebrities?
Some short and long-term visitors to the States think only rock stars get Waivers of Ineligibility, but that’s because they are the applicants the public hears about. If you are worried that your arrest for an offence or conviction will ruin your dreams of visiting the US or moving there to live and work, our US Immigration Lawyers in the UK can advise you on the likely prospects of you securing a waiver.
UK Online and US Visa Lawyers in London
For US immigration legal advice call OTS Solicitors on 0203 959 9123 or contact us online.
Appointments are available at our law offices in London or by phone, Zoom or Team meetings.
Related Posts
E2 Visa Requirements for Investors
US Immigration Lawyers Guide to L1 Visa Executive Eligibility