If you have a criminal record, then you will probably know that you may have difficulties in travelling to, or settling, in the United States of America (USA).

The US is very strict about the information they need to know about, even when travelling on a short term ESTA. The ESTA form asks the following questions:

Have you ever been arrested or convicted for a crime that resulted in serious damage to property, or serious harm to another person or government authority? Have you ever violated any law related to possessing, using, or distributing illegal drugs?

These questions are fairly broad and vague – and deliberately so. The US Embassy’s website expressly states that anyone who has been arrested, cautioned or convicted, should not travel on an ESTA:

We cannot advise whether a traveler’s specific situation will have a bearing on their eligibility to travel visa free under the Visa Waiver Program. Our advice is that if you have ever been arrested, cautioned or convicted you apply for a visa.


United States Visa & Green Card Applications with a Criminal Record

If you have a criminal record and wish to apply for a migrant Visa or Green Card (citizenship) to the United States, then depending on the type of criminal record you have, you may be deemed automatically ineligible.

If you are deemed to be automatically ineligible, depending on the type of visa and the criminal record you have, you may be able to apply for a “waiver of ineligibility“.

US Immigration Attorney and UK Criminal Lawyer

We have a close association with expert US immigration attorneys. We collaborate to ensure our clients stand the best chance of obtaining a US Visa or Green Card.

With our knowledge of UK criminal records and deletion law and procedure, and with our colleagues’ expertise in US immigration law, we are able to provide the best possible representation to anyone with a criminal record looking to live or travel to the United States

If you have a police record, we will explore the possibly of having your record deleted. We have extensive experience of deleting police records.

If your record can not be deleted, for example because you have convictions (as opposed to a caution or arrest record), we are often requested by our US based colleagues to uncover evidence that will support a US immigration application.

If you have any issues with respect to obtaining a United States Visa or Green Card related to a  criminal record, then please get in touch.