Completing a U.S. Work Visa Application With a Criminal Record

A criminal record can deem anyone applying for a U.S. work visa inadmissible into the United States, but depending on the crime, that person might still be able to request that the U.S. government waive such record for the purpose of getting lawful employment in the U.S.

If a job opens up in the U.S. and there is an employer who is willing to help a foreigner obtain a nonimmigrant visa for temporary employment and the foreigner has a criminal record, there is a possibility that the applicant will be inadmissible into the country. This may mean that the applicant may not qualify for a work visa or any other visa or U.S. green card with which to enter the U.S. For many this may hold fast even if there is no formal conviction or even a formal arrest on their record. The good news is that an immigration attorney can help with a U.S. visa application process as well as providing sound advice long before even applying.

How Will You Know If You are Inadmissible to the U.S.

Crimes that can cause inadmissibility into the U.S. visa are countless. Due to the firm U.S. immigration laws even activity such as the use of marijuana or petty theft can cause red flags in a visa application. Talk to an immigration attorney if you are uncertain about your criminal record.

I am Inadmissible, What Happens Next?

An applicant that suspects he or she is going to be found inadmissible, or if a U.S. Consulate or Embassy or other immigration officers finds someone inadmissible, they might be able to request a nonimmigrant waiver of inadmissibility. This is known as a 212(d)(3) nonimmigrant waiver. However, several crimes do not merit a waiver and in this instance may deem an applicant ineligible for a waiver or a work visa.

Crimes That are Unable to Be Waived

Innumerable factors determine whether or not a criminal record or history can be overcome, such as the nature of the crime, the number of occurrences, and the amount of time a person was incarcerated. To begin with, crimes that may not warrant a waiver are:

  • A conviction for an offense involving drugs, in some special cases a single offense of possession of less than 30 grams of marijuana.
  • An attempt or conspiracy to commit murder or a criminal act involving torture or
  • Providing misinformation in a visa application made to USCIS.

It is important that any foreigner who may be facing criminal procedures in a court of law must talk to an immigration lawyer to see how best they can avoid getting a conviction that will bar them from entering the U.S.

When is Best to Speak with an Immigration Attorney

The moment you find that a criminal record could hinder applying for a U.S. work visa, find your nearest immigration legal representative to advise you. Connect with Gambacorta Law Office today at 847 443 9303.