Additional Administrative Processing : Criminal Convictions

Under United States visa law, people who have been arrested at anytime are required to declare the arrest when applying for a visa. If the arrest resulted in a conviction, the individual may be permanently ineligible to receive a visa. In order to travel, a waiver of the permanent ineligibility is required. The Rehabilitation of Offenders Act does not apply to United States visa law. Therefore, even travelers with a spent conviction are required to declare the arrest and/or conviction.

Documents relating to your arrest and/or conviction

Applicants applying for visas at the U.S. Embassy in London or the Consulate in Belfast are required to furnish a police certificate from the Association of Chief Police Officers (ACPO) issued within 6 months of the date of the visa interview. Information on obtaining the police certificate is available from the ACPO website.

This police certificate covers the whole of the United Kingdom of Great Britain and Northern Ireland and is sent to the address provided at the time of the application.

Applicants who have, or have applied for, a Subject Access Statement

If you have applied for, or are in possession of a Subject Access Statement, and you will appear for a visa interview before August 15, 2008, the Nonimmigrant Visa Section will accept this Statement, provided it was issued within 6 months of the date of the visa interview. Applicants appearing for interviews on or after August 15 will be required to furnish the new style police certificate from the ACPO.

Drink Related Offenses

Applicants who have been arrested and/or convicted of a drink related offense may be referred to the Embassy's panel physician for evaluation. You will be advised further on the day of the interview. As we cannot pre-adjudicate a visa application, we are unable to provide further guidance until you formally apply for the visa, at which time you will be given the opportunity to discuss your application with a Consular Officer.

What if I was convicted in the United States?

If you were arrested and/or convicted of an offense in the United States, you are required to obtain a court record from the court(s) in which you were tried. Such court records must show the nature of the offense(s) committed, the section(s) of law contravened and the actual penalty imposed. . If the arrest did not result in a conviction, you may submit with your application the documents relating to the arrest. If you are no longer in possession of these documents, you may submit a sworn statement which gives the reason and location of the arrest, state and county. If you do not know the address of the court, the information is available from the internet at http://www.uscourts.gov/links.html . Applicants are also required to obtain a police certificate from the ACPO issued within 6 months of the visa interview.

What if I was convicted in a country other than the United States or the United Kingdom?

If you were arrested and/or convicted of an offense, you are required to obtain a court record from the court(s) in which you were tried. Such court records must show the nature of the offense(s) committed, the section(s) of law contravened and the actual penalty imposed. If the arrest did not result in a conviction, you may submit with your application the documents relating to the arrest. If you are no longer in possession of these documents, you may submit a sworn statement which gives reason and location of the arrest, state and county. Applicants are also required to obtain a police certificate from the ACPO issued within 6 months of the visa interview.

Applying for the visa

You are required to schedule an appointment for an interview with a U.S. Consular Officer.

Applicants applying for visas in London are required to request an appointment with the Visa Coordination Officer to allow sufficient time for their case to be reviewed, as their application will be subject to greater scrutiny. Applicants with criminal histories who do not request an appoitment with the Visa Coordination Officer may be required to return to the Embassy at a later date if there is insufficient time to evaluate their case.

When applying for a visa you are required to submit with your application the following additional documents:

• a completed personal data sheet, Form VCU1 (PDF 64Kb);
• A police certificate from the ACPO issued less than 6 months before your visa interview;
• copies of the court record(s) covering all charges of which you have been convicted, or which are presently pending against you, if relevant.

What if I'm found ineligible?

If the conviction(s) results in the applicant being found permanently ineligible to receive a visa, it will mean a lifetime exclusion from the United States unless he or she obtains a waiver of the permanent ineligibility from the United States Department of Homeland Security Customs and Border Protection (DHSCBP). The granting of a waiver is not automatic and is based on several factors, including nature of the crime committed, sentence served and the period of time which has elapsed since the conviction.

If a favorable recommendation is made to DHSCBP for a waiver of the permanent ineligibility, the application will take a minimum of eight weeks to process; some applications may take longer.

Please note: Delays in processing can and will occur. The processing times quoted are approximate and cannot be guaranteed. It is important that you keep this in mind when applying for the visa. It will not be possible to expedite a case simply because an applicant has not allowed sufficient time for the application to be processed.

Reminder: Applicants should apply for visas well before the anticipated date of travel. No assurances regarding the issuance of visas can be given in advance. Therefore, final travel plans or the purchase of nonrefundable tickets should not be made until a visa has been issued.

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