A criminal record will, generally, require a waiver of ineligibility into the United States to travel or relocate to the USA. If you have been charged, arrested or convicted of a crime you are required to apply for a B1/B2 visa to visit the United States for business or pleasure, with few exceptions.
At the interview, a US embassy official will consider whether you pose a danger of replicating the offense(s) or others in the United States if granted a B1/b2 visa. Thus, the officer is required to consider whether the visa applicant poses a danger to the American public, welfare, property or safety if allowed into the United States on a US visa.
Factors Considered for B1/B2 Visa Approval with a Criminal Record
There are various factors the officer may take into consideration when assessing a B1/B2 visa application with a criminal record, including:
- The age of the applicant when the offence was committed
- The number of offences
- The seriousness of the offences
- The amount of time that has elapsed between the offense and the completion of attached punishments in proximity to the timing of the visa application
- The applicant’s reasons for committing the offence(s)
- The rehabilitation of the applicant
The visa applicant is required to take a police certificate to the US embassy providing details of the offence(s) in question. Therefore, the interviewing officer would be weighing the content contained within the police certificate alongside the factors outlined above. If the factors taken into consideration align favourably in persuasive value, the officer would be more inclined to approve the visa.
Overcoming Section 214(b) Denials in B1/B2 Visa Applications
In applying for a B1/B2 US visa, it is important to substantiate the application with evidence establishing a temporary intent to visit the United States. Many US visas are denied primarily as a result of a failure to satisfy section 214(b) of the Immigration and Nationality Act. It requires applicants applying for a B1/B2 visa to show that they maintain strong ties outside of the USA that would motivate an exit from the country upon the conclusion of the proposed States-side visit. It is designed to ensure that travellers purporting to visit the United States temporarily in compliance with the B1/B2 visa duration do not pose a risk of staying longer or permanently. Thus, it is essential to substantiate employment/business, residential, family, socio-economic and any other valuable tie to one’s country of residence. This is to persuade the US embassy that the applicant has strong motivation to leave the US once the authorised duration attached to the visa has ended.
Applicants seeking this genre of US visa should ensure that they augment evidence that shows them in a positive light where the offence(s) is concerned, where practicable. They should, equally, ensure that they are able to establish that they have strong ties to their country of residence (and elsewhere, if applicable) – outside of the USA.