Can You Move to America With a Criminal Record?
This may seem like an impossible feat, but there are options available for Moving to the US With A Criminal Record.
Below are a few of the most common questions we receive when it comes to migrating with a criminal record.
Here at Worldwide Migration Partners we believe that everyone should have the opportunity to live in another country.
If you would like to know what your options are, contact us today to see how we can help!
I have an Australian "Section 10 – No Conviction Recorded", can I travel to the US on an ESTA?
This depends on what the arrest was for.
It's important to remember that even with a “No Conviction Recorded” finding, this is still considered a conviction for US immigration purposes. This must be disclosed on any visa application as well as in some instances on the ESTA registration.
Generally, a drug possession charge or admission will make you inadmissible to the US, and you may not use the visa waiver program for travel.
If I am inadmissible to the US, does this mean I will never be able to visit the US?
Not necessarily. Depending on what your conviction is for, there may be waivers of inadmissibility available that you can apply for.
If I have "No Conviction Recorded", how can US immigration know that I had an arrest?
Trust us, the US government has extensive networks of security checks.
If you lie on a visa form or an ESTA application, this can have a permanent effect on your travel to the US.
If you have ever been arrested, it's best to get the advice from one of our experienced US attorneys.
This area of US immigration law is very complex and how you present your past criminal records may have a serious impact on your future travel to the US.
If you've got questions or would like to talk to a Migration Specialist, get in touch and let's see if we can help you with Moving Overseas With A Criminal Record.
About The Author
Melissa Vincenty is a U.S. Attorney, a registered Australian Migration Agent and the founder and managing director of Worldwide Migration Partners. Melissa has over 25 years of experience in U.S. Immigration Law, including practising at the world’s largest U.S. Immigration Firm and more than 15 years as a Country Specialist (China and Tibet) for Amnesty International USA.
Disclaimer: The information in this article is general in nature, may not, and is not intended to constitute the most up-to-date legal or other information, and is for general informational purposes only. It does not represent legal advice specific to any individual/s situation, and should not be relied on as such. Please contact us to schedule a consultation for legal advice specific to individual circumstances.