Frequently Asked Questions about Past Arrests or Convictions and entry into the USA

Will an arrest affect my entry into the US?

This depends on what you were arrested for and how long ago you were arrested. For example, if you were arrested for a past DUI, depending on the damage to persons and/or property and when the arrest occurred it may affect your entry.

If for example, you were arrested for drug possession, such as personal use of marijuana because this is a controlled substance under Federal Law and US Immigration is under Federal law then this arrest will affect your entry to the US and you should speak to our attorneys to understand the process for your case and whether you will need a waiver. Remember the consulate is not there to give you legal advice, they process visas.

Do I have to tell US Immigration about my past arrest when applying for a visa?

You must always tell the truth for US Immigration purposes. For example when applying for a visa at the consulate on the form filed with the Department of State in advance of your consulate interview asks, “Have you ever been arrested for any offense or crime.” If you have been arrested you must state yes and speak to one of our attorneys to know your legal rights.

Do I have to tell US Immigration about my past arrest when applying for ESTA, Visa Waiver?

You must always tell the truth for US Immigration purposes. For example, when applying for ESTA online the form asks, “Have you ever been arrested for a crime that resulted in serious damage to property or another person” and “have you ever violated any law relating to possessing, using or distributing illegal drugs.” If you have for example ever taken a drug even for personal use such as marijuana that may have been legal wherever took this drug in the US, it is not legal under US Immigration law and an admission of yes to a past arrest may cause a denial of your ESTA application and now you must go to the US embassy for a visa. You should not go to the US consulate without discussing your case with one of our attorneys.

Can I enter the USA if I was arrested previously?

This depends on what you were arrested for and how long ago you were arrested. If you required a waiver and this waiver was approved then yes you can enter the USA even if arrested. Because arrests mean many different things under US Immigration law you should legal counsel to make sure you can enter the US.

Will a past conviction affect my entry to the US?

This depends on what you were convicted for and how long ago you were convicted. For example, if you were convicted for a past DUI, depending on the damage to persons and/or property and when the conviction occurred it may affect your entry. If for example you convicted for drug possession, such as personal use of marijuana because this is a controlled substance under Federal Law and US Immigration is under Federal law, then this conviction will affect your entry to the US and you should speak to our attorneys to understand the process for your case and whether you will need a waiver. Remember the consulate is not there to give you legal advice, they only process visas.

Do I have to tell US Immigration about my past conviction when applying for the ESTA/Visa Waiver?

You must always tell the truth for US Immigration purposes. For example, when applying for ESTA online the form asks, “Have you ever been convicted for a crime that resulted in serious damage to property or another person” and “have you ever violated any law relating to possessing, using or distributing illegal drugs.” If you have for example, ever been convicted for a drug offense even for personal use such as marijuana, this may cause a denial of your ESTA application and now you must go to the US embassy for a visa. You should not go to the US consulate without discussing your case with one of our attorneys.

Can I enter the USA if I was convicted of a crime?

This depends on what you were convicted for and how long ago you were convicted. Typically drug-related convictions affect your entry to the USA. Before you apply for your visa at the US Embassy know your legal rights, if will you need a waiver to overcome the past conviction you must understand the waiver process works.

Will a past arrest prevent me from entering America?

This depends on what you were arrested for and how long ago you were arrested. For example, if you were arrested for a past DUI, depending on the damage to persons and/or property and when the arrest occurred it may affect your entry. If for example you arrested for drug possession, such as personal use of marijuana because this is a controlled substance under Federal Law and US Immigration is under Federal law then this arrest will affect your entry to the US and you should speak to our attorneys to understand the process for your case and whether you will need a waiver. Remember the consulate is not there to give you legal advice, they process visas.

Can I enter America if I was convicted of a crime?

This depends on what you were convicted for and how long ago you were convicted. Typically drug-related convictions affect your entry to the USA. Discuss your case with one of our attorneys to understand the legal information before showing up at an airport and/or US embassy.

Can I get an ESTA, visa waiver with a criminal record?

It is difficult to get an ESTA approved if you admit on the online form that you have a past criminal record. You must always tell the truth, before filing your ESTA and if you are unsure how to answer a question based on your past, we would advise you to discuss your case in confidence with one of our attorneys. If your ESTA is denied then you will be directed to apply for a visa at the consulate, this will be the only way you will now be permitted to enter the USA.

Can I use my existing ESTA, visa waiver with a criminal record?

If subsequent to your ESTA, visa waiver online approval and you are later convicted of a crime you must go back online and re-apply for a new ESTA. For example, if you violated any law relating to the possession, using, or distributing illegal drugs and you use the old ESTA approval that stated no, you had no criminal record; then when questioned at the airport by US immigration officials, you may be accused of misrepresentation under the Immigration statutes/laws. They will deny your entry to the United States, cancel your ESTA and now you must face a consular officer who now knows you have lied on your ESTA. Always discuss your case with our attorneys if your circumstances change.

Can I use my existing ESTA, visa waiver with an arrest?

If subsequent to your ESTA, visa waiver online approval and you are later arrested of a crime you must go back online and re-apply for a new ESTA. For example, if you have been arrested for a crime that resulted in serious damage to property or serious harm to another person and you use the old ESTA approval that stated no, you had no arrests; then when questioned at the airport by US immigration officials, you may be accused of misrepresentation under the Immigration statutes/laws. They will deny your entry to the United States, cancel your ESTA and now you must face a consular officer who now knows you have lied on your ESTA. Always discuss your case with our attorneys if your circumstances change.

I have never been arrested for a drug crime, why was I stopped from entering the USA after speaking to CBP, Immigration officer at the airport?

Even if you have never been arrested for a drug crime; either oral and/or written admissions made to a US Immigration officer in connection with controlled substances (Marijuana, hallucinogenic mushrooms, and many other drugs are controlled substance under federal law) will cause huge issues when trying to enter the USA and you will be denied entry and deemed to be inadmissible to the United States. Always discuss your case with our attorneys.

I have never been convicted for a drug crime, why was I stopped from entering the US after speaking to CBP, Immigration officer at the airport?

Even if you have never been convicted for a drug crime; either oral and/or written admissions made to a US Immigration officer in connection with controlled substances (Marijuana, hallucinogenic mushrooms, and many other drugs are controlled substance under federal law) will cause huge issues when trying to enter the USA and you will be denied entry and deemed to be inadmissible to the United States.

Will I be stopped from entering America if I tell the immigration officer at the airport I took a drug such as magic mushrooms in a US state that has legalized it?

Yes, even if you have never been arrested/convicted for a drug crime; either oral and/or written admissions made to a US Immigration officer in connection with controlled substances (Marijuana, hallucinogenic mushrooms, and many other drugs are controlled substance under federal law) will cause huge issues when trying to enter the USA and you will be denied entry and deemed to be inadmissible to the United States. Remember just because hallucinogenic mushrooms are legal in certain states in the US, they are still prohibited under Federal law, and Federal law controls US Immigration law.

I have entered the US many times and I was not asked about my past arrest and now they asked me and I was stopped from entering, why?

For US Immigration purposes past arrests remain on security systems, their security system is highly advanced. Either the way you answer the questions to the immigration officer triggered the officer now asking more questions than they had in the past or your past arrest may now be viewed by a more diligent officer where another officer may not have noticed. Remember for US Immigration purposes your past arrests do not disappear.

I have entered America many times and I was not asked about my criminal conviction and now they asked me and revoked my visa and denied my entry to the USA, why?

For US Immigration purposes past convictions remain on security systems, their security system is highly advanced. Remember for US Immigration purposes your past convictions do not disappear even if expunged.

Will a traffic citation affect my entry to the US?

Typically traffic citations do not affect entry to the US. However, each case is individual so discuss with an attorney before seeking entry to the US.

If I smoked marijuana for personal use in a State within the US that has legalized it, will this affect my entry to the US?
Yes, it will. Legalization or decriminalization of marijuana at the state level is not permitted under federal laws. Marijuana (use/possession/sale) is a controlled substance under Federal Law. In fact, marijuana is on par with heroin under Federal laws. Even if you took marijuana legally in a US state, and later admitted to taking marijuana when questioned by immigration officials this will cause issues for you, as the officer will deem you to be inadmissible and deny your entry to the US.

If I took hallucinogenic mushrooms for personal use in a State within the US that has legalized it, will this affect my entry to the US?

Yes, it will. Legalization or decriminalization of hallucinogenic mushrooms at the state level is not permitted under federal laws. Hallucinogenic mushrooms (use/possession/sale) are a controlled substance under Federal Law. Hallucinogenic mushrooms are on par with LSD (lysergic acid diethylamide) under Federal laws. Even if you took Hallucinogenic mushrooms legally in a US state, and later admit to taking Hallucinogenic mushrooms when questioned by immigration officials this will cause issues for you, as the officer will deem you to be inadmissible and deny your entry to the US.

If I smoked weed for personal use in a State within the US that has legalized it, will this affect my entry to America?

Yes, it will. The legalization of marijuana at the state level is not permitted under federal laws. Marijuana (use/possession/sale) is a controlled substance under Federal Law. In fact, marijuana is on par with heroin under Federal laws. Even if you took marijuana legally in a US state, and later admitted to taking marijuana when questioned by immigration officials this will cause issues for you, as the officer will deem you to be inadmissible and will deny your entry to America.

Do I need a waiver to enter the USA for past arrest?

Depending on when you were arrested and the reasons for the arrest you may need a waiver for your past arrest. When you go to the embassy for your visa you will present your waiver petition to the officer and request they recommend the waiver to overcome your past arrest. Our attorneys will explain the process and what is involved in US waiver applications.

Do I need a waiver to enter the US for a past conviction?

Depending on what your past conviction was for you may need a waiver. When you go to the embassy for your visa you will present your waiver petition to the officer and request they recommend the waiver to overcome your past arrest. Our attorneys will explain the process and what is involved in waiver applications for US Immigration.

How long does a waiver to overcome a past drug-related offense take to be processed?
This varies. Due to COVID-19 expect delays with adjudications including visa applications. Once the consular officer agrees to recommend the waiver then it will be forwarded to the visa office in the US for adjudication which can take up to 6 months.

I have never been arrested for a drug crime, why was I denied my US visa at the embassy after answering yes to I have taken drugs legally such as marijuana in the past year for personal use?
The legalization of marijuana and other narcotics at the state level is not permitted under federal laws. Marijuana and other narcotics (use/possession/sale) is a controlled substance under Federal Law. In fact, marijuana is on par with heroin under Federal laws. Even if you took marijuana legally in a US state, and later admitted to taking marijuana when questioned by an immigration officer at the consulate this will cause issues for you, as the officer will deem you to be inadmissible and will deny your visa request to enter America. You should speak to one of our attorneys who can guide you on what the law is and what options are available to you.

I have never been convicted for a drug crime, why was I denied my US visa at the US embassy after answering yes to I had taken drugs in the past for personal use in the past?
The legalization of marijuana and other narcotics at the state level is not permitted under federal laws. Marijuana and other narcotics (use/possession/sale) is a controlled substance under Federal Law. In fact, marijuana is on par with heroin under Federal laws. Even if you took a drug legally in a US state, and later admitted to taking a drug when questioned by an immigration officer at the consulate this will cause issues for you, as the officer will deem you to be inadmissible and will deny your visa request to enter America. You should speak to one of our attorneys who can guide you on what the law is and what options are available to you.