Can I travel to the U.S.A. with misdemeanors on the visa waiver program? 7 Answers as of February 06, 2012

The 1st thing you want to do is to pull your record and see how that offense was recorded (misdemeanor, infraction, etc.) and go from there. If it was nothing more than an infraction, then you may be able to explain it if asked. Ultimately, the only way to find out will be to make the trip and see unless you had been previously admonished as to the immigration consequences of the conviction by anyone in a position of pertinent authority. Keep in mind that the easy answer to your question is a simple "NO" but I do not think that to necessarily be the case since each case is different and every Inspection Officer exercises discretion differently. Get cleared by ESTA and see what happens.

I would need more information regarding the specific statute you plead no contest to. The issue is that some crimes make a person inadmissible. This means regardless of whether you enter under the visa waiver program or with a visa, you may be denied entry. The U.S. Embassy can refuse to issue a visa to you. It is best to have the specific crimes evaluated to determine how to best proceed with re-entering the United States. As for expunging the records, this will not benefit you. An expunged criminal record still factors into immigration decisions. The only way to rid yourself of the implications of the conviction for immigration purposes is if you receive a pardon or the conviction is vacated.

The federal government is not bound in any way whatsoever to honor a state or local court expungement order. Getting an expungement may be nice for some purposes, but it may be pretty much ignored by consular or port-of-entry officials. It does show that the Court granting the expungement order was convinced of your contrition and rehabilitation, and if you do decide to go the expungement route, make sure you get several certified copies of just about everything in the criminal case file and the disposition of the case before the expungement is granted and the court file sealed, because if you later need to secure documents or certified copies of anything related to that criminal charge, you will need to go back into court to un-seal the file, have your copies made, and then have the file re-sealed. This lack of foresight has cost people thousands of dollars, and the U.S. immigration authorities really don't care about your costs. If they ask for a certified copy of a document from that arrest, they want that document, and the cost to you to secure that document is irrelevant as far as they are concerned. If you qualify for the Visa Waiver Program by virtue of your citizenship, you should try to register for ESTA, which is required before using the Visa Waiver Program (see below). If ESTA background checks indicate that you don't qualify for the Visa Waiver Program, then you will have a pretty good idea that a regular visa application might encounter difficulties as well.

Looks like you need to apply for an individual visa to visit. If the consul says you may travel on your passport w/o a visa, then you can do so. Expungement depends on the state or federal law under which you were convicted and can be looked into here through a criminal lawyer.

I would need more information, but you will most likely need a Waiver. *Waiver of Inadmissibility* A Waiver of Inadmissibility will have to be obtained. This is an application that will include a legal brief, forms, documents, exhibits, declarations and other evidence. My firm can prepare the entire waiver, and attach all of the necessary documents. It will take several months for the decision, and if done correctly, there is a good chance of an approval. The Waiver essentially makes the crime or ground of ineligibility disappear so that entry or re-entry will be allowed into the U.S. Please note that the Waiver is the critical part of this application, and unless approved, there cannot be any other petition that will allow entry into the U.S. Therefore, the Waiver must be prepared with significant supporting documents.

You need to go online and complete the ESTA application - it will tell you whether you are cleared for VWP or will need a visa. Be prepared with original or certified copies of all criminal convictions.

You will need to apply for a non-immigrant visa along with a waiver to overcome criminal charge.