I am not eligible for the US Visa Waiver Program due to a past conviction. Is there any way to get a longer US validity visa?

I am not eligible for the US Visa Waiver Program due to a past conviction. Is there any way to get a longer US validity visa? - Low angle of road sign with Route 66 End of the Trail inscription located near fast food restaurant against cloudy evening sky on Santa Monica Beach

I am barred for life from the US visa waiver programme.

I have always followed the rules, never overstayed etc., etc., - I thought building up a history and following all rules and being honest from the start would count for something but compared to my first visa in 2001 (all done remotely by post) and was valid 5 years thru to my last application in 2011 that took best part of 6 months to complete process and involved personal interview at embassy that ultimately got me a visa that was only valid for 360 days. I used to come for vacation annually to USA but not been since 2012 (when that last visa expired) as the burden I felt was to great to do that on an annual basis - to spend $500 complying with all requirements demanded including day off work to travel to Embassy for interview and related costs etc. was just to must to justify before any normal holiday costs (I accepted it when only had to do it every 5 years).

Is there anything I can do to get back to being granted a longer validity period or even be allowed back on the waiver programme and able to obtain an ESTA and enter under the WVP?



Best Answer

Based on your description it sounds like you have had a criminal conviction of some type in the past. The fact your previous visa took many months to be approved sounds like the process that occurs when you are found ineligible for a visa, but you apply for a "waiver of ineligibility" which was subsequently approved.

In cases like this, it is not uncommon for them to issue a short-term visa - in your case only 1 year rather than the up to 10 years they can be issued for. The length of the visa is entirely at the discretion of the staff issuing it - there is nothing specific you can do to request a longer visa.

However if you apply for a new visa - and if your situation has not changed since the previous application (ie, you haven't committed any crimes since then, you didn't overstay on your previous US visa, etc) then it is likely that you will be issued with a longer visa. There is no guarantee that this will be the case - it's entirely up to the consulate staff's discretion, and whether they believe issuing you a longer visa is a risk or not.

Presuming you did require a Waiver of Ineligibility for your previous application it is possible you will also need to apply for one on this occasion (it depends on what was previously approved), so keep in mind that the entire process could take several months once again.




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Can you get a visa waiver with a criminal record?

In cases where an arrest resulted in a conviction, you may be permanently ineligible to receive a visa and will require a waiver ineligibility to travel to the United States. The Rehabilitation of Offenders Act does not apply to United States visa law.

Can I get a US visa with a spent conviction?

The Rehabilitation of Offenders Act does not apply to the United States visa law. Therefore, even travellers with a spent conviction are required to declare the arrest and/or conviction. The question asked by the US previously related to offences involving 'moral turpitude'. This is no longer the case.

How long does it take to get a waiver of ineligibility?

If you have been found ineligible to receive a nonimmigrant visa under U.S. immigration law and have been advised that a request for a waiver of ineligibility is being submitted on your behalf, you can expect your application to take at least six months from the date of the visa interview; in some cases it can take up ...

How long after a conviction can you go to America?

At least five years have elapsed since the date of your conviction or, where you were sentenced to a period of detention or imprisonment, at least five years have elapsed since the date of your release.



Interview Waiver U.S. Visa | Apply for a non-immigrant visa without an interview (Do you qualify?)




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