Immigration Corner | Will I be able to travel again?

Dear Mrs Walker-Huntington

I was charged and paid a fine in the United States for a wilful concealment charge when I went on work and travel. I pleaded nolo contendere, and I wanted help to know if I’ll be able to travel again or ever be able to obtain a visa.

TS

Dear TS:

When a person is granted the privilege of a non-immigrant United States visa and travels to America, they are the guests of the United States government. The US government has wide discretion in deciding to whom a non-immigrant visa should be granted and who should be denied the opportunity to travel to America. The responsibilities that go with that privilege include that non-immigrants should conduct themselves in a manner that is in line with the laws of the United States.

A criminal charge of willful concealment has different definitions and varies by state. It does imply fraud and or theft, and while you have not been specific, this charge could be the same as petty theft or shoplifting in some jurisdictions. The “wilfulness” connotes deliberateness and goes to an accused’s state of mind. No lo contendere means that you plead no contest, you did not present a defence to the charge.

CASE SPECIFIC

Theoretically, everyone (with probably the exception of a Nazi or a terrorist) is eligible to apply for a non-immigrant waiver to be allowed to enter the United States. Each case is reviewed and decided on a case-by-case basis. One of the stated key factors in deciding a non-immigrant waiver is whether the applicant poses a danger to the United States – along with the underlying non-immigrant visa question of ties to the applicant’s home country.

Looking at your situation, you would certainly have to explain the circumstances that led to your arrest and conviction and make a compelling argument as to why you would not present a danger to the United States. The outcome of an application for a non-immigrant waiver is case specific and depends on the consular officer and his supervisor.

Dahlia A. Walker-Huntington, Esq. is a Jamaican-American attorney who practises immigration law in the United States; and family, criminal and international law in Florida. She is a diversity and inclusion consultant, mediator and former special magistrate ad hearing officer in Broward County, Florida. info@walkerhuntington.com