It doesn't take a conviction to have a criminal record, unfortunately. Even an arrest or charge on your record could count against you. Depending on the circumstances, however, you might be able to get a waiver of inadmissibility, a waiver that means that immigration officials would overlook a criminal record. If you get this waiver, you might still be able to get a U.S. work visa. Keep reading to learn when a criminal record could get in the way of obtaining a U.S. work visa, and how a waiver could help you become admissible again.

First off, how can you know if your criminal record disqualifies you from getting a visa? It really just depends on the type of crime involved. The types of crimes (or even arrests for crimes) that could make you inadmissible create a very, very long list. Generally speaking, these must be serious crimes, "aggravated felonies", but it gets far more complex than that. If you don't know if your criminal record would make you ineligible, be sure to call an immigration attorney as soon as possible. Or you might be able to find out at a U.S. embassy or consulate.

Let's say that you do know that are deemed inadmissible because of a criminal record. What are your options? You might be able to complete a 212(d)(3) nonimmigrant waiver. Sometimes, eligibility will be decided on a case by case basis, in other instances, certain criminal records cannot be ignored.

Crimes that cannot be waived include:

• Drug crime convictions (excluding a single conviction of marijuana possession involving fewer than 30 grams)
• Attempted murder
• Any crime that includes torture
• Falsely saying you are a U.S. citizen

If you fill out a 212(d)(3) nonimmigrant waiver along with your work visa application, your next step could be the consulate interview. This is where an immigration officer will review your applications, discuss the documents with you, and then choose whether or not you will get the waiver, which in turn could affect the success of your work visa.

Can you just hide your criminal record from immigration officials? No. It is a crime of itself to lie on a visa application, a crime of immigration fraud. If an immigration officer finds out that you purposefully withheld information about a crime, your application for a visa will certainly fail. If you try to file for a visa again, you will have the challenge of an even longer criminal record to deal with.

Not sure if you are admissible to the U.S.? Want to know if you qualify for a waiver of inadmissibility? Get the legal advice you need about applying for a work visa when you call an immigration lawyer.