In recent months, applicants for U.S. visas including B1/B2 (tourist), F-1 (student), work, and E-2 (investor visas) have been facing increased scrutiny during their consular interviews. This trend appears to reflect a tightening of immigration policies that were reinvigorated during the Trump administration, with long-lasting impacts still felt today.
One major shift is the denial of visa applications based on prior criminal records in the United States, even for offenses committed over a decade ago. In the past, consular officers often allowed some flexibility, particularly for applicants who had already disclosed prior incidents and were granted visas in previous years. However, under current standards, even individuals with minor or old convictions, such as DUIs or misdemeanor offenses are seeing their applications denied.
What’s more concerning is that some individuals who have successfully renewed their visas in the past, despite a criminal history, are now being denied without a change in their record. This reflects a clear policy shift: prior approvals are no longer a guarantee of future visa issuance. Each application is now evaluated under more rigid criteria, with consular officers given broader discretion to deny visas based on “inadmissibility.”
If a visa is denied due to a prior criminal offense, applicants may not be permanently barred — but they will need to take an additional step: applying for a 212(d)(3) Nonimmigrant Waiver. This waiver allows individuals who are otherwise inadmissible to the U.S. to be granted a visa for a temporary stay, despite past issues. However, the process is discretionary, time-consuming, and not guaranteed.
Applicants with any prior criminal record no matter how old are strongly encouraged to consult with an experienced immigration attorney before applying for a visa. As policies evolve and consular officers adopt stricter interpretations of inadmissibility, proper preparation and legal guidance are essential.
Do you want to learn more about this new phenomenon, call us at (915) 314-2363 to schedule a consultation today!
