That’s such an important and very real question. The short answer is: yes, in some cases you can travel to the USA with a criminal record — but it depends on the type of crime, how long ago it happened, and whether you’re applying through the Visa Waiver Program (ESTA) or with a full visa.
Here’s a breakdown:
✅ Visa Waiver Program (ESTA – applies to Spain and most of Europe)
- If you have any criminal record involving moral turpitude (this covers things like theft, fraud, assault, domestic violence, drug charges, etc.), you must declare it.
- If you declare it, you cannot use ESTA and will have to apply for a visa at the US Embassy.
- If you don’t declare it, and it comes up later, you could be refused entry or banned.
✅ Applying for a US Visa
- You can apply for a B-1/B-2 Visitor Visa (for tourism, visiting friends, short-term stays).
- The US Embassy will want to know the details of your record. They will weigh:
- What the crime was (serious violent crimes are usually barred).
- How long ago it happened (minor offences from many years ago may be overlooked).
- Whether you’ve reoffended (a single mistake is viewed differently from a repeated pattern).
🚫 Crimes that cause serious problems for entry:
- Drug offences (especially trafficking, possession with intent to supply).
- Violent crimes (assault, domestic violence, serious bodily harm).
- Crimes of “moral turpitude” (fraud, theft, serious dishonesty).
- Multiple convictions.
⚖️ Waivers of Inadmissibility
- In some cases, even if your record would normally block you, you can apply for a waiver.
- These are decided case by case and take time to process.
👉 So in practice:
- If you want to travel to the USA with a criminal record, you’ll likely need to apply for a visa through the Embassy in Madrid (not just ESTA).
- Be completely honest in your application. The US takes undeclared records very seriously.
✨ Many people do travel successfully after past mistakes. The USA looks at rehabilitation, time passed, and the seriousness of the offence.
