Every now and then someone gets in touch and asks if and how they can enter the US as a UK citizen with a criminal record.

For a little context, I was arrested in 1999 with a large quantity of class A drugs in Atlanta, Georgia. I served a little time there then a five-year custodial sentence in the UK.

I know some people with UK convictions fly to the UK and ‘chance it’ in the hope they don’t show up on the US authorities systems. Often it works, Clearly this wasn’t an option for me.

If yo do try this, and get turned away, then it can make followng the proper process, below, a bit harder.

It’s important to bear in mind it really is a bureaucratic process, they wont deviate from it and you just have to jump through the hoops.

Without further ado:

Step 1: Get an ACPO Police Certificate

You’ll need a current ACPO certificate (also called a Police Certificate) issued within six months of your embassy appointment. You’ll also need passport photos both for this and for your embassy forms, so get a few extra.

Apply here: ACRO Police Certificates

Step 2: Apply for a Visa (Even Though You’ll Be Denied)

You can’t travel under ESTA (the VISA waiver scheme people who have behaved themselves can use). You need to apply for a visa knowing it’ll be denied, but this is how you qualify for a waiver.

  • The DS-160 will also guide you to form VCU-1, which is where you disclose your convictions.

Don’t panic if you don’t know exact dates/details of offences. Do your best and be consistent.

Step 3: Book and Attend Your Embassy Appointment

Once your application is submitted online, you can book an appointment at the US Embassy in London.

On the day:

  • Expect to spend the whole day there: about an hour queuing outside, then hours waiting inside.
  • You can’t bring electronics (not even your phone). There’s a shop nearby where you can rent a locker for a few pounds.
  • First you’ll hand in your forms at reception. They’ll check them, then you sit and wait again.
  • Eventually, you’ll be called for an interview.


Step 4: The Interview

This is a short stand-up interview at a window. They’ll ask about:

  • The offence (what happened, how long ago, etc.)
  • What you’re doing now (job, family, community ties).
  • Why you want to travel to the US.


Tips:

  • Keep it honest and straightforward.
  • Show that you’ve moved on – career, family, stability.
  • Emphasise your ties to the UK (job, mortgage, family) to prove you won’t overstay (they’re worried you mgiht enter and never exit).
  • It helps to have a specific trip in mind (e.g. “I want to take my kids to Disney World”).

Step 5: The Likely Outcome

Most people with convictions are then formally denied a visa but recommended for a “waiver of ineligibility.” This recommendation then goes through multiple US departments. At this point, all you can do is wait—usually about six months.

Practical tip: If your passport has less than a year left, renew it now so you don’t cause delays later.

Step 6: The Waiver

If successful, you’ll be asked to send in your passport. It’ll come back stamped with a one-year visa thanks to the waiver of inelegibility. With this visa:

You can enter the US on the visa without needing ESTA.

Immigration officers may ask questions, but generally it’s not a big problem.

I’ve been over multiple times now with little hassle. The first time was a bit of a saga and I had to answer lots of questions. I am still pulled aside every single time and sent to secondary immigration. Border agents have told me that due to the code on my visa, they have to do this.

Embassy staff advised me that after using the visa a couple of times, I should reapply after six months and I’d be granted a longer waiver period. This happened and I now have a 5-year visa.

Step 7: Visa Types

I applied for a B-2 tourist visa. Technically, for business travel (meetings, conferences, etc.) you should apply for a B-1 visa. I don’t know whether applying B1 vs B2 changes your chances, but be aware of the distinction.

Final Thoughts

The process is slow, repetitive, and frustrating—but it works. The key is patience, honesty, and proving that you’ve built a stable life here in the UK. Once you’ve been granted a waiver, it’s straightforward to reapply and eventually get longer permissions.

I hope this helps you or somebody you know.