Waivers for criminal convictions and ineligibilities
General Information
Persons convicted of certain crimes, including drug use, or overstays are required to obtain a Waiver for Criminal Convictions to enter the United States. This is commonly known as the "Stop List". At the present time, US law states that any foreign national of any country, not just Bermuda, who has committed an excludable offense under the US Immigration and Nationality Act remains permanently ineligible to enter the United States. There is currently no provision in US law for the discontinuation of this ineligibility due to the issuance of a “Certificate of Rehabilitation” or any other such document.
However, individuals with ineligibilities are able to apply for waivers from the Department of Homeland Security through the Consular Section of the US Consulate. If approved , individuals may be admitted to the United States.
All applicants must:
- Complete a Bermuda Police Certificate Request Form.
- Present a police certificate from any other jurisdiction in which they have resided in for more then six (6) months in the past ten years. If the offense occurred outside of Bermuda, the applicant is required to obtain the police certificate from that jurisdiction.
Note: At the time of the interview, the applicant will be expected to pay the $131 cash application fee however, a decision on their application will NOT be made at this time since the application will be subject to additional administrative processing. The time period for this process varies and may take several months. Please do not contact either the Consulate or the U.S. Customs and Border Protection office asking for the progress of the waiver.
Once a decision has been made on the waiver application, the applicant will be notified either by phone or mail. If the application has been approved, the applicant will be instructed to report to the Consulate to receive a visa in their passport noting the approved waiver.