Waivers for criminal convictions and ineligibilities

General Information
Persons convicted of certain crimes, including drug use, or overstays are required to obtain a waiver to enter the United States. 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. Please follow all instructions below.

Application Instructions 

Step 1.

• Complete on-line form DS-156 (and DS-157 if applicable). Please note, DS-156 must be completed online however DS-157 must be downloaded and filled in. (please note, application forms must be printed on standard white paper)

• Complete a Bermuda Police Certificate Request Form.  

• Present a police certificate from any other jurisdiction in which you have resided 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.

• Provide 1 (one) 2" x 2" U.S. passport photo. (for more info please see our Photo Requirements page)

• Provide a valid passport with 6 months validity remaining and one clear page to put the visa onto.

Using a typewriter or a ballpoint pen, print all answers to the questions.  Do not use a pencil.  If a question does not apply to you, enter "N/A".  Failure to answer all the questions may delay the processing of your application.  Be sure to sign each form where required. Additional information may be required at the time of the interview.

Step 2.

Once the appropriate documentation has been gathered, you must now book an appointment on-line to complete the application process at the Consulate.  Please click here to book an appointment. The applicant will be expected to pay the $131 exact cash application fee and be interviewed at this time. Payment is in either Bermuda or U.S. dollars or a combination of both and is NONREFUNDABLE.  A decision on your application will NOT be made at this time. 
 
Step 3.

Once a decision has been made on your waiver application, you will be notified either by phone or mail.  If you are informed that the application has been approved, you will be instructed to report to the U.S. Consulate to receive a visa in your passport noting the approved waiver.  The time period for this process varies and may take several months.  Please do not telephone either the U.S. Consulate or the U.S. Customs and Border Protection office asking for the progress of your waiver.  You will be contacted once a decision has been made regarding your application.