Cited in the park on a visa or ESTA. Can I come back?
Visitors on ESTA, tourist visas, H-1Bs and student visas drive through Yellowstone and Grand Teton every summer, and some fly home with a federal violation notice. The question they ask me first is whether it will keep them out of the United States. For most charges the answer is no. For one charge it can be yes, and for every charge the honest answer on the next form depends on how the case ends. Do not pay the notice until someone who understands both the criminal case and the immigration consequences has read it.
Call or text me. Clients get my cell number from day one, and I answer. Got a violation notice? Here's what happens next.
Read it in your language. Talk it through in your language.
Every page of this National Parks chapter is written in Chinese, Korean, Japanese, Spanish, French, German and Italian. The consultation is a video call with attorney Aaron Herzberg, carried in your language by live translation software, at no additional charge.

Three provisions that turn a ticket into a problem.
A non-citizen is inadmissible if convicted of, or if they admit committing, a violation of "any law or regulation of a State, the United States, or a foreign country relating to a controlled substance" (8 U.S.C. § 1182(a)(2)(A)(i)(II)). There is no exception for a small amount.
Convictions for crimes involving moral turpitude carry their own consequences, softened by a petty-offense exception for a single offense whose maximum penalty is a year or less and whose actual sentence was six months or less (§ 1182(a)(2)(A)(ii)(II)). Most park regulations are not turpitudinous at all.
Immigration law has its own definition: a formal judgment of guilt, or, where adjudication is withheld, a plea or an admission of sufficient facts together with some penalty or restraint (§ 1101(a)(48)). No immigration authority has yet said how it reads a paid park notice.
Can I come back? Charge by charge.
Two forms do the asking: the ESTA questions for Visa Waiver travellers, and the DS-160 for everyone who needs a visa in their passport. They ask different questions, and the truthful answer to each depends on what you were cited for and how the case ended.
What the forms actually ask
- ESTA. "Have you ever been arrested or convicted for a crime that resulted in serious damage to property, or serious harm to another person or government authority?"
- ESTA. "Have you ever violated any law related to possessing, using, or distributing illegal drugs?"
- DS-160. "Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty, or other similar action?"
- DS-160. "Have you ever violated, or engaged in a conspiracy to violate, any law relating to controlled substances?"
What the officer at the airport sees
- An open federal case with a missed court date, and any warrant that followed it
- An arrest with fingerprints, which is how a park DUI begins
- A conviction entered by the court after a plea or a trial
- Not a notice paid by mail to the Central Violations Bureau, which does not ordinarily appear as a case on the court's docket
Read the question as it is worded and answer it truthfully. A false answer on either form is a misrepresentation, and a misrepresentation to get into the United States is a permanent bar (8 U.S.C. § 1182(a)(6)(C)(i)). No park ticket is worth that.
General information about the forms as they read today, not advice on your answer. The forms change, your facts matter, and an immigration lawyer should see the disposition before you apply. I handle the criminal side so the disposition is one worth showing.
What each kind of citation means for status.
Marijuana and other drugs
For a non-citizen, the aim of the case is a disposition that is not a controlled-substance conviction and does not involve an admission of the elements: dismissal, an amendment to a non-drug regulation, or a deferred agreement whose terms are drafted with the immigration definition in front of both lawyers. Whether that is achievable turns on the facts and the prosecutor, and it is pursued in every case. A citizen who pays a $400 marijuana notice has a Bureau record under a controlled-substance regulation; a visa holder who pays it has handed an officer a question that a dismissal would never have raised. The marijuana page.
DUI and refusal
A simple driving-under-the-influence conviction is generally not treated as a crime of moral turpitude, and a Class B misdemeanor is within the petty-offense exception in any event. The consequences are practical rather than statutory: a federal misdemeanor to disclose, a possible custodial sentence that interrupts employment, a one-year ban from driving on federal lands if the breath test was refused, and, for some, a Canadian border that treats impaired driving as serious criminality. Refusal of the breath test is a separate charge with its own record. The park DUI page.
- 01Nonimmigrant visa applications, which ask whether you have ever been arrested or convicted of any offense
- 02Adjustment of status and consular immigrant-visa processing, where criminal history is reviewed with the file
- 03Naturalization, which asks about citations, arrests, and convictions, and requires good moral character for the statutory period
- 04Trusted-traveler and border programs on both sides of the Canadian line
- 05Employer-sponsored petitions and renewals, where counsel asks the employee the same questions the forms will
The answer to each is easier when the court file says "dismissed" than when it says "collateral forfeited." The EB-1 and green-card page covers a pending I-485 or N-400 in detail.
Deportability, the visa in your passport, two lawyers.
The paid-notice question, deportability, DUI visa revocation, the other charges, two lawyers
The paid notice and the definition
Under the 2026 rule of the United States District Court for the District of Wyoming, the federal court for Yellowstone National Park and Grand Teton National Park, a paid collateral forfeiture is neither an admission nor an adjudication of guilt, which argues against its being a conviction under this definition; but no immigration authority has yet said so, and the officer applying the definition does not sit in this court. A park marijuana notice under the Park Service regulation is a federal controlled-substance charge. Montana's legal dispensaries sit a few miles from the West and North entrances, and possession inside the park is charged under the federal regulation regardless of where the product was bought.
Deportability, and moral turpitude
A separate provision makes a person deportable for a controlled-substance conviction after admission, with a single exception for one offense involving thirty grams or less of marijuana for personal use (§ 1227(a)(2)(B)(i)). On moral turpitude, the Board of Immigration Appeals has held that a simple DUI, without more, is not. The categories that draw scrutiny are theft, fraud, and offenses with an element of intent to harm, which is why a false statement to a ranger can matter more than the underlying ticket.
A DUI arrest and the visa in your passport
There is one statutory consequence, and it turns on the arrest rather than the outcome. The State Department's manual lets a consular officer, or the Department itself, prudentially revoke a nonimmigrant visa on the strength of a DUI arrest within the previous five years, on the theory that the arrest may signal a medical ground of ineligibility that only a panel physician can clear (9 FAM 403.11-5(B)). The rule reaches people already inside the United States, which the manual otherwise forbids, so the visa in an H-1B, L-1 or F-1 holder's passport can be cancelled while the park case is still open. Status inside the country is not lost, but the next trip abroad ends at a consulate with a new application and a physician's appointment before the return flight. Anyone on a visa who is arrested for DUI in either park should plan travel around that before booking anything.
Speeding, open container, wildlife, thermal areas
These are not controlled-substance offenses and not crimes of moral turpitude. The concern is the record itself and the disclosure questions that follow it, and the difference between a paid Box B notice, which is a disposed federal case, and a dismissal or an infraction-level resolution, which is a much shorter answer on a form. Thermal-area and wildlife cases often add a probation term with a park ban, and probation is something several immigration forms ask about directly.
Question-and-answer sites will tell you a park notice is "an infraction" that "does not require disclosure" and "will not show up." Read the form instead. The I-485 and the N-400 ask whether you have ever been cited, and how the case ended is the next question. A paid forfeiture is not a conviction under the federal court's 2026 rule, but that is an argument to make with the written disposition in hand, not a reason to skip the question. The people answering online have not seen your form; the officer at your interview will.
Two lawyers
I am not an immigration lawyer, and I will not pretend to be one on this page. What I do is the criminal side: get the file, read the regulation, deal with the Assistant U.S. Attorney, and shape the disposition. What I insist on, for a non-citizen client, is doing that in conversation with immigration counsel, yours or one I can recommend, so that the terms I ask the court for are the terms that survive the immigration definition of conviction. A dismissal is easy to evaluate. A deferred agreement, an amended charge, or a plea to a different regulation has to be drafted with the statute open, and the drafting is where these cases are won or lost. Immigration processes have their own calendars, and a pending petty-offense case in Wyoming can stall a renewal or an interview until it is resolved.
From the forums, answered.
I was visiting on ESTA and got a speeding ticket in Yellowstone. Do I have to declare it on my next ESTA?
I am from Canada, Germany, Japan or Korea. Will a park ticket stop me at the border next time?
Can I leave the United States while the case is still open?
I am on an H-1B and got a Yellowstone speeding ticket. Will it affect my status?
The ticket is for marijuana. It was legal where I bought it.
Does paying the ticket count as a "conviction" for immigration purposes?
Do I have to disclose a park citation on a visa application or at naturalization?
I am Canadian. Anything special?
Will the court tell my consulate?
Find your citation.
Every page below is written for one kind of notice. Start with the one that matches yours.
Start with a confidential conversation with Aaron Herzberg.
National-park matters begin with a thirty-minute call, and almost everything after that can be handled from wherever you are. Book it through the chat button in the corner of this page, or send the note here and my office will call you, usually the same business day. Have your violation notice in hand so we can read the box together, and call or text any time. Video consultations are available in Chinese, Korean, Japanese, Spanish, French, German and Italian, with live translation software, on request.
40 E Simpson Ave, Jackson, WY 83001 · by appointment · video consultations for out-of-state clients · info@puzzlegroup.com