VWP Question answered wrong
So my fiance from the UK was granted a VWP and has traveled twice to the US. After recently asking questions in regards to a k-1 visa that we're in the process of, it came to my attention that we may have answered one of the questions no, when it should have been yes. He had a caution many years back but couldn't remember what the exact charge was or when. While we were deciding to do the VWP, he applied for a job that required a background check. It came back "No Record." So we were excited and thought we were in the clear. Comes to find out, that is not the case since they don't care if you were convicted or not. How much trouble could he be in for this?
The caution was for Handling Stolen goods (receiving). He had no knowledge of this and that is why he was only cautioned since he was in "possession of it". The question asked if he was ever arrested or convicted of any crime that resulted in serious damage to property. I had no idea that technically fell into that category.
Best Answer
Unless my source for the ESTA question is incorrect, it is
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?
Since the crime of handling stolen goods (receiving) does not seem to involve serious damage to property or serious harm, it was probably fine to answer "no" to that question.
The DS-160 question for a nonimmigrant visa, however, is
Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty, or other similar action?
Because the wording of the question in the visa application is different, it is entirely reasonable to answer the question differently.
How much trouble could he be in for this?
Did he answer "no" to the DS-160 question? If so, he could be in a good deal of trouble, since misrepresentation results in permanent inadmissibility.
If he answered "yes" to the DS-160 question, then it probably depends on the mood of the visa officer. In a worst case scenario, they could argue that he was being deceptive on his prior ESTA application and find him inadmissible. More likely, they will accept that it was reasonable for him to conclude that the crime did not fall within the scope of the ESTA question.
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What happens if I made a mistake on my ESTA?
If an applicant made a mistake on their passport or biographical information, he or she will need to submit a new application. The associated fee will be charged for each new application submitted. Any other mistakes may be corrected or updated by clicking \u201cCheck Individual Status\u201d under \u201cCheck ESTA Status."Can you be denied entry with ESTA?
If you already have an approved ESTA, you may still be denied entry to the United States without a visa refusal. On the one hand, the ESTA or any other visa does not guarantee that you can enter the USA. The customs and border guards alone decide whether you are allowed to enter or not.Why would an ESTA be denied?
The most common reasons for rejection of ESTA application Had serious criminal records in the past and convicted, therefore under an appeal or discussion. In the past, applied for VISA or ESTA and it had been rejected. In the past, overstayed when visited the US.How do I amend my ESTA?
When you access your ESTA approval on the ->official ESTA website under "Check ESTA Status", click on the "Update" field. On the following page, you can check the entries and change them if necessary. Please note that you can only change your address in the USA and your email address afterwards.Funny DIY Pranks, Crazy Situations By Everyday Things! Tricky Doodles Have Fun! - # Doodland 582
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