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Old May 15th 2012, 10:55 am   #1
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Default Great, now I'm panicking!

For a number of years I have been travelling to the USA for business/pleasure purposes, using the VWP (both via the I-94 Waiver Programme & the online ESTA programme).

Back in 1991 I was arrested and charged with being drunk in charge of a motor vehicle, however the case was dismissed and the charge was dropped. I have always answered NO to the question regarding arrests or convictions for CIMT when travelling under the VWP, with the belief that this was correct as I was not arrested for a CIMT.

Now I am in the process of filling out the online DS-160 and it is asking about arrests or convictions (but not specifying whether it is for CIMT). My gut feeling is to answer YES and then provide the relevant explanatory notes, which is fine BUT my panic is stemming from the fact that while this application is for an E2 visa and there is no requirement to provide a police record, I am married to a USC and at some point I will be adjusting status through marriage.

As I understand it, during the AOS process I will need to supply ACPO details, which I assume will list my arrest in 1991 - at this point am I going to be in a lot of bother for never declaring this during the VWP process?

Sorry for the long post, hopefully it makes sense and that I am also worrying over nothing!!
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Old May 15th 2012, 11:18 am   #2
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Default Re: Great, now I'm panicking!

STOP PANICKING!!!

There was no need to disclose your arrest on the VWP as it's almost certainly not a CIMT, and they are the only offences which are relevant for that program.

However you do need to disclose all arrests/convictions as part of the E2 application or when adjusting status.
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Old May 15th 2012, 11:20 am   #3
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Default Re: Great, now I'm panicking!

Phew! Thanks!
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Old May 15th 2012, 12:52 pm   #4
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Default Re: Great, now I'm panicking!

Quote:
Originally Posted by captainsensible View Post
Now I am in the process of filling out the online DS-160 and it is asking about arrests or convictions (but not specifying whether it is for CIMT).
You are trying to join together two completely separate requirements. There is no connection between the two; one does not affect the other.

Remember the rules for completing forms: 1) take each question at face value; 2) do not ascribe meaning to the question beyond what is plainly written; and 3) do not try to alter the meaning of the question to fit your situation.

You're ignoring #3!

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Old May 15th 2012, 1:26 pm   #5
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Default Re: Great, now I'm panicking!

Point taken! Now taking the question to mean exactly what it says!
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Old May 15th 2012, 3:04 pm   #6
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Default Re: Great, now I'm panicking!

Why????
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Old May 15th 2012, 5:19 pm   #7
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Default Re: Great, now I'm panicking!

Quote:
Originally Posted by captainsensible View Post
Why????
Why what?

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Old May 15th 2012, 6:03 pm   #8
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Default Re: Great, now I'm panicking!

We will never know why because Pianzi was a spammer with hidden links
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Old May 15th 2012, 6:59 pm   #9
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Default Re: Great, now I'm panicking!

Ah!
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