Advice needed..ESTA waiver and visa plans
Nov 29th 2018, 7:59 pm
#17
BE Enthusiast
Joined: Jun 2017
Posts: 521
Re: Advice needed..ESTA waiver and visa plans
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?
I dodged a misrep waiver because the questions were worded differently when I filled out mine, and you could reasonably respond no due to the ambiguity. That is generally where most avoidances seem to come from, rather than being ignorant of the CRA not being applicable. The questions were altered precisely because of situations like mine.
You could well be right and OP might get away with it, but I'd gamble in the other direction.
Nov 29th 2018, 8:02 pm
#18
Forum Regular
Thread Starter
Joined: Nov 2018
Posts: 255
Re: Advice needed..ESTA waiver and visa plans
The question as it stands (which would have been the same when he was asked) is reasonably clear though - it doesn't fall into the ignorance category for me:
Given the level of scrutiny that applications have been given over the last year, I can't see a ConOff determining that being oblivious of the Criminal Rehabilitation Act not being applicable in the US means he doesn't require a misrep waiver.
I dodged a misrep waiver because the questions were worded differently when I filled out mine, and you could reasonably respond no due to the ambiguity. That is generally where most avoidances seem to come from, rather than being ignorant of the CRA not being applicable. The questions were altered precisely because of situations like mine.
You could well be right and OP might get away with it, but I'd gamble in the other direction.
Given the level of scrutiny that applications have been given over the last year, I can't see a ConOff determining that being oblivious of the Criminal Rehabilitation Act not being applicable in the US means he doesn't require a misrep waiver.
I dodged a misrep waiver because the questions were worded differently when I filled out mine, and you could reasonably respond no due to the ambiguity. That is generally where most avoidances seem to come from, rather than being ignorant of the CRA not being applicable. The questions were altered precisely because of situations like mine.
You could well be right and OP might get away with it, but I'd gamble in the other direction.
Nov 30th 2018, 8:48 pm
#19
BE Enthusiast
Joined: Jun 2017
Posts: 521
Re: Advice needed..ESTA waiver and visa plans
I think you're best off applying for a B2 tourist visa and seeing what happens. Best case scenario, you get a waiver only for you CIMT and your potential employer is compassionate enough to not let it bother them and your original plan can go ahead.
Mid case is you get a waiver for misrep and the CIMT which would make a greencard quite difficult, but you can still do your holidays and live in the US short term on a non-immigrant working visa like an H1-B or E-2.
Worst case is you get banned for the misrep.
At the minute, you don't have much to lose by trying for the B-2, apart from money.
Mid case is you get a waiver for misrep and the CIMT which would make a greencard quite difficult, but you can still do your holidays and live in the US short term on a non-immigrant working visa like an H1-B or E-2.
Worst case is you get banned for the misrep.
At the minute, you don't have much to lose by trying for the B-2, apart from money.
Dec 1st 2018, 9:34 am
#20
Forum Regular
Thread Starter
Joined: Nov 2018
Posts: 255
Re: Advice needed..ESTA waiver and visa plans
My Thoughts exactly
Dec 2nd 2018, 12:59 am
#21
BE Forum Addict
Joined: Jul 2015
Location: Watford
Posts: 1,147
Re: Advice needed..ESTA waiver and visa plans
Give it a whirl, what have you got to lose!!, at least you'll get a yes/no, keep the Cali dream alive!! I enjoyed my time there.
Dec 2nd 2018, 1:33 am
#22
Account Closed
Joined: Mar 2004
Posts: 2
Re: Advice needed..ESTA waiver and visa plans
The issue is what are the prospective Employers going to do.
Dec 2nd 2018, 7:28 pm
#25
Account Closed
Joined: Mar 2004
Posts: 2
Re: Advice needed..ESTA waiver and visa plans
OP has family in CA he wishes to visit.
Dec 2nd 2018, 10:20 pm
#27
MODERATOR
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,679
Re: Advice needed..ESTA waiver and visa plans
Rene
