B2 following VWP entries
#16
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Location: Kentucky
Posts: 38,865
Re: B2 following VWP entries
Is there no point in being honest now? Should he just not travel anymore?
Ian
#17
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Posts: 366
Re: B2 following VWP entries
He doesn't have to prove it... because the burden of proof is on the government. They have to prove that he did commit willful misrepresentation.
No. Why? Because he hasn't been lying. You understand that, right? People lie when they know something is wrong but do it anyway. If you don't know it's wrong, how can there be a lie?
No.
Ian
No. Why? Because he hasn't been lying. You understand that, right? People lie when they know something is wrong but do it anyway. If you don't know it's wrong, how can there be a lie?
No.
Ian
Why did they not tick yes to that question and allow the CPB officers to determine if they had the cimt or not and could enter the USA with or without needing a visa? Because they knew they would get sent back if they ticked yes and they would have been sent back? After all is cimt is what they say it is not what the traveller says? Correct?
Last edited by johnnybrown532; Feb 4th 2015 at 3:51 pm.
#18
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Posts: 366
Re: B2 following VWP entries
This is the beauty of the whole thing. He gets to make up his own mind whether or not what he did caused "serious damage to property".
And that is a perfectly valid response.
It's up to the CBP officer at the POE whether or not he's allowed to enter. However, if he believes he can honestly answer "no" to the question, then ESTA will likely be approved. If he arrives in the US with a valid ESTA, it's highly unlikely that he'll be denied entry. It could happen, of course, but it's highly unlikely.
Ian
And that is a perfectly valid response.
It's up to the CBP officer at the POE whether or not he's allowed to enter. However, if he believes he can honestly answer "no" to the question, then ESTA will likely be approved. If he arrives in the US with a valid ESTA, it's highly unlikely that he'll be denied entry. It could happen, of course, but it's highly unlikely.
Ian
#19
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Joined: Feb 2015
Posts: 7
Re: B2 following VWP entries
Thank you everyone for your responses. We are probably going to arrange a consultation with an immigration lawyer for some legal advice on how best to proceed. I would not be surprised if the consulate, or whomever, decided he had misrepresented himself on the VWP form, but there isn't much we can do about that now. It was done in good faith (or ignorance) and any amount of wishing another box had been ticked 16 years later will do no good!
#20
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Location: Kentucky
Posts: 38,865
Re: B2 following VWP entries
I've no idea. Fortunately, I don't need to know.
Have you actually read what the OP wrote? I ask because you seem to be misinterpreting.
Who? Someone who has integrity and honor. Someone who believes that a person's word should mean something.
I agree... but it was the US government's choice to alter the wording on ESTA. No one forced that decision on them. If it happens to work out to someone's benefit, so be it.
Ian
Why did they not tick yes to that question and allow the CPB officers to determine if they had the cimt or not and could enter the USA with or without needing a visa?
And who will admit they caused serious damage to property?
These new questions seem to be designed to make it far easier for people to get through with a criminal background?
Ian
Last edited by ian-mstm; Feb 4th 2015 at 4:07 pm.
#21
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Joined: Oct 2014
Posts: 366
Re: B2 following VWP entries
I've no idea. Fortunately, I don't need to know.
Have you actually read what the OP wrote? I ask because you seem to be misinterpreting.
Who? Someone who has integrity and honor. Someone who believes that a person's word should mean something.
I agree... but it was the US government's choice to alter the wording on ESTA. No one forced that decision on them. If it happens to work out to someone's benefit, so be it.
Ian
Have you actually read what the OP wrote? I ask because you seem to be misinterpreting.
Who? Someone who has integrity and honor. Someone who believes that a person's word should mean something.
I agree... but it was the US government's choice to alter the wording on ESTA. No one forced that decision on them. If it happens to work out to someone's benefit, so be it.
Ian
I can't believe the have changed it like this why would they do that and leave it upto a person wishing to travel and not upto them to determine what something is or is not?
Last edited by johnnybrown532; Feb 5th 2015 at 9:22 am.
#22
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Location: Kentucky
Posts: 38,865
Re: B2 following VWP entries
I suspect there's something more going on here. I'm not big on conspiracy theories, but I wouldn't be surprised if US immigration is making (or has already made) arrangements to have access to foreign criminal databases... with the express purpose of catching someone in a lie after completing ESTA. Many people don't realize that if they lie to US immigration and get caught, they could face a lifetime ban from the US.
Bottom line: I think honest people will remain honest... and liars will ultimately get what's coming to them!
Ian
Bottom line: I think honest people will remain honest... and liars will ultimately get what's coming to them!
Ian
#23
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Joined: Oct 2014
Posts: 366
Re: B2 following VWP entries
I suspect there's something more going on here. I'm not big on conspiracy theories, but I wouldn't be surprised if US immigration is making (or has already made) arrangements to have access to foreign criminal databases... with the express purpose of catching someone in a lie after completing ESTA. Many people don't realize that if they lie to US immigration and get caught, they could face a lifetime ban from the US.
Bottom line: I think honest people will remain honest... and liars will ultimately get what's coming to them!
Ian
Bottom line: I think honest people will remain honest... and liars will ultimately get what's coming to them!
Ian
Last edited by johnnybrown532; Feb 5th 2015 at 3:42 pm.