benjmartin

Hi guys

First off, thanks for this forum. It has been a great deal of help during my visa application process that is hopefully finally coming to an end this Friday.

As mentioned in the thread title, I have my L1A interview at the end of this week and have been approved for the VWP previously despite a previous arrest. However, this arrest was undeclared on my ESTA form (filed in August 2012), which is probably why I didn't have any problem entering the US under the VWP, in October and November of 2012.

Why was it undeclared? Good question. Simple answer: confusion. In particular, around the issue of what constitutes a CIMT (I wish I had found that thread before I applied) and the fact that it didn't result in a conviction.

Throughout the L1A process, however, my lawyer asked me in plainer terms about any sort of arrest, regardless of the crime and I said Yes and did so again on the D160. And so, we have declared it throughout the process, and I have provided a Police Certificate, Sworn Statement and other paperwork pertaining to the arrest and the interview is going ahead as planned on Friday.

So (and sorry for the rambling post, but I felt it required context), I am concerned that the consular office may notice that I have previously entered the US under the VWP while not, without realising, properly disclosing the arrest when doing so (due to my lack of understanding around a CIMT). Would this be a problem? Could it affect my L1A being approved? I understand pleading ignorance will probably do little, but it is honestly and entirely all I have to go on, because that's the truth of it.

Thanks in advance for any guidance!

Ben

ian-mstm

It won't be a problem... indeed, I doubt they'll even know about the incident. That said, even if they do know about it... it won't be an issue. To be an issue, the government would need to show that you deliberately misrepresented yourself... which, I'm guessing, you didn't.


No.

Ian

benjmartin

Thanks! That's really helpful