question about VWP

[irishgirl73 0]

hey guys....quick question

my hubby's friend purchased a ticket to come here in a few months, the problem is he has a firearm charge on his record(from 1998)....is he inadmissible?

I have looked on the web but can not find a definite answer. He would be travelling from Dublin. I told him that if he was NOT allowed in the US, they would turn him away in Dublin-is that correct?

I know this is a random question, I was just hoping someone could help

thanks

Colleen

[Saddle Bronc 124]

• unfortunately, up to discretion of USCIS official; assume "yes"
  
• Yes
  

[rebeccajo 14]

He might or might not get in. That's not his biggest problem.

When he steps on the plane in Dublin, he will have to fill out the I94. One of the questions on that form has to do with criminal behavior. Some people choose to answer the question based upon whether or not they have had a conviction.

If he answers the question 'incorrectly' and then needs a visa to the US later on, he can find himself in trouble for misusing the VWP.

Without knowing more about this 'charge' it's hard to answer the question. At first blush, he may need a tourist visa and ineligible for the VWP entirely.

[irishgirl73 0]

He might or might not get in. That's not his biggest problem.

When he steps on the plane in Dublin, he will have to fill out the I94. One of the questions on that form has to do with criminal behavior. Some people choose to answer the question based upon whether or not they have had a conviction.

If he answers the question 'incorrectly' and then needs a visa to the US later on, he can find himself in trouble for misusing the VWP.

Without knowing more about this 'charge' it's hard to answer the question. At first blush, he may need a tourist visa and ineligible for the VWP entirely.

thanks Rebecca.....I told him he is taking a gamble but he went ahead and bought the ticket anyway....oh well we'll see what happens!

[rebeccajo 14]

Ok, I zigged where I should have zagged on this.

There is no question on the I94 about criminal activity. BUT only those persons who are eligible for a visa are permitted to enter on the VWP. Meaning if you have something on your record that would require a waiver in order to obtain a visa - you cannot enter the country on the VWP.

For more see info on the VWP at www.travel.state.gov

Edited July 26, 2007 by rebeccajo

[irishgirl73 0]

Ok, I zigged where I should have zagged on this.

There is no question on the I94 about criminal activity. BUT only those persons who are eligible for a visa are permitted to enter on the VWP. Meaning if you have something on your record that would require a waiver in order to obtain a visa - you cannot enter the country on the VWP.

For more see info on the VWP at www.travel.state.gov

you rock!

I though about the whole "waiver" thing.................I will check out that wesite!

thanks Rebecca

Colleen

[mawilson 2,133]

my hubby's friend purchased a ticket to come here in a few months, the problem is he has a firearm charge on his record(from 1998)....is he inadmissible?

He is inadmissible in theory, but it's not like the US authorities would know anything about his past criminal charges.

If he lies on the I-94W (and yes Rebecca - the form asks if you've been arrested or convicted), he will be admitted;

otherwise he will need to apply for a B visa.

[mawilson 2,133]

There is no question on the I94 about criminal activity.

The form for VWP is I-94W, not I-94, and yes, there is:

[rebeccajo 14]

Mark -

I tried and tried to find a pic of the I94 as my understanding was the question was there. Everything I located looked much different than that.............

Problem being I was looking for I94 instead of I94W. Thanks for finding this!

Becca

[john_and_marlene 162]

He is inadmissible in theory, but it's not like the US authorities would know anything about his past criminal charges.

If he lies on the I-94W (and yes Rebecca - the form asks if you've been arrested or convicted), he will be admitted;

otherwise he will need to apply for a B visa.

And if he lies on the I-94W and then ever tries to get a visa where he has to disclose the crime, he may encounter a very big problem having falsified the document to gain entry to the U.S.

If he were in our postion someday wanting to file for adjustment of status in the U.S. he would be in trouble. Read the "Have you ever..." questions on the I-485.

[mawilson 2,133]

Mark -

I tried and tried to find a pic of the I94 as my understanding was the question was there. Everything I located looked much different than that.............

Problem being I was looking for I94 instead of I94W. Thanks for finding this!

Becca

Yeah - the I-94 is a white form, the W version for visa waiver countries is green

(Although I'm almost certain I saw the same questions on the back of I-94 as well!)

[mawilson 2,133]

And if he lies on the I-94W and then ever tries to get a visa where he has to disclose the crime, he may encounter a very big problem having falsified the document to gain entry to the U.S.

That's a big IF. You think they are going to keep all the I-94W's and then try to match

the information against future visa applications? Not gonna happen.

I'm not saying he should lie or that it's guaranteed consequence-free, but ultimately it's his decision.

[john_and_marlene 162]

And if he lies on the I-94W and then ever tries to get a visa where he has to disclose the crime, he may encounter a very big problem having falsified the document to gain entry to the U.S.

That's a big IF. You think they are going to keep all the I-94W's and then try to match

the information against future visa applications? Not gonna happen.

I'm not saying he should lie or that it's guaranteed consequence-free, but ultimately it's his decision.

Tracking I-94W information and matching it to applications is already happening.

[mawilson 2,133]

Tracking I-94W information and matching it to applications is already happening.

Hearsay?

[john_and_marlene 162]

Tracking I-94W information and matching it to applications is already happening.

Hearsay?

No. Read up on the VWP and the tracking and reporting requirements for member countries.