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Posted

Hi,

Sorry for making a new topic for this, but it's an urgent question.

My brother has been in the process of acquiring a B2 Visitor Visa. He completed his DS-160 and sent that off stating that he has a caution for cannabis possession and an arrest for suspicion of shoplifting. We were going to call for an interview next week, However...

He has his police certificate back and it turns out he wasn't arrested for cannabis possession, he just recieved a caution for shoplifting, he got it mixed up.

The thing is, on the ESTA form it states..."Have you ever been arrested or convicted of a crime involving moral turpitude or a violation related to a controlled substance". He originally thought the answer to this would be yes, but now having received his certificate, the answer is in fact, no.

So, can he now just apply for the ESTA and enter the US under the VWP? and will the fact that he filed a DS-160 stating he was cautioned for cannabis be a problem, even though that is now wrong?

What a mess! Please someone reply asap. Thanks

K1 Timeline

Engaged in Coventry, UK: 7-25-2010

Filed i-129F: 9-23-2010

NOA1: 9-29-2010

NOA2: 2-18-2011 *143 DAYS AFTER NOA1*

NVC Received: 3-4-2011

Consulate Received: 3-8-2011

Interview: 6-6-2011 *APPROVED 251 DAYS AFTER NOA1*

Visa in Hand: 6-10-2011

P.O.E at San Francisco International, CA: 6-23-2011

Marriage in Sunol, CA: 8-18-2011

Filed: K-1 Visa Country: Wales
Timeline
Posted

For a start the issue arises whether Shoplifting is a CIMT. May or may not be. One for a Lawyer.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Posted

For a start the issue arises whether Shoplifting is a CIMT. May or may not be. One for a Lawyer.

Yeah, exactly. We're just gonna go ahead with the visa. Better to be safe than sorry. We're just worried about administrative processing and stuff.

K1 Timeline

Engaged in Coventry, UK: 7-25-2010

Filed i-129F: 9-23-2010

NOA1: 9-29-2010

NOA2: 2-18-2011 *143 DAYS AFTER NOA1*

NVC Received: 3-4-2011

Consulate Received: 3-8-2011

Interview: 6-6-2011 *APPROVED 251 DAYS AFTER NOA1*

Visa in Hand: 6-10-2011

P.O.E at San Francisco International, CA: 6-23-2011

Marriage in Sunol, CA: 8-18-2011

 
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