Just another day

[chrisclassic 14]

You will not get a permanent ban unless the thing you misrepresented was a material fact, meaning that it was something, if known, would have led to a denial. A violation like what you have described is petty and likely wouldn't cause you to get denied. So it is not a material fact. Furthermore, when the interviewer sees or suspects a misrepresentation on an application question, he or she must ask you the same question in person at the interview, giving you a chance for a what is called a timely retraction. And if you do indeed retract the misrepresentation, you cannot be hit with a ban.

In other words, be honest at the interview and you'll be fine.

what even if it was accidental on the vwp

you guys seem confident how do you know this

please help me more

explain the material facts for me im so confused right now

thanks alot

[Bugs 455]

http://www.state.gov/documents/organization/87011.pdf

Note 9 FAM 40.63 N6 and 9 FAM 40.63 N4.6

[chrisclassic 14]

http://www.state.gov/documents/organization/87011.pdf

Note 9 FAM 40.63 N6 and 9 FAM 40.63 N4.6

i still dont get it though

how can i prove it wasnt wllfully

all i can say it was an honest mistake and it had completly left my mind

if i had known i couldnt use the vwp i would not have and gone the right route to getting a travel visa

[Bugs 455]

If you tell them this at the interview, it is a timely retraction. That's all they need to determine it wasn't willful misrepresentation and they cannot therefore ban you for misrepresentation.

That's what 9 FAM 40.63 N4.6 is saying.

Even if it was willful though, which it isn't, they still likely wouldn't ban you for it because the misrepresentation is not of a material fact. A material fact is defined in 9FAM 40.63 N6 as a fact that would lead to a denial of your visa request.

For example:

Say you had X information on the application. The consular officer denies you for this X information. This is material fact.

Say you instead hide this X information out of fear of this denial. This is misrepresentation of material fact.

On the other hand, say you have Y information on the application. The consular officer doesn't deny you for Y information. Therefore this is not material fact.

Say you instead hide this Y information anyways, fearing a denial. This is misrepresentation,yes, but not misrepresentation of material fact.

You can only receive a ban for misrepresentation of material fact.

[chrisclassic 14]

so i will get the chance to say

(1) ..... i never knew what a cimt was and thats the truth i never

(2) ..... i forgot about the crime against me as it was very minor

(3) ..... i never filled out the vwp myself it was done by my mother at a travel agent where we booked the holiday

(4) ..... if i had known i could not use the vwp i would of got the right documentation allowing me to travel legally

All these are true statements

it was honest mistakes in all this cluster f**k situation

surely what wont be good enough

[Bugs 455]

so i will get the chance to say

(1) ..... i never knew what a cimt was and thats the truth i never

(2) ..... i forgot about the crime against me as it was very minor

(3) ..... i never filled out the vwp myself it was done by my mother at a travel agent where we booked the holiday

(4) ..... if i had known i could not use the vwp i would of got the right documentation allowing me to travel legally

All these are true statements

it was honest mistakes in all this cluster f**k situation

surely what wont be good enough

1 & 2 yes, if they ask - whichever is the truth.

3 no, they don't care. You signed it.

4 - I don't know much about vwps, but it's irrelevant to whether or not you would get a ban.

[chrisclassic 14]

well it is all the truth in the name of god

do you think i will get this chance to speak up in the interview ??

and would it honestly help my situation

i cant tell you how much im telling the truth on all these facts

thanks for you help

[chrisclassic 14]

1 & 2 yes, if they ask - whichever is the truth.

3 no, they don't care. You signed it.

4 - I don't know much about vwps, but it's irrelevant to whether or not you would get a ban.

So just tell me what are my chances of being accepted my k1 visa ????

please good news fingers crossed

[CaizLurol 36]

I don't understand... were you charged with a crime? If not, then don't worry about it.

No one can tell you what your chances are at being accepted but if you're looking for someone to say something nice, I'd say 50% just to throw a number out there.

[chrisclassic 14]

I don't understand... were you charged with a crime? If not, then don't worry about it.

No one can tell you what your chances are at being accepted but if you're looking for someone to say something nice, I'd say 50% just to throw a number out there.

no i was never charged for it just cautioned as in dont do it again dont be stupid

even though i did not take it with intent to keep as it was a cone

but i have had some great info above i fall under the petty exception and the vwp thing was an honest mistake as the i did not know what a cimt was and it was such a minor offense i comp forgot about it till i got my acpo and was like no live trace ??? then shocked when i got the subject access forms think ohhhhhh balls

[Andy and Pui 16]

How old were you when this happened? were 17 years old or younger?

[chrisclassic 14]

How old were you when this happened? were 17 years old or younger?

i was 21 years old at the time

[Rob & Monika 87]

No charges were filed against you, I don't understand the concern.

[chrisclassic 14]

No charges were filed against you, I don't understand the concern.

accidental missrep from vwp by forgetting about the cimt

but yeah just cautioned no charge no time no fine admitted taking the cone from a hedge 3 weeks after the event was let go with nothing

it was so petty i actually forgot the whole thing

[Rob & Monika 87]

All I see on the ESTA form is this question, which it does not sound like you "misrepresented". You were neither arrested nor convicted.

"Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance; or have been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years or more; or have been a controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities?"

Edited August 8, 2013 by Rob & Monika