visa waiver question

[pepechooboo 0]

Hello,

I'm asking this on behalf of my wife in Japan. She came to the US in January on a student visa and now she's back in Japan but wants to come back but on a tourist visa this time for under 3 months. I know she can get in on a visa waiver program, but she has a criminal record for a traffic accident in Japan. This would mean that she has to apply for a tourist visa which would be a bit troublesome, but I was wondering if this was necessary given that she has a valid student visa she got after having her criminal record reviewed. So my question is if it's necessary for her to apply for a new visa for tourism or if since she has that other visa was approved and valid she can use the visa waiver program.

Thank you in advance, I hope I can get some good advice! Calling the visa people in the US got me nowhere so I'm wondering if I have to talk with cbp or a lawyer but I hope someone here has experience!

[Boiler 45,979]

Does not sound like a CIMT, why do you think it is?

[Teddy B 17,252]

If she misrepresents herself as a student when entering the US, that could be a problem, no?

A traffic accident shouldn't be enough to disqualify her for a tourist visa.

[pepechooboo 0]

Well after spending hours talking to cbp and ins and every other abbreviated government organization I got thru to the office that processes these special circumstances with criminal records. She's supposed to turn in her f1 an apply for a tourist visa since her case was only evaluated for the particular visa she got last time. Seeing it was an honest accident it shouldn't be an issue but I didn't know about turning in the f1. Guy made it seem like not doing so asap is a huge no no which is good to know especially since nobody else told her to do so at the uni.

Well I guess I got it squared away but maybe this might help someone in a similar situation. Right before I talked to the guy I wanted to th lady said to maybe do the esta because that shows if you are ok for the vwp or if you ought to go apply for a visa.

Thanks guys I guess I got this figured out!

[Boiler 45,979]

Thanks guys I guess I got this figured out!

Probably unlikely.