Im sorry if this is a long complicated post but I find myself in a bit of a situation. My wife and I have visited the US once before 2 years ago. She was on esta and I am a citizen. When filling out the esta 2 questions stood out. This is because my wife has an encounter with the police when she was still a juvenile. Long story short she was hanging out with friends and a classmates parent thought it was suspicious and that drugs were involved and she called the police. She was never arrested but had to visit the police station in the coming day and was questioned. She never admitted guilt and no marijuana was found. She got a letter stating the charges were dropped and that no action would be taken. He two questions that concern us now are:
1. Have you ever been arrested or convicted for a crime that resulted in serious damage to property, or serious harm to another person or government authority?
To this we answered no because it seems like a minor crime and doesn’t fall under any of these categories. Additionally from our research possession convictions aren’t a CIMT.
2. Have you ever violated any law related to possessing, using, or distributing illegal drugs?
To this we also answered no because she never violated any law.
We are now concerned because we would like to get an IR-1 visa and come live in the US. It seems like from the situation we described above she is not inadmissible because she was a juvenile, not convinced, no admission of guilt, and no evidence. However we are aware we must disclose this to the embassy when we apply for the visa.
Our main concern is that we misinterpreted the ESTA questions that we answered on her previous visit. From looking online there are mixed opinions to when you must click yes to the first question. We are worried that we unintentionally misrepresented on her ESTA and because of this she will be permanently banned from the US if we apply for an IR-1 visa. Does anyone have any insight into this issue?