Hello and thank you for using our service. My name is Guillermo Senmartin and I am a licensed attorney and will try my best to help you. Believe me that I will try my best to give you a solution if one exists, but sometimes the law does not have a good one. Also, we have been having technical issues lately. If you respond and you do not see your response, please post again until you can see it because if you cannot see it, I cannot see it to respond.
What are the details in regards to this case? How did he abuse his position? Was there a loss to the victim? In what amount? What was the maximum jail sentence? What was the actual amount of time that he served?
Unfortunately, that’s an aggravated felony under the U.S. immigration laws because it was a fraud that was over a $10,000 loss to the victim and the U.S. does not recognize foreign pardons, so there really is no way that he can get rid of that. Therefore, he is permanently inadmissible and thus ineligible for an ESTA Visa Waiver. However, there is a solution, though not an easy one.
He can still visit by applying for a B-2 visa which can be found here:
And he would need a 212(d)(3) waiver which can either be done by the immigration officer at the interview or after just on their computer (take a look at this link):
or on form I-192 which can be found at www.uscis.gov/forms. You can find more information here:
So it may be a longer harder route to take, but at least there is a possibility.
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Sorry for the late response I was out of the country on holiday with limited access to my mails at that time. Thank you so much for your response.
I have one final part to the question please, if he already has a ESTA which is still valid before the offence and conviction would this still be valid?