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Which is the visa that you plan to apply for?
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Most likely you will be denied entry on an ESTA. You can apply for a B-2 and you should not need a waiver as long as it is a minor crime with less than 180 days in jail (no time in jail is less than 180 days). So apply for the B-2 and if approved, use that to travel and have with you certified copies of the police report and court disposition.
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Hello Martin. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!