Hello. I hope you aren't having techincal difficulties that you have viewed my response and have not responded to me and I hope I did not offend you with my response. That was not my intention. Believe me, I am on your side and want to help, but the immigration officer that deals with your son will not be on his side and will not want to help your son. So what I explain now is for his benefit, to keep him out of trouble.
Ok. The problem is that the ESTA is supposed to be a way for persons that have really no issues to be able to easily enter the U.S. The U.S. should send people to that link that I gave you so that they understand what a CIMT is. It would keep people out of a good deal of trouble. Unfortunately, they do not, but that won’t really help your son much. While it may be possible for him to get a B-2 tourist visa, depending on whether or not an “admonishment” is or is not considered a conviction under U.S. immigration law, he is ineligible for an ESTA. So let’s go over what could happen at the Port of Entry.
There is a small possibility that they not see the arrest and nothing happens to him and he is let into the U.S. I highly doubt this will happen because after 9/11, our governments are very good about sharing such information. More than likely, one of the following could and probably would happen:
1) They will allow him to withdraw his request to enter the U.S. and he can go home, no penalty. (Not likely)
2) They will not allow him to withdraw his request to enter the U.S. and will order him excluded. This has a 5 year penalty that he cannot come back unless he gets a very hard to get waiver. (Also not likely, but more likely than #1)
3) They will not allow him to withdraw his request to enter the U.S. and they catch him in a lie and they exclude him with a permanent bar due to fraud and/or misrepresentation and with that charge he cannot come back unless he gets a very hard to get waiver. (Most likely, the “lie” or “misrepresentation” being his answer to that previous question)
So what should he do at this point? He’s probably going to have to forget about his trip, unfortunately, and but he should still apply immediately for a B-2 visa. Why? Because if he doesn’t use the ESTA and applies immediately for a B-2, he may be more convincing to an immigration officer that his response to that question was simply a misinterpretation and not an intentional misrepresentation. If he can convince an immigration officer of that, then he may be able to get a B-2 with no issues if he otherwise can qualify. If he cannot convince the immigration officer, not all is lost. At that point, 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:
If he wants to try to expedite the B-2 to see if he can still make his trip, here is a link with information in that regard:
I am truly sorry for the bad news but I ask you to understand a few things at this point. First, I am not given a salary to respond to your queries. I am only compensated if you rate me positively. Second, most people when they hear bad news want to blame the messenger. Please do not shoot the messenger. Third, I have given you a lengthy explanation, backed it up with official U.S. government links and other non-government articles, given you an idea of what could happen, what would most likely happen, and how to go about resolving the issue. That your son may be out of time to go on his trip is an element that I have no control over, but I also provided you with information on how to at least try to expedite the case. Please let me know if you have additional questions and please do not forget to rate my service to you positively (not the state of the law) as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. And don't forget that bonuses are always appreciated! Thank you.