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Filed: Country: United Kingdom
Timeline
Posted

Hello,

I have a friend who would like to visit the US. He is a British citizen. He was arrested for drunk and disorderly conduct many years ago so initially we had thought he would probably have to apply for a b2 visa instead. When I looked at the VWP website he seems to qualify still because he was never convicted of anything. He actually applied for a police certificate which we assumed he would have to take to a b2 interview but it says he has absolutely no record of anything. In fact on the certificate it says for immigration purposes. My question is should he apply for VWP instead of b2? He seems to qualify but I am not sure how to advise.

Filed: Country: China
Timeline
Posted

Based on the VWP and the ESTA guidelines, his arrest doesn't fall under any of the reportable issues on the ESTA application. I would say go ahead with the ESTA application and keep the police certificate with him. Based on what you have posted, he can truthfully answer no to the criminal history questions.

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