Visiting from Italy

[payxibka 10,044]

If you were previously denied a visa, or previously refused entry to the United States, or previously removed from the U.S., your ESTA application will most likely be denied.

[Boiler 43,600]

5 minutes ago, payxibka said:

If you were previously denied a visa, or previously refused entry to the United States, or previously removed from the U.S., your ESTA application will most likely be denied.

Some of those do not even allow you to use the VWP others may cause issues getting ESTA approval.

[payxibka 10,044]

Just now, Boiler said:

Some of those do not even allow you to use the VWP others may cause issues getting ESTA approval.

Taken directly from the CBP website so I assume nothing as to its accuracy

[Boiler 43,600]

Taken directly from the Consulate web site and FAM.

[az2014 381]

2 hours ago, payxibka said:

If you were previously denied a visa, or previously refused entry to the United States, or previously removed from the U.S., your ESTA application will most likely be denied.

'Most likely' being the key words. A previous visa denial does not stop you being eligible for the VWP the same way for example an overstay does.

 

OP are you sure the denial was due to the arrest? Did they not recommend him for a waiver and/or ask him to bring a police certificate?

[Italian_in_NYC 259]

Italy is not that strict on prison staying (if convicted), but the crime will show on your record. If proceedings are pending (you are not considered definitely convicted until the third degree of judgment - if you decide to appeal) they will show on another police report (Certificato carichi pendent - basically a pending charges certificate report). No idea for a tourist visa, but both certificates are required when applying for an immigrant visa from Italy.

Is he an Italian citizen? If so, why didn't he try ESTA?

Edited January 8, 2018 by Italian_in_NYC