Minor criminal offense under 18

FirstTime has indicated that this thread is about Visa Waiver Program

Hi FirstTime,

Very specific question and I wish I could offer you some certainties. Unfortunately, you're never sure what sort of information customs or homeland security has access to. First step is to make sure the record has been expunged and get a document stating that from your country. Second, if this really important, you might want to consult an immigration attorney. You don't want to apply for VWP, be denied, and ruin your chances of even getting a non-immigrant visa, and vice-versa.

Because New Zealand is part of VWP, you still need to be approved by the ESTA which is essentially the Department of Homeland security, and even then, the final decision comes down to the customs officers. And if they happen to ask the tough question "have you ever been convicted...." you'll be faced with another decision of lying, or telling the truth. Both of which can lead to a crappy outcome.

Get some consultation, and professional advice. Any answers on these boards will only be conjecture, and i would hate for you to take unnecessary and costly risk. Try some of these sites for more info too:

http://www.cbp.gov/travel/international-visitors/esta
http://travel.state.gov/content/visas/english/visit/visa-waiver-program.html
https://esta.cbp.dhs.gov/esta/WebHelp/ESTA_Screen-Level_Online_Help_1.htm#vwp3

While robbery is a "crime of moral turpitude", burglary by teenagers is not what they are looking for when they use the term "moral turpitude" in the immigration law. Plus, generally all crimes of non-adults are generally sealed once they reach adulthood in the US.

I'm not a lawyer, so here's what real lawyers say about this law:

http://www.nolo.com/legal-encyclopedia/what-s-crime-moral-turpitude-according-us-immigration-law.html

I'd say that you should leave it off your VWP application, and don't even think about mentioning it, as it's essentially unimportant and not worth mentioning. As you say, you were never arrested and never went to court, so there is no record. From the US point of view, you therefore committed no crime.

Enjoy your trip to the US.

"... I was never arrested or convicted of any crime, and never served any reparations..."

Wipe it from your memory bank. Forget it ever happened. It's a complete non issue.

Have fun.

Cheers,
Terry


Minor criminal offense under 18

Minor criminal offense under 18

Minor criminal offense under 18

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