What is the penalty for dual US citizens who lie on the ESTA form in order to enter under VWP using their second passport?

score:3

Accepted answer

Your answer lies right here. A fine, without a defined maximum. Now of course if the perpetrator went on to commit an act of terrorism, then the imprisonment would come into play.

https://www.law.cornell.edu/uscode/text/18/1001

(a) Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfullyβ€”

(1) falsifies, conceals, or covers up by any trick, scheme, or device a material fact;

(2) makes any materially false, fictitious, or fraudulent statement or representation; or

(3) makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry;

  • shall be fined under this title, imprisoned not more than 5 years or, if the offense involves international or domestic terrorism (as defined in section 2331), imprisoned not more than 8 years, or both. If the matter relates to an offense under chapter 109A, 109B, 110, or 117, or section 1591, then the term of imprisonment imposed under this section shall be not more than 8 years.

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