VWP Question answered wrong
Upvote:1
Unless my source for the ESTA question is incorrect, it is
Have you ever been arrested or convicted for a crime that resulted in serious damage to property, or serious harm to another person or government authority?
Since the crime of handling stolen goods (receiving) does not seem to involve serious damage to property or serious harm, it was probably fine to answer "no" to that question.
The DS-160 question for a nonimmigrant visa, however, is
Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty, or other similar action?
Because the wording of the question in the visa application is different, it is entirely reasonable to answer the question differently.
How much trouble could he be in for this?
Did he answer "no" to the DS-160 question? If so, he could be in a good deal of trouble, since misrepresentation results in permanent inadmissibility.
If he answered "yes" to the DS-160 question, then it probably depends on the mood of the visa officer. In a worst case scenario, they could argue that he was being deceptive on his prior ESTA application and find him inadmissible. More likely, they will accept that it was reasonable for him to conclude that the crime did not fall within the scope of the ESTA question.
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Source: stackoverflow.com
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