Visa Waiver Program & moral turpitude - what's the worst that can happen...?

[MarkRae]

A work colleague is due to visit the USA in February on business and is concerned about the Visa Waiver Program as he has a conviction for theft. This is "expunged" as far as UK law is concerned under the Rehabilitation of Offenders Act, but would preclude him from entering the US under the Visa Waiver Program because the offence of theft is considered as moral turpitude.

Reading the many, many posts in here on and around this subject, the general consensus seems to be to tick the 'No' box on the VWP form and all will be well. Everyone seems to say that US immigration has no direct access to EU criminal records, so they'd have no way of knowing anyway.

However, if by some extremely unlucky set of circumstances my work colleague was found out, what would be the "worst possible scenario"? By that, I mean would the US authorities consider that he was trying to enter the country unlawfully, and would that be grounds for arrest and, perhaps, conviction? Or would he simply be refused entry and returned to the UK on the next available plane?

[jno]

I think you just get refused entry as you're not entitled to a visa. That would be very unlucky, though.

[dzug]

You'd get refused entry and held in custody (possibly in chains, though that may be an urban myth) until they could deport you. You would disqualify yourself from using the visa waiver program ever again and probably from getting a visa for a goodly number of years.

[MarkRae]

Thanks both - I'll pass your thoughts on...

[Meridianman]

I believe the guys are right.

It's always a friend though isn't it??!