> The Embassy default is to tell you to apply for a visa as that is the
> only way they will consider the issues, they will not give advice
> outside of that process.
>
> I do not know if you can do this, but on the assumtion they agree that
> you can continue to use the VWP but do not qualify for a B, and can
> then withdraw the application, then at least you will not have the
> need to declare a refused visa.
>
> You might just get a B of course.
>
> The Lawyer, well he will not be the one at the POE, and its their view
> that counts, not his, allthough I agree with it.
>
> The downside of the refused visa is that you usually end up in
> Secondary, and then of course you may be asked why you applied for one
> in the first place.
This is an interesting article (on background checks) but it has some
relevance here:
http://www.laborlawtalk.com/showthread.php?t=27430
It appears that the Immigration guys use a system called NCIC to
check criminal records (and a second one if you are from a likely
terrorist country). I don't know if DUIs are in NCIC (google yields
varying answers).
Lying to the BCIS is a sure fire way NOT to come back to the US. And if
they are doing NCIC checks and this in there, you will get caught.
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