Can I gain entry into the US with this non-conviction offense?

Question

Earlier this year I was arrested and charged with being a PROHIBITED PERSON IN POSSESSION OF AN UNREGISTERED FIREARM in Australia. The 'firearm' was a plastic toy gun which was sitting in my car that belonged to my 8 year old nephew, but the police pinned me down for it and it went to court. Unfortunately, the judge approved the charges against me but gave me a NON-CONVICTION due to the circumstances and the fact that the gun wasn't even real.

I plan to continue my education in the US, but I know on all the visa applications it asks whether I have been arrested or convicted for an offense or crime etc. Although I was not convicted, should I still tick yes? And to what extent will this affect my entry into the US? If at all I have to meet with a US consular, what should I say? Someone please help me with this. I've had my heart set on America ever since I was young and couldn't think of any other country to spend my time in.

Answer 1

Man they really s***w you in Australia. My friend was arrested for threatening or intimidating with a dangerous weapon. He had a BB gun that looked like a Desert Eagle and was flashing it at cars. Later on when he applied for a security guard license they asked the same question "have you been arrested or convicted" and he said YES and explained. They couldn't even find it on his record! He might as well have said no. He still got the security license though. Since then he has also been able to purchase a REAL Desert Eagle in 50AE. It’s a freaking hand cannon! LoL

In your case it shouldn't even matter though because there is no such thing as an "unregistered firearm" in the United States. They might just laugh it off. The federal government is not allowed to create a firearm registry because we have the second amendment, which states the right of the people to keep and bear arms shall not be infringed. Gun registration is a clear infringement of this right.

And look at the bright side. If they don't let you in legally you can still sneak in our completely unsecured borders and then you will be entitled to unlimited social benefits. Free schooling and healthcare, ect. This country treats illegal immigrants like kings! We have some strange laws here man in the free world.