Will a conviction, but no jail sentence, render me ineligible for the Visa Waiver Program?

rockingworder

New Member
I'm from one of the countries that has a VWP with the United States. In 2003, I was convicted of possession of child pornography, but I wasn't given a jail sentence, and I was ordered to leave voluntarily.

Since then, I've never attempted to visit the United States again, and I'm hoping to attempt a visit later this year.

I've been looking this up, and I'm getting some conflicting information. According to Section 212(a)(2)(A)(i),

"a crime involving moral turpitude (other than a purely political offense) or an attempt or conspiracy to commit such a crime, or of the Immigration and Nationality Act" would render me inadmissible. However, there's an exception clause in 212(a)(2)(A)(ii) that says:

(II) the maximum penalty possible for the crime of which the alien was convicted (or which the alien admits having committed or of which the acts that the alien admits having committed constituted the essential elements) did not exceed imprisonment for one year and, if the alien was convicted of such crime, the alien was not sentenced to a term of imprisonment in excess of 6 months (regardless of the extent to which the sentence was ultimately executed).

Where does this leave me?
 
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