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Thanks Dave for your reply. I don't know whether he has made an error by applying for the visa or whether he could have just taken the (huge) risk, but in saying that he is a great kid and he simply wants to do the right thing.
The I94W form does ask if you have ever been arrested or convicted for an offense or crime involving moral turpitude or a violation etc etc, but when you read the conditions under which a waiver can be applied to an Aussie travelling to USA it states that, and I quote, you must apply for a visa if you have ever been arrested "or" convicted for any offense or crime, even though subject of a pardon, amnesty or other similar legal action? Have you ever unlawfully distributed or sold a controlled substance(drug), or been a prostitute or procurer for prostitutes?
The key word is arrested "OR" convicted, and not arrested AND convicted. I can't find any info on if there is an avenue of appeal or whether the US Consulate decision is final.
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