I assumed I needed one because I read online. I did my waiver and when I went to the border I asked them to search me and look at my package and for them to determine if I needed one. He looked and said yes you need one. On my application I put down I never tried to enter and was never denied. I was granted a 5 year the first time and it was approved fast. I believe it was because I never illegally tried to enter and was never denied. They must see those things negatively. Trying to enter a country you are pretty sure you are not allowed to enter is just silly. I would call the border and ask. I personally would never want a border denial on my record. Just saying.