Can i enter the US if i was arrested in Spain?

[amylou31]

Hi, hope someone can give me some advise. In September 2007 my husband was arrested in majorca for crashing a hire car. They locked him up for 3 days and done drugs/drink tests which all cam back negative. They let him out with a piece of paper which just basically said you have been arrested and dont do it again. In March 2009 we went to Malaga and on the way home through passport control he was took away and locked up for the day because of a driving conviction. He was let out that night with no word of what he had done or how to clear whatever it was he was arrested for. He came flew home that night with no problems. We have since been to China, Amstedam and France and havent been stopped again. We are now wanting to got o New York and wondered if this would show up on there computer systems and we can enter using the Visa Waiver program? He would find it hard to apply for a visa as he needs his passport for work (travelling to oilrigs) any help would be very appreiciated!

[Buenchico]

According to the rules on the US embassy website, any arrest automatically bars a person from using the Visa Waiver Program:
http://london.usembas..._and_convictions.html

However the actual wording on the ESTA aplication page is slightly different:
"Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance; or have been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years or more; or have been a controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities?"
https://esta.cbp.dhs.gov/

Since your husband's (alleged) offence does not qualify as 'moral turpitude', he can truthfully answer 'No' to that question.

Further, the US immigration service have no direct access to the criminal records (or arrest records) of any other country except Canada. EU privacy laws bar Spain, and the UK, from opening up such records to outside agencies. Only specific information (e.g. relating to possible terrorists, drug smugglers, etc) can be passed on, on an individual 'need to know' basis.

I can see no reason why your husband would find any difficulty entering the USA under the Visa Waiver Program.

Chris

[amylou31]

Thank You for you your reply. Think we may give it a go and try and enter, we are only going for 4 days and will have a return ticket and a 2 year old so they might just wave us through!! thank u again.