How can we visit the States?

[Racka]

I would like to ask a couple of questions I have about visiting the States.

My husband and I live in Spain and want to visit his relatives in Chicago. He was born in Mexico but he is a Spaniard now. I know we can travel under the VWP, but his situation is different. He lived ilegally in the States for about 12 years. He was never deported or put in jail, but he was stopped a couple of times for DWL. How should we try to visit? Just getting ESTA approval, and risking being denied at the border? Getting a B-2 visa? Applying for a Waiver of Inadmissibility?

I would really appreciate some help with out special situation, since he woul really love to see his family.

 

[FlyingRon]

Did any of his DWI's involve an accident?

 

[PaulMass]

His unlawful presence for more than one year subjects him to a ten year bar to reentry.

Driving without a license is not a crime involving moral turpitude, so should have no bearing on his admissibility. As long as he's been outside the USA for ten years, he may be admissible.

 

[FlyingRon]

His unlawful presence for more than one year subjects him to a ten year bar to reentry.

He could be banned, but apparently he has not (yet) been so.

Driving without a license is not a crime involving moral turpitude, so should have no bearing on his admissibility. As long as he's been outside the USA for ten years, he may be admissible.

There are two issues here. If he is admissible and whether he is admissible via the VWP. I asked about an accident because while driving while suspended isn't a concern, DUI if it lead to property damage or injury will kick you out of ESTA (though you may be able to be found eligible via the normal VISA process.

 

[PaulMass]

DUI if it lead to property damage or injury will kick you out of ESTA

Why do you insist that OP had any issues with DUI? The original message mentions DRIVING WITHOUT A LICENSE (DWL).

 

[Racka]

Hello again:

No, he didn´t have any accidents while driving in the States. He just didn´t have a driver´s license because he was an illegal. So I don´t know how much info they have about him. He has a Spanish passport now, but I don´t know if they would know that he´s the same person.

So I really don´t know how to visit his family. Just ESTA approval, lying about not having been there before? B2 visa? Waiver of inadmissibility?

We´re so lost!

 

[FlyingRon]

It's simple. He answers truthfully to the ESTA questions. If it refuses to approve him, then his only option is to apply for a visa. If that is denied, it would depend on the reasons stated for the denial as to what your next option would be.