I'm looking over the ESTA application before I have my UKC DB fill it out, and now I'm nervous... he's been arrested (but not convicted) a couple times for drug possession - he's been clean for a few years now, but is this going to affect his chances of getting into the USA? Would it be better if I just continued to be the commuter in this relationship? I do so LOOOOVE spending hours in airports and on planes and all
This is a tough one, because although I think the ESTA form only asks for convictions, the US Embassy website/visa form states that anyone who has ever been arrested for anything, even if not convicted, is not eligible to use the Visa Waiver Program (ESTA) and must apply for a visa in advance of travel. However, he may be able to truthfully answer all the ESTA questions and be allowed to travel on the VWP (but if the ESTA application is denied, he will have to apply for a visa if he wants to travel to the US).
I have a DUI on my record and I was told by the US Embassy that am not eligible to use the VWP/ESTA and I will need a visa for the US for the rest of my life (I was about to apply for a US student visa when it happened, so I had to tell them about it anyway). Drugs offences are taken much more seriously than DUIs in terms of US visas, although I'm not sure what difference it makes if he was never convicted.
If he does need to apply for a visa though, it's likely to take 2-4 months to get it. For visa interview appointments due to an arrest, the waiting time is usually 2-3 months, then it can take a couple of weeks or more for the visa to be issued after that (I called mid-Sept 2007 and the earliest appointment was late-November 2007 (student visa), and I also called mid-April 2009 and the earliest they could fit me in was July 1st 2009 (visitor visa)).
From the US Embassy website (
http://www.usembassy.org.uk/cons_new/visa/niv/add_crime.html):
Additional Administrative Processing : Criminal Convictions
Under United States visa law, people who have been arrested at anytime are required to declare the arrest when applying for a visa. If the arrest resulted in a conviction, the individual may be permanently ineligible to receive a visa. In order to travel, a waiver of the permanent ineligibility is required. The Rehabilitation of Offenders Act does not apply to United States visa law. Therefore, even travelers with a spent conviction are required to declare the arrest and/or conviction.