I was recently deported from the United States. I overstayed there without a visa for a long period of time, I was arrested last year and charged with 6 felonies but all my charges ended up getting dismissed & i was not convicted of anything, but due to my immigration status i was deported back to my home country. I would like to know if i am admissible to travel to Spain? I have a family member that lives in Barcelona and offered me to go stay with her. I have a Honduras passport and have read that it is not necessary to have a visa to travel to Spain for honduran citizens.
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1How feasible this is depends on what nation's passport you hold. Do you require a visa to enter Spain? Either way, unless you have a pending job offer in Spain, you cannot stay more than 90 days in any 180 day period.– OzzyCommented Aug 13, 2019 at 22:39
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1The only way to be sure is to apply for a visa if you need one to enter the Schengen area. If you're asked about your immigration history, or the charges you faced (you might be asked if you were charged with any offences, in addition to whether you were convicted) you should reply honestly. I wouldn't rate your chances highly, but if you lie and are found out you can be sure of a refusal and probably a lengthy ban.– user90371Commented Aug 13, 2019 at 22:40
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Unlike the UK for example, the Schengen visa application form does not ask about non-Schengen immigration history or criminal charges/offences exteriores.gob.es/ContenidoReutilizable/…– TravellerCommented Aug 13, 2019 at 23:10
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1 Answer
As a Honduras citizen, you don't need a visa to enter any country of the Schengen area, including Spain. You can stay for a max of 90 days, following the 90/180 rules.
The principal problem you might encounter is that, with a overstay in your historial, and being invited by a familiar to stay with her, the officer at the immigration interview might see you as likely to overstay again, and might deny you entry. To get a better chance of entering, you should bring evidence of strong ties to your country, a good financial situation, and a return ticket.
If, on the other hand, you're planning to stay longer, you'll have to get a residence permit. For that, you need to show that you have no criminal records for 5 years in your previous countries of citizenship, but this shouldn't be a problem, as you were not actually convicted. Note that there are other requisites, and this might not be an easy path even if possible.
Finally, let me echo user90371's comment: if you get asked about your immigration history, tell the officer the truth. Getting caught lying will probably lead to a ban, and many complications in the future.
