I have a criminal record

[steeley]

I have a criminal record regarding holding up a shop with a B.B gun when i was 13. How would this effect me travelling abroad to the U.S for a holiday?

[dotty.]

what was the precise conviction and sentence and how long ago?

[daffy654]

A conviction for armed robbery would prevent you getting a visa to enter the USA.

[mccfluff]

how old are you now?

[mrs.chappie]

What is a B.B gun?

[Mamyalynne]

Ball bearing.

[mrs.chappie]

Thanks mammy.

[MarkRae]

http://bbgunsuk.co.uk/

[mccfluff]

i love seeing everyone's names come up under the heading "i have a criminal record"

[dotty.]

they were really popular around 2001, my son bought one when we were in magaluf that year,

[sir.prize]

Odd isn't it mccfluff? And they always dig out AnswerBank for advice!

[mrs.chappie]

Thank you MarkRae.

[dotty.]

reading Mark's link it says over 18s only, but my son was 14 and younger kids used to have them back then but i think there was a alot of accidents and the government brought in legislation, the one my son had used little bright yellow pellets and i used to mind them all over the garden!

[alavahalf]

It wont help steeley enter the states... but BB refers to the size of shot the gun is capable of firing... it's not ball bearing.

[Mamyalynne]

I do apologise, always thought they were.

[dotty.]

no ball bearings are metal, the pellets in the one my lad had were hard plastic

[Buenchico]

Sorry, Daffy, that's not wholly true.

While a conviction for an offence of 'moral turpitude' normally creates an automatic bar to admission into the USA, Section 1182 (2) (a) (ii) of the US Immigration and Nationality Act provides an exemption for anyone who only committed a single offence of moral turpitude, while still a minor, provided that the offence took place more than 5 years before the application for a visa. (If the minor was sentenced to any form of custody, the 5 year period would commence from their release from such custody).

So, Steeley, if you have no other convictions (or any other form of criminal record, such as a caution or reprimand), you're not automatically banned from entering the USA. (However, even a simple reprimand for nicking a Mars bar would be enough to count as a second offence of 'moral turpitude').

You're not eligible to travel to the USA under the Visa Waiver Program (with an ESTA), so you'll have to go through the tedious process of applying for a visa. That involves obtaining a copy of your police record', from your local police force, and booking & attending an interview at the US Embassy in London. You should allow several months for the whole process. (The police have up to 40 days to respond to your request but they've actually been known to take longer. Then there are other delays as well).

Since you're not automatically barred from entering the USA, your visa application might not have to be referred to Washington. (That's automatic when someone is barred, as their visa application is treated as an application for a 'waiver of inadmissibility'). However it could still occur. If so, the shortest total processing period would be around 5 months. (I've seen a wait of 15 months reported here on AB).

Since your conviction was as a minor, you might well get a visa, but it would still be extremely unwise to book any travel until such time as you had.

18:24 Sun 13th Mar 2011

[Dee Sa]

Judge Judy hates BB guns !