Visa

[sha_sha]

We are due to fly to Florida in 2 weeks time. How would it stand if a member of our party who is 13 has now got a police caution and is on bale. It's not really a great start to the holiday...

Will he be able to go? Or will he have to apply for a visa? I know the wait time is 50 days for the appointment. Is there a quicker way we could get a visa if we have to?

Thank You in advance.

 

[amberandolly]

He's a minor and as such does not have to have a visa - just tick no to all questions on the visa waiver and he will be fine.
Why has he got bail if he has only had a caution? Bail is only for persons awaiting trial, is it not?

 

[Goofyish]

I think you will be extremely lucky to get a visa within 2 weeks.

Reading the rules on not being able to use the Visa Waiver scheme I think you should be ok (see the red bits):

2) Criminal and related grounds.-

(A) Conviction of certain crimes.-

(i) In general.-Except as provided in clause (ii), any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of-

(I) a crime involving moral turpitude (other than a purely political offense or an attempt or conspiracy to commit such a crime), or

(II) a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), is inadmissible.

(ii) Exception.-Clause (i)(I) shall not apply to an alien who committed only one crime if-

(I) the crime was committed when the alien was under 18 years of age, and the crime was committed (and the alien released from any confinement to a prison or correctional institution imposed for the crime) more than 5 years before the date of application for a visa or other documentation and the date of application for admission to the United States, or

(II) the maximum penalty possible for the crime of which the alien was convicted (or which the alien admits having committed or of which the acts that the alien admits having committed constituted the essential elements) did not exceed imprisonment for one year and, if the alien was convicted of such crime, the alien was not sentenced to a term of imprisonment in excess of 6 months (regardless of the extent to which the sentence was ultimately executed).

(B) Multiple criminal convictions.-Any alien convicted of 2 or more offenses (other than purely political offenses), regardless of whether the conviction was in a single trial or whether the offenses arose from a single scheme of misconduct and regardless of whether the offenses involved moral turpitude, for which the aggregate sentences to confinement were 5 years or more is inadmissible.

 

[babystar]

Goofyish could you tell me where you got that information from as that may be a get out clause for a member of my party!!

 

[Lizzybear]

Why has he got bail if he has only had a caution? Bail is only for persons awaiting trial, is it not?

I thought this too, it's supposed to just be a 'slap on the wrist' with no further implications

 

[sha_sha]

It's bail pending further investigation.

 

[Claire L]

At 13 usually for first occassion and admitted offence(s) will get a reprimand and for second occassion and admitted offence(s) would get a final warning but this has to be agreed through the Youth Offending Team at a meeting hence bail is often given. After this it is charge and youth court with bail.

Reprimand and Final Warning are the youth version of an adult caution and each can only be administered once.

If bailed pending further investigation then a reprimand or final warning would not of been administered as that can only be done at the conclusion of an investigation.

Claire

 

[Goofyish]

Goofyish could you tell me where you got that information from as that may be a get out clause for a member of my party!!

From the US Visa Waiver website here:

http://travel.state.gov/visa/temp/without/without_1990.html

Scroll down to this section:

When does a national of a VWP country need to apply for a visa instead of using the VWP?
(Which travelers may use the Visa Waiver Program to enter the United States?)

and then look here:

Has a criminal record or other condition making them ineligible for a visa (see Classes of Aliens Ineligible for Visas).

 

[katiec]

Sha sha

As Claire L states if the member of your party is on bail they would not yet have been issued with a reprimand or final warning. Only jeuveniles(sp!) are eligible for these two outcomes - adults (17 and over) get a caution.

Basically a youngster gets 2 chances and and adult 1.

Neither of them are a criminal conviction - for this you have to be convicted at a court.

A reprimand and final warning are an admission of guilt - it will stay on their record for 5 years and and MAY be used against them if they get in trouble again in that time. (the appropriate adult with them should have been told at the time of interview about these two outcomes - provided guilt (if appropriate!!!) was admitted).

A reprimand will be dealt with by the custody sgt on duty and a final warning is usually issued by appointment with a uniform inspector and a memeber of the Youth Offending Team (well thats how we do it!).

If they have been placed on bail it does not mean that Reprimand of FW wont be given - there may be other matters that are being looked at too.

If I was in your position I would just tick "no" to everything on the form - realistically they are looking for "terrorists", sex offenders etc, not jueveniles(sp?).

Enjoy your holiday and dont worry too much!