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Ely
Ely, Lawyer
Category: US Law
Satisfied Customers: 100008
Experience:  Counselor at Law. Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hi There, I'm a 26 year old professional working in the

Customer Question

Hi There,
I'm a 26 year old professional working in the City and would like to move out to the USA to learn to fly on an M1 Student Visa. However I was charged with possession of a class a April 2013 and wondered how badly this will affect my chances and whether it will show up on searches and check that the American Embassy will no doubt conduct. I have familial support both in the UK and USA and the flying schools are more than willing to support as well. I didn't have to pay a fine for the conviction or spend any time in a prison and was released after being interviewed etc.
Submitted: 2 years ago.
Category: US Law
Expert:  Ely replied 2 years ago.
Hello friend. My name is ***** ***** welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my reply.
I am sorry for your situation. Just to clarify - were you convicted?
This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 2 years ago.

Yes I apparently have it on my record. I am trying to speak to Public Access Office to understand more. However as I didnt have to pay a fine or do any time I was wondering if it would be seen as a caution?

Expert:  Ely replied 2 years ago.
Thank you.
No, this would still be seen as a conviction in the eyes of USCIS, I am afraid.
Under US Immigration and Nationality Act 212, this is a pretty heavy offense - see here.
Therefore, one may be potentially barred from USA at this point due to it. Therefore, it is best to also send in an I-192 along with any application. See here. This waiver would allow someone to ask for permission to enter on a temporary visa even with such a criminal conviction.
Good luck.
Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear, because this would be unfair to you. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.
I hope this helps and clarifies. Gentle Reminder: Use the reply button to keep chatting, or please rate and submit your rating when we are finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.

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