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frantzgregory, Lawyer
Category: Immigration Law
Satisfied Customers: 780
Experience:  Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
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I am a US citizen currently studying in London until October

Customer Question

Hi there,
I am a US citizen currently studying in London until October 2019. My plan after my visa is up is to apply for a fiance visa. I have a pending violation in America where I was charged with a driving while intoxicated violation and I am to be tried in the next two months. If I am convicted, it will show up on my criminal record. After doing some research, I have read that having anything in my record would make me ineligible to attain a visa. I am currently trying to get the case dismissed with my solicitor in the states, but she says they wont give her any kind of wiggle room with my case unless there is provided documentation/clear evidence of the effect of any convictions and punishments on my visa. Any help with this situation would be extremely appreciated. Thank youSteve
Submitted: 1 month ago.
Category: Immigration Law
Expert:  frantzgregory replied 1 month ago.


Thank you for your enquiry.

Please refer to the link where the guidelines indicate that your visa would be refused automatically under mandatory grounds where within the 24 months preceding the date of the application, you have been convicted of or admitted an offence for which you have received a noncustodial sentence or other out of court disposal that is recorded on their criminal record. The key here is " within 24 months and recorded on your criminal record". However, if it wasnt recorded the Home Office may still refuse under discretionary grounds but at least it is not automatic.

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