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Ely, Lawyer
Category: US Law
Satisfied Customers: 103390
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: 3 years ago.
Category: US Law
Expert:  Ely replied 3 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 3 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 3 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.
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