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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7569
Experience:  BA (Hons), PgDip, Practising Solicitor
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if i had a drug conviction in 1996 would that affect my entry

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if i had a drug conviction in 1996 would that affect my entry to the usa?
Hi,

What was the conviction and what sentence did you receive?

Tom
Customer: replied 4 years ago.

possesion with intent and supply of amphetamines, convicted 4 months for each offence that ran concurrant

What kind of quantity are we talking about please?

Tom
Customer: replied 4 years ago.

about 15 grams

Hi

Thanks for your patience.

The ukba has a general ground to refuse all visas under Immigration Rule 320(18) to refuse any applications of this type if the person has been convicted of a crime which, if convicted in the UK, would be sentenced to 12 months or more custodially (ie. in prison).

The rules on sentencing are complicated and there are lots of balancing factors. Yours appears on the face of it to be very much borderline. The downside of it is that it is potentially sentenceable greater than 12 months. The upside is that it is a long time ago.

You would have to mitigate the offence by providing your own personal statement of you rehabilitation and continued good behaviour and also provide character references. You should instruct a UK based solicitor to do this for you. By doing this I would say you have a good chance of getting a visa, if you don’t then I would put your chances at 50:50 even if you prepare your application well.


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Kind regards,


Tom
Customer: replied 4 years ago.

but the combined sentance was only 8 months max?

Hi,

It doesn't matter. It's considered on the basis of if the crime had been committed in the UK. It's irrelevant of where the crime is actually committed.

Please rate my answer.

Tom
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