E-3D Visa with Criminal Record

[aussieinneed 0]

Hi,

I am an Australian citizen looking at moving to the US on an E-3D Dependents Visa. My wife got her E-3 Visa approved the other day. However, I have a problem. I have 2 criminal records. The first was from August 2008 when I was 20. I was charged with supply a prohibited drug (ecstasy) and sentenced to 18 months Periodic Detention, 9 months non-parole. The second was from March 2011. I was charged with possess prohibited drug (ecstasy again) and received a $500 fine.

I am now 25, been clean since the last arrest, newly married and never been happier. I’ve finally got my life on track. My wife and I both have amazing job offers in the US. I have a current Australian Passport (and South African if that helps) and a Green Card that expires Dec 2013, however I have not been to the US since mid-2003. I also do not have any relatives living there.

Does the E-3D Visa have the same security check as the E-3 Visa? If so, what will maximise my chances? I’ve read that I will need to apply for a ‘Nonimmigrant Waiver of Inadmissibility’ and a crime free period of at least 5 years is required to be granted with that waiver.

It’s a fantastic opportunity so my wife will be going regardless. Any advice or recommendations would be greatly appreciated.

Thank you.

[Jawaree 717]

Well sounds like U have a GC abandonment

CIMT...moral turpitude

A recent run in with the law (2011)

I'd suggest U start working on rehab, its

gonna take money, time & patience

Any visa U apply for or anyone for U will

have to disclose everything about U, status,

crimes, alien card #,SS, immigration history

You need a good waiver atty go to immigrate2US

website and pose your questions at Laurel chat

(atty)There's also a list of good waiver attys

there. No matter which way U try to get in they'll

have the goods on U so be honest...The chats R

on Wed so post it tonite...good luck dude

[Cathi 5,748]

A criminal conviction for drugs is a crime of moral turpitude, you will be found inadmissible to the US, and you will need a waiver. Your case is not a do it yourself case, you need a good immigration lawyer

[NigeriaorBust 4,087]

It is actually the first crime that will have you in more hot water. Sale of drugs is something that immigration doesn't forgive. Ranks right up there with false claim to US citizenship. The normal standard is one crime more than five years ago. So it may another few years and you will need to hire a good lawyer. DO NOT try to slip in under a different passport, you will only kill any chance you have. Your finger prints will give you away along with your personal data. You committed the crime you will need police reports from all places you lived for more than a year. ( sometimes 6 months )

[aussieinneed 0]

Hey, Thanks for the reply. Haha. Don't worry. I wasn't planning on smuggling myself in. Pretty sure they got my fingerprints for my GC years ago.From the looks of things it best to wait a few years before I even apply. Lets say I do wait and apply around 2016. What do you think would increase my chances? I'm assuming volunteer work/community service, rehab, psychiatrist reports, and an amazing layer.

Jawaree - Thanks for the advice mate. I just posted there.

[Boiler 45,497]

Drug dealing is about as bad as it can get.

I would not assume you would be ever be eligible.