E-3D Visa with Criminal Record

[aussieinneed]

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.

 

[The Rok]

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.

I think your wife will be going alone as your crimes were on the serious side and committed within 5 years. YMMV.

 

[Hvr]

Speak to an immigration lawyer because as The Rok has noted you have admitted to recent and serious crimes that will cause the Americans great consternation.

Possibly the best suggestion I can make is to get a good internet connection so you can Skype your wife.

 

[aussieinneed]

Yeah, I thought as much. I'll book in to see one as soon as I can. 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, etc?

 

[harvyk]

No to be too harsh, but drugs and international travel do not go together. Been done for it in 2008 would be bad enough when trying to get Visa's, but to be done on a drug related offense just 3 years later is pretty much going to nix any chances you have.

I'm with the others, make sure you both have Skype, I doubt you'd even be allowed to travel over there as a standard tourist, let alone travel there to work.

If you haven't put any sort of application in, hold off until 2021 (assuming those offenses are part of the spent convictions scheme), because if you tell the US about the convictions, they may end up waived here, but the US will never forget.