E-3D Visa with Criminal Record

aussieinneed

New Member
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.
 
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.
among all the crime you could commit, you had to choose the narco, and to make things worse, thoses convictions are very recents... You can still try but I doubt you will ever have a visa... American goverment hates drugs
 
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Yeah, that what I thought. 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.
 
Well, I the best is to ask a lawyer, but since the boston bombing, homeland security strengthened the requirement, Mark hunt (a new zeland fighter) got trouble getting a visa to the US because he had a drunk driving conviction years ago, all that because of the boston bombing because before that, he was getting in and out of the US without a problem
 
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