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E-3D Visa with Criminal Record

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  • E-3D Visa with Criminal Record

    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.

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