What will happen to the visa with a criminal conviction? 2 Answers as of May 04, 2011I have dual citizenship in Australia and the UK (British by birth right) My employer has expressed an interest in transferring me on the E3 visa to our sister office in the US. However, two years ago I was arrested at a music festival and charged with drug possession. It was a small amount. Under advice from my lawyer I pleased guilty and received a Section 10 "no conviction recorded" result. I am now extremely anxious on how this will effect my E3 visa application - or my relationship with my employee - if this is exposed. I have been quoted $9000 USD from an immigration firm based in the states to take my case. Does a positive outcome with the visa seem achievable and should I seek representation in Australia over the US?
World Esquire Law Firm | Aime Katambwe
I think that you will be alright since most of the needed information regarding the E-3 application will depend on the documentation provided by your employer coupled with your credentials. As far as I know, only actual convictions of criminal offenses need to be disclosed. I don't know what a Section 10 "no conviction recorded" means in the US, but if it is the equivalent of a dismissal, an infraction or a misdemeanor then you have nothing to worry about. It would help to know what "small amount" means in the jurisdiction of your arrest. Anyone can be charged with anything, the question is whether the person receives a conviction from that charge. $9,000 seems a bit steep for an application that is the equivalent of an H-1B for all intents and purposes. However I offer no opinion on it since I have no idea what the firm will do for you as specified in your contract. My only opinion is that because the E-3 depends on US law, I believe US lawyers should be used. Good luck!
Answer Applies to: California
Devore Law Group, P.A. | Jeffrey A. Devore
From what you describe you have a controlled substance conviction for U.S. immigration purposes and this renders you inadmissible to the United States. You will need to apply for a waiver of inadmissibility in conjunction with your visa application. Whether this is a viable option requires more facts. The fact that you are asking this question after consulting with an immigration attorney already leads me to the conclusion that you do not have confidence in what the attorney told you. I therefore suggest you obtain a second opinion from a qualified and experienced immigration attorney. Based upon the fact that you are dealing with U.S. immigration law I would suggest you are better off with counsel in the United States who deals with these issues on a regular basis.
Answer Applies to: Florida