# E3 Visa



## mortalkinetics (Sep 29, 2010)

Hi there, not sure if I have the right forum. I'm an Australian expat living in Hong Kong and i've been offered a job in New York on an E3 visa.

Which is great, except for a small snag. My wife (trailing spouse) has a criminal record in Hong Kong for a minor office (i.e. small fine, no other penalty). It has been four years since the conviction. Under the rehabilitation of offenders act it has been waived (for most western countries except I think the US doesn't follow this act).

Which probably means there will be issues getting her a trailing spouse visa.

Has anyone ever had this issue and understand what the odds are of a successful trailing spouse visa for her?

I'm a white collar professional guy and i'm sponsored so i'm not sure how much attention they will pay to her.

Any advice appreciated.

_mk


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## Fatbrit (May 8, 2008)

mortalkinetics said:


> Hi there, not sure if I have the right forum. I'm an Australian expat living in Hong Kong and i've been offered a job in New York on an E3 visa.
> 
> Which is great, except for a small snag. My wife (trailing spouse) has a criminal record in Hong Kong for a minor office (i.e. small fine, no other penalty). It has been four years since the conviction. Under the rehabilitation of offenders act it has been waived (for most western countries except I think the US doesn't follow this act).
> 
> ...


The offense is unlikely to be much of an issue provided it didn't involve drugs.

However, it needs to be fully declared together with all the relevant documentation.


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## mortalkinetics (Sep 29, 2010)

Fatbrit said:


> The offense is unlikely to be much of an issue provided it didn't involve drugs.
> 
> However, it needs to be fully declared together with all the relevant documentation.


Unfortunately yes, it did involve drugs. A small quantity, hence no major penalty (the fine was less than smoking cigarettes in a public place)....but a criminal conviction non the less.

Guess i'll have to see an immigration consultant to get a firm answer.

Thanks for the help.


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## Fatbrit (May 8, 2008)

mortalkinetics said:


> Unfortunately yes, it did involve drugs. A small quantity, hence no major penalty (the fine was less than smoking cigarettes in a public place)....but a criminal conviction non the less.
> 
> Guess i'll have to see an immigration consultant to get a firm answer.
> 
> Thanks for the help.


You need a US immigration *attorney* rather than a _consultant_: ailalawyer.com. You can consult by email or phone, so it doesn't really matter where they are based.

Waivers are available for non-immigrant visas (e.g. an E3). But if you intend to stay with the company and for them to petition you for permenant residence, a drug offense would permanently scupper your spouse's eligibility. There's one exception -- 30g or less of marijuana. Anything else and under current law she will never be able to gain residency.


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