# AUS to USA



## faithhope (Jul 21, 2013)

Hi, about to start the process of obtaining a green card and would appreciate any help you could offer.
Facts:
*I'm an Australian citizen, born in WA
*My wife is a dual U.S./AUS citizen - we have been together 16 years - married 13 and have lived in Australia all of those years.
*We are planning to move in June 2014 to the USA
*I have a R B1/B2 visa, have visited the USA every year for the past 8 years
*We will be living on my wife's parent's property and she will obtain a job when arriving. We have my mother and father-n-law's full support.
*We do have a condo in the U.S. as well as land in our names and some savings if that makes any difference. 
Tricky part:
*I was arrested and fined a $150 twenty years ago for marijuana use which has been a spent conviction here for years. U.S. immigration is fully aware of this.
*3 years ago I had a traffic offense for BAC 0.08% and was fined. 
This is a little of our story....hope it contains enough background info.
Thanks in advance for your advice.


----------



## Davis1 (Feb 20, 2009)

spousal visa 
Immigrant Visa for a Spouse of a U.S. Citizen (IR1 or CR1)


----------



## twostep (Apr 3, 2008)

Check with the US Embassy closest to you if it processes DCF (direct consular filing).


----------



## BBCWatcher (Dec 28, 2012)

Australia does not have direct U.S. consular filing as I write this, so forget that idea.


----------



## faithhope (Jul 21, 2013)

Hi again,
To any of you that can help we are in a desperate situation. From what I'm discovering on the internet because of what I mentioned in my first post about the "tricky" business of a marijuana conviction 20 years ago with a small fine being the only outcome it is coming back to haunt me according to the U.S. immigration laws. Unless I can prove the amount in my possession was under 30 grams ( which there is no amount recorded on the record I have just the fine ) I am permanently barred from obtaining a green card. Can anyone recommend a immigration lawyer that they know who is an expert in the area regarding waivers in this kind of situation? Your help is so much appreciated.


----------



## twostep (Apr 3, 2008)

First - where did you come up with the "30 gram rule"?


----------



## faithhope (Jul 21, 2013)

Found that information scrolling through different sites on the internet...was up all night due to stress so just kept on researching. Also spoke on the phone to a immigration lawyer here in Australia yesterday that felt our situation was rather hopeless re; this matter. Hoping that there is better news today and we can find the help we need. Look forward to getting your feedback. Thanks so much.


----------



## BBCWatcher (Dec 28, 2012)

Is the police arrest record retrievable? How about the police evidence log?


----------



## Davis1 (Feb 20, 2009)

(B) Controlled substances.- 



(i) Conviction.-Any alien who at any time after admission has been convicted of a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), other than a single offense involving possession for one's own use of 30 grams or less of marijuana, is deportable


----------



## faithhope (Jul 21, 2013)

I am trying to get a court extract at this very moment. They had no information at the courts we contacted but we are checking with the police department about that police evidence log. We need to be able to prove that it was 30 grams or less and as it happened 19 years ago and I have a clean record since there could be hope. Will know more when we can get our hands on my arrest record at the time of the offense. My record has been spent for years so never thought in a million years that this small offense would effect my wife and I's future is such a detrimental way. We also have my family and friends to consider who would be devastated as well. I'll let you know the outcome when we know more. Thanks again for your help and guidance.


----------



## twostep (Apr 3, 2008)

Davis1 said:


> (B) Controlled substances.-
> 
> 
> 
> (i) Conviction.-Any alien who at any time after admission has been convicted of a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), other than a single offense involving possession for one's own use of 30 grams or less of marijuana, is deportable


Thank you Davis1!
Interesting to see "gram" in in such a context.


----------

