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Should i file a "Waiver of inadmissibility"? What are my chances of overturning the denial for visa?

Las Vegas, NV |

I just got denied by the US consul of Melbourne, a Visa Renewal E3 for Australians. Due to being arrested in Las Vegas for possession of a controlled substance.

Facts: I did not know what the substance was, a friend gave it to me to hold in a club. Instead of risking trial i please guilty to ITS interstate commerce. I paid a $300 fine, did the drug/alcohol course and the case was closed.

Should i file a "waiver of inadmissibility"? What are my chances of appealing to the AAO?

recorded charge: Misdemeanor NRS 454.351 Drugs which may not be introduced into interstate commerce; penalty; exemptions.

Attorney Answers 2

  1. Forgive my ignorance, but what exactly were you convicted for? What was your sentence? If you have a trafficking related offense you have a big problem. Generally convictions that reference "interstate commerce" are trafficking related.

  2. What was the drug? Simple possession of marijuana less than one ounce is waiveable, anything else is not. Whether, they renew your visa is something else.

    Robert West

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