Australia Forum banner
Status
Not open for further replies.
1 - 9 of 9 Posts

·
Registered
Joined
·
8 Posts
Discussion Starter · #1 · (Edited)
I made some poor choices earlier in life. (10 years will be approaching in 2 months). I understand the gravity of what I am up against due to a failed character test.

My girlfriend of 4 years (she was back and forth for the first 2 years and lived with me in the USA now for 2 years) is very homesick. To compound the issue, her mother is not doing well. As this is the case, she needs to return to Australia. I know the chances are not great, but I want to do absolutely anything I can before our future is torn away. I could never forgive myself if I didn't exhaust every option available. It is devastating. I am a productive member of society. Work in finance. I'm licensed by both state and the federal government in a highly regulated industry with strict background check requirements. That said, I will without a doubt not pass immigration standards from the start.

At this point, as I know I will fail the immediate test, I want to consult with someone and prepare it right the first time. (from my understanding this is the best way to go).

I am really just looking for an aggressive/capable attorney that will give me the greatest likelihood of success. It is impossible to weed through the misc ones that pop up in internet searches. If I am going to pay the $200+ initial consult fee or the thousands of dollars an attorney will charge me, I'd at least like to know I have opted for skilled representation. I feel like many of the ones you see online just submit forms in a generic manner as they will likely never meet their clients.

Thank you in advance.
 

·
Registered
Joined
·
7,023 Posts
You are looking for a Registered Migration Agent, one based in Australia.

What type of offences were you convicted and was a term of 12 months or more given?
 

·
Premium Member
Joined
·
6,612 Posts
I made some poor choices earlier in life. (10 years will be approaching in 2 months). I understand the gravity of what I am up against due to a failed character test.

My girlfriend of 4 years (she was back and forth for the first 2 years and lived with me in the USA now for 2 years) is very homesick. To compound the issue, her mother is not doing well. As this is the case, she needs to return to Australia. I know the chances are not great, but I want to do absolutely anything I can before our future is torn away. I could never forgive myself if I didn't exhaust every option available. It is devastating.

At this point, as I know I will fail the immediate test, I want to consult with someone and prepare it right the first time. (from my understanding this is the best way to go).

I am really just looking for an aggressive/capable attorney that will give me the greatest likelihood of success. It is impossible to weed through the misc ones that pop up in internet searches. If I am going to pay the $200+ initial consult fee or the thousands of dollars an attorney will charge me, I'd at least like to know I have opted for skilled representation. I feel like many of the ones you see online just submit forms in a generic manner as they will likely never meet their clients.

Thank you in advance.
Send me your email address and I will send you the names of some very good migration lawyers. I don't want to publish them here without their permission.
 

·
Registered
Joined
·
8 Posts
Discussion Starter · #4 · (Edited)
I made some poor choices earlier in life. (10 years will be approaching in 2 months). I understand the gravity of what I am up against due to a failed character test.

My girlfriend of 4 years (she was back and forth for the first 2 years and lived with me in the USA now for 2 years) is very homesick. To compound the issue, her mother is not doing well. As this is the case, she needs to return to Australia. I know the chances are not great, but I want to do absolutely anything I can before our future is torn away. I could never forgive myself if I didn't exhaust every option available. It is devastating.

At this point, as I know I will fail the immediate test, I want to consult with someone and prepare it right the first time. (from my understanding this is the best way to go).

I am really just looking for an aggressive/capable attorney that will give me the greatest likelihood of success. It is impossible to weed through the misc ones that pop up in internet searches. If I am going to pay the $200+ initial consult fee or the thousands of dollars an attorney will charge me, I'd at least like to know I have opted for skilled representation. I feel like many of the ones you see online just submit forms in a generic manner as they will likely never meet their clients.

Thank you in advance.
Send me your email address and I will send you the names of some very good migration lawyers. I don't want to publish them here without their permission.
edited the forum wouldn't allow me to private message you. I can not begin to thank you enough. I know I am responsible for my past and mistakes. I just never expected that this is how it would come back to remind me.
 

·
Premium Member
Joined
·
6,612 Posts
Once you have heard from Nick, I strongly recommend that you edit your post to remove your email address. It's a public site after all.
Sound advice.
 

·
Registered
Joined
·
7,023 Posts
You have NOT failed the character test yet and Australia is vastly different to USA in that respect.

I would contact a RMA such as Nick from CCMS first - the fee/s are much less than a migration lawyer and often better in an overall application.

I would remove your email and contact him via the link in his signature below his comment/s
 

·
Registered
Joined
·
332 Posts
You have NOT failed the character test yet and Australia is vastly different to USA in that respect.
Very true.
 

·
Registered
Joined
·
8 Posts
Discussion Starter · #9 ·
My partner is now back in Australia. I certainly did not lose track of this, I simply put it on the back burner and focused on time together while we had it. Her absence is crushing and now I am back in full cycle trying to see if there is any hope whatsoever. We want to spend our lives together and plan to get married. IF that doesn't mean there is absolutely no hope that we could visit/return to her/your country, or if we have Children, there would be no way I could ever accompany them to at minimum visit.

I've gathered my records and it's terrifying trying to tackle this. My record stems from age 18-25/26. The major incident was 11/29/2007 (just over 10 years ago now). I had a traffic violation for driving my car in May of 2008 without insurance. As they simply wrapped this one up into the settlement of the 11/29/2007 incident, I did not care that there was technically a sentence on this as well due to being run concurrently.

Here is the record:
5/2000 Convicted. Possession/use of a controlled substance (pill of ecstasy), felony, dropped to a misdemeanor. - This charge I can't even find record of. I was able to pay the records department in that town pull the records for me, however it has never appeared on any background check. I'm disclosing as I want to be 100 percent transparent.
8/12/2003 Convicted Driving while impaired. Misdemeanor
1/13/2005 Convicted Criminal Sex Cond-5th Degree-Nonconsensual Sexual Contact Gross Misdemeanor
10/27/2004 Convicted Assault-5th Degree-Gross Misdemeanor Misdemeanor
7/7/2005 Convicted Driving while impaired. Gross Misdemeanor
5/28/2008 Convicted Fleeing a Peace Officer in a Motor Vehicle Felony (Now gross misdemeanor)
5/28/2008 Convicted Traffic - DWI - Refuse to Submit to Chemical Test Gross Misdemeanor
5/28/2008 Convicted Traffic Regulation-Uninsured Vehicle-Owner Violation Misdemeanor.

All in all I spent about a year total in jail (here and there). The max impossible sentence though could have been several years if the full stayed terms were totaled up

I could explain away the circumstances surrounding all of these events. Truly they are far less heinous than they sound. I still do not want to minimize my mistakes as on paper I look like I was a much more troubled person that I am/was. I have a career, can get numerous character reference letters, assessments from a psychologist/professional if helpful, and show I've been a positive member of society that betters the lives of people around me.

I am very clean cut, articulate and educated. I am honest and candid. I have read at great length about the discretion of the immigration agents. I wonder if planning ahead and stacking up all the documents necessary and flying there would offer me any better a chance to gain entry than applying in advance? Or as an alternative, could I travel to the Australian Embassy in the United States and get a face to face with an official on the topic as opposed to simply mailing in or electronically submitting an application?

I know looking at this it's an overwhelming list. Frankly, if I was in the immigration department, I'm sure the denied stamp would be a lot easier to use if it were in my hand and I was looking at what is there.

Does age factor in at all? Should I wait until I have passed the 10 year mark on the no insurance topic as a benchmark date or would that not matter at all? Honestly, do I have any hope at all?
 
1 - 9 of 9 Posts
Status
Not open for further replies.
Top