Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.
I can answer your US visa questions. I am afraid that an Australian law category expert would be needed to answer the Australian aspect of the matter. You can ask a question in the Australian law category specific to this.
Meanwhile, what can I answer for you re: the US visa matter?
This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Thank you for your reply.
If you were arrested/convicted, the applicant must provide the court record from this. However, The United States does not have access to the Police National Computer, meaning they are unlikely to know about it (the information sharing with Greece/Turkey is even worse). The consulate can do an individual request to the PNC, but that rarely happens.
So let us one decides to disclose. You are ineligible to travel under the visa waiver permit if you have ever violated any law related to possessing, using or distributing illegal drugs. Meaning, you'd need to apply for a visa ahead of time with the US Consulate. You would also need to file an I-192 - a waiver requesting admissibility. If you are inadmissible due to having committed a crime involving moral turpitude (which a drug smuggling conviction is), you are eligible to apply for a waiver of waiver of ineligibility under Section 212(h) of the Immigration and Nationality Act if you can establish that: (a) The activities for which you are excluded occurred more than 15 years before the date of your application for a visa; (b) Your admission to the US would not be contrary to the national welfare, safety, or security, and (c) You have been rehabilitated. Then, the consular agent basically makes a discretionary decision.
Let us say one decides not to disclose and the consular agent never finds out. Okay, then likely visa is granted assuming no other issues pop up.
Let us say that one decides not to disclose and the consular agent finds out by an inquest to the Police National Computer on a hunch, or by better communication with Greece/Turkey (specific communication structures are not public information so it is hard to say how exactly and to which extent the countries discuss visa applicants). If so, then you would be caught in a lie and the visa denied. Furthermore, you'd likely be facing a permanent ban from the US for the incident of non-disclosure.
I normally go off the rule that being honest is the best policy, but of course, this is your decision.
Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty.
I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.
No, this is a not a template answer. However, you had stated "On the application I did not declare the Greek adventure," so I assumed you meant that you did not wish to disclose it now. Okay, if you do, then you are presumed disqualified due to the conviction. Someone in your situation also wants to file an I-192 waiver request to overcome this disqualification. The catch-22 is if you did not disclose it before back in 1985, and the US Consular agent catches that, then you may be denied for lying - even if the lie was back then and you are "coming clean" now.
There is no statute of limitations for being caught in a lie, I am afraid.
How long you can stay if the visa is approved depends on the visa. If it is a B2, then 6 months but you also have the option of filing for a 6 month extension.
Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.