My parent's brought me to to the USA when I was twelve years of age in 2006. I assisted school until I graduated High School with a diploma in 2012. Right after I had graduated I applied for Deferred Action for Childhood Arrivals (DACA) which is an American immigration policy founded by the Obama administration in June 2012. DACA allows certain undocumented immigrants who entered the country as minors, to receive a renewable two-year period of deferred action from deportation and eligibility for a work permit. I was working to save up to begin with college classes. In 2014 I was charged with a DUI and possession of psilocybin, I had a little over 1 ounce. I was not arrested and I comply with everything the court asked me to do such as paying the court's fees, work crew and Diversion classes. I can't renew my DACA because I have a felony in my record even though I've been trying to get it off my record and I still have a couple more courts before I know what will happen with my case. So my big question is, " would I be able to apply for a visa in Australia if I can't get the felony off my record being the matter of just being Psilocybin mushrooms?" I'm not certified in the trades that I know like welding, farming and framing, but would it also help my grounds? Is there room to negotiate with someone in my case?
What's your actual nationality?
The felony conviction that you have described might be grounds for refusal but I don't think this, alone, is a simple yes-or-no question. It would be assessed in the context of your overall visa application.
However, I think your uncertain residential status in the US is going to be the first barrier, and a major one at that. Your application will be looked at sceptically as coming from someone who has a history of illegal and undocumented presence in a country. That was not your fault when you were a child, but the matter remains unresolved.
Young US citizens can apply for a working holiday visa, but I don't see how you would be eligible for that. And so, to apply for a visa that allows you any other form of employment you will either (a) need to be offered a job by an employer in Australia, or (b) apply for a 'skilled independent visa' which allows you entry without a job if you have skills and experience in one of the occupations that are currently in demand. This latter option will take some time to process and will cost you thousands of dollars in application fees, however.
For now, and based on what you have told us, there seems little hope of you getting even a tourist visa.
Here is the visa finder tool:
Thank you for your Input, I appreciate it. I'm originally from Michoacan, Mexico. I would have to finish closing up my case and then from there I'll start brain storming my options. Looks like I really don't have much options
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" Looks like I really don't have much options "
Yep, unfortunately, getting any sort of a work visa other than a Work and Holiday Visa or Working Holiday Visa is quite difficult, there being a requirement for skills ( and even with a US passport there's some education level requirements )( and if you have a Mexican passport, don't think you're listed )and that too is one of the basic requirements for getting a permanent visa, skills needing to be of a required category and then you having some years of experience etc.
Also if you left the US whether for a working holiday or a tourist visit then you would be unlikely to be readmitted.
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