O-1 visa approval, spouse had a VD 10 years ago as a minor dependent on her parents. Can she apply for O-3 dependant visa or will she have issues?

There is a possibility that your spouse will have less of a hard time in obtaining the O-3 visa than she did applying for a B-1/B-2 visa. O-1 visas are in the gray area of nonimmigrant intent. Such as in the E visa category, a person can generally have immigrant intent as long as he or she has a residence to return to in the home country. B-1/B-2 visa applications are held to a strict standard of nonimmigrant intent. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.