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How does an arrest on my record affect my application for the EB-5 program?

I have a 15-year-old minor trafficking arrest; the judge gave no sentence, the conviction was not recorded and I have no other drug related offenses. I was 18 at the time of the arrest and I am Australian. How will this affect an application for the EB-5 program?

Answers

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    Answered on

    It depends. You may still need to disclose that information, but it may not negatively affect the case. Work with an immigration lawyer who can carefully review the specifics of the incident and timelines.

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    Answered on

    As I was trained as an Australian attorney, there are laws which address these types of arrests and they are recorded. If a question is asked you will have to declare it and provide a certified copy of the arrest. I suggest your EB-5 immigration attorney review and analyze the arrest report and charges. He or she should also be able to determine if there is a ground of inadmissibility. If there is a ground of inadmissibility then what remedies or waivers are available will be discussed.

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    Answered on

    It is very important that you review your criminal record and disposition of the case with an experienced immigration attorney who practices criminal consequences for immigration purposes and how should be able to advise you whether you may or may not be inadmissible to the U.S. You should do it before you apply for EB-5.

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    Answered on

    A trafficking conviction will almost certainly render you inadmissible or not eligible to immigrate. However, an arrest does not in itself constitute evidence of the commission of a crime. You are required to disclose all arrests and, if you admit to the essential elements of the crime, you will be found inadmissible. You need to consult with expert counsel, as this is a tricky case.

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    Answered on

    Drug trafficking is considered a Crime of Moral Turpitude, which is considered grounds for inadmissibility. However, if the conviction record does not show up but the arrest record shows on your police records, then perhaps you could apply for a waiver after the visa interview. The fact that this was so long ago and happened when you were young, you may have a good chance of getting a waiver if there are no other offenses. Please consult with an experienced immigration attorney who does waiver work to help you through this.

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    Answered on

    Without knowing more info (ie., the amount of the drugs involved, what you were actually charged with, was it a felony conviction or misdemeanor, etc.), it is difficult to assess. There are specific bars to drug offenses for Adjustment of Status, as well as waivers that may be available depending on the circumstances.

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    Answered on

    A minor arrest should have no impact whatsoever, but it should be fully disclosed anyway. While it may not have been recorded, it may still show up in your background check. The key here is that there was no conviction. Thus, the arrest should be disclosed and, to the extent possible through your attorney or otherwise, you should try to show the final disposition of the matter.

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    Answered on

    An arrest does not make you inadmissible. A conviction might, but it will be important for you to retain an immigration attorney who can review the documents to determine whether you are eligible for U.S. immigration benefits. Please do this first before you consider any investment or the EB-5 Program.

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    Answered on

    Generally, while it appears you may apply for EB-5 program, your criminal record will resurface when you apply for a visa to enter the United States. In fact, it can become either a stumbling block preventing you from securing an immigrant visa into the country. It is advisable that you resolve any criminal matter as soon as possible and even before you file your EB-5 petition. Advisably, obtain documentation showing how the matter has been resolved.

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    Answered on

    Without a conviction, the arrest should not affect your application. You should disclose everything about the arrest on your application, including police and court records to show the disposition of the case.

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    Answered on

    If it truly was a conviction, it could act as a bar to your getting any immigration status. We would need to see the court records. If it was dismissed and you did not admit guilt, then you might be OK. You should consult an experienced immigration lawyer who does criminal defense.

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