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What criminal convictions affect EB-5 green card eligibility?

I want to begin preparing my application for the EB-5 program. However, I received a conviction in the United States for marijuana cultivation in early 2010. When I tried to reenter the United States afterwards, I was sent back and have not been back since. Will my EB-5 application be automatically rejected because of this conviction? What type of criminal convictions affect EB-5 green card eligibility?

Answers

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Generally, fraud and violent crimes, and most felonies (rather than misdemeanors), but you also already were denied entry, which is also an obstacle.

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    John J Downey

    Immigration Attorney
    Answered on

    Rather than list all the crimes, let me address your issue. My best advice is for you to obtain the services of an attorney versed in criminal law, in the jurisdiction where you were convicted. Depending on the circumstances, you may be able to vacate the judgement and then be able to apply under EB-5.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    You need to get a pardon from the governor or the president or you are barred from entering the United States, unless you have a waiver. There is no waiver for cultivation.

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    Sufen Hilf

    Immigration Attorney
    Answered on

    Without reviewing your criminal records, it is hard for any attorneys to give you correct advice. Your conviction is very serious.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    While some states are legalizing marijuana, it is still a drug conviction for the purpose of immigration law. A drug conviction is an inadmissibility issue and marijuana cultivation particularly if the charging document states that you had intent to distribute could be a drug trafficking crime, which bars you from being admitted into the United States, whether for a nonimmigrant visa or as EB-5.

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