Questions and Answers > EB-5 Requirements

Am I eligible for EB-5 if I have a criminal record?

Does a criminal record of telephone harassment/threatening calls make me ineligible for the EB-5 program and a green card?

Answers

• Lynne Feldman

  Immigration Attorney

  Answered on October 20, 2020

  It would need to be evaluated to give you a complete answer.

• A Olusanjo Omoniyi

  Immigration Attorney

  Answered on October 20, 2020

  An in-depth analysis of your criminal record should be done prior to filing for the EB-5. The criminal tends to be an issue of whether an immigrant applicant is granted permission to enter the U.S. It is advisable you consult an immigration attorney to know your options.

• Fredrick W Voigtmann

  Immigration Attorney

  Answered on September 18, 2020

  It depends on whether that crime is considered a "crime involving moral turpitude" based on the particular criminal code section in the jurisdiction where you were convicted and on whether the maximum possible sentence was less than one year and the actual sentence imposed was less than six months (petty offense exception). An experienced immigration attorney can review the court disposition/docket and give you the definite answer.

• Belma Demirovic Chinchoy

  Immigration Attorney

  Answered on September 18, 2020

  It depends on what exactly is the record. Were you sentenced to jail? What is the specific criminal charge under which you were convicted?

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on September 18, 2020

  We have to see the final disposition of the criminal conviction. First, determine if it is a crime involving moral turpitude, then we have to look at the maximum sentence that could be imposed and the sentence that was imposed and determine if you are inadmissible.

• Salvatore Picataggio

  Immigration Attorney

  Answered on September 18, 2020

  It depends. We would have to see the arrest report and everything related to charges, convictions, etc.

• Vaughan de Kirby

  Immigration Attorney

  Answered on September 18, 2020

  It depends on the nature of the criminal record. I suggest you meet with an investment immigration attorney and he or she will be in a position to tell you what effect it might have on your application.