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Questions and Answers > EB-5 Investments

Can someone with a criminal record engage in an EB-5 investment program?

Dear Sir/Madam I am Indian citizen. i have a criminal record against me in Australia 2009-10 (car insurance fraud). I was convicted for 6 months there and it has been 4 years now. I have two kids and both were born in Australia, but they have Indian passports because my wife was on student visa and I had a dependent visa during that time. I just want to know if I am eligible for this EB-5 visa program please guide me. Your kind help will be highly appreciated. Thank you.

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Answers

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    Reza Rahbaran

    Immigration Attorney
    Answered on

    A thorough review of your case is necessary to determine your admissibility.

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    Shahzad Q Qadri

    RC Creator
    Answered on

    Generally fraud convictions are deemed felonies here and preclude you from obtaining visas including a visa through the EB5 program, unless you are able to get a waiver.

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    Michael E Piston

    Immigration Attorney
    Answered on

    To determine the answer to your question we would first have to find the United States Code provision most like the offense you were convicted of in Australia. If it turns out that the maximum prison term for this comparable offense is no more than 1 year, then you are eligible to immigrate to the U.S. under the EB-5 program. But if the maximum penalty for this comparable offense is more than a year, then you can''t qualify without a waiver, which you can''t apply for unless you have a parent, spouse or child who is a U.S. citizen or permanent resident.

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    Philip H Teplen

    Immigration Attorney
    Answered on

    The criminal record is an issue; although, once five years passes a waiver can be requested and by the time the application is processed the five years will be passed. I suggest we coordinate a call.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    You would need to provide a complete copy of the record of conviction, along with the criminal code section under which you were convicted. If you have been convicted of a crime involving moral turpitude and the actual sentence you could have received was at least one year and you received six months or more of prison time, you may need a waiver. You should review your criminal record with an experienced immigration attorney, such as myself, who can advise you of your options and whether or not EB-5 is right for you and your family.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    Fraud is one of the crimes of moral turpitude that could be a bar or inadmissibility of entrance. You should engage an experienced immigration for step by step guidance.

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    Michael A Harris, Esq

    Immigration Attorney
    Answered on

    You need to consult with an experienced immigration attorney to review your criminal record to determine whether who have been convicted of an inadmissible offense that would make you Ineligible for an immigrant visa.

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    Roberto Ortiz

    Immigration Attorney
    Answered on

    In order to better help you I would need an explanation from your criminal attorney in Australia of your charges, ie whether they were a felony or misdemeanor to determine your admissibility into the US.

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    Rachel Lew

    Immigration Attorney
    Answered on

    A person with criminal records can apply for EB-5 immigration benefits. But depending on the type of criminal record involved, he or she can become inadmissible and denied an immigrant visa to enter the U.S. A conviction of a crime involving moral turpitude makes a person inadmissible. However, a single offense that occurred before the age of 18 and more than five years ago will not be considered, nor will offenses for which the maximum punishment was only one year and the alien was sentenced to six months or less. Convictions for crimes involving controlled substances lead to inadmissibility. Convictions for more than one crime for which the person was sentenced to at least five total years in prison make a person inadmissible. Engaging in prostitution or commercialized vice is a basis for inadmissibility. A person who has committed a serious offense in the US and has claimed immunity from prosecution is inadmissible. Engaging in the persecution of other on the basis of their religious beliefs is also a ground of inadmissibility, as is engaging in the trafficking of human beings.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Your circumstances may become an issue in the immigrant visa application stage (after the I-526 is approved). We definitely recommend retaining qualified U.S. Immigration counsel, like our law firm, to assist you with these matters in the best way possible.

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    Daniel P Hanlon

    Immigration Attorney
    Answered on

    A full and complete evaluation of your criminal record will be required in order to make an assessment of your eligibility.

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    Anthony Ravani

    Immigration Attorney
    Answered on

    Yes, you are. There is no background check for EB-5 process. But once your case is approved and goes to a U.S. consulate to have you interviewed, the consulate will require you to submit a police clearance from every country in which you have lived 6 months or more.

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    Ed Beshara

    Immigration Attorney
    Answered on

    You have an interesting set of facts and you definitely need an experienced EB-5 attorney to help and assist you with your situation. I would strongly advise you to contact our law firm and personally speak to me as I was educated in Australia as an Attorney. I have legal contacts there to help with the review and analysis of your Australian conviction and we will then determine whether it would affect your application for EB-5 conditional residency. We should be able to accomplish this analysis in a very short period of time, and on this basis you will be able to make a determination as to whether you wish to move forward with your personal investment in a viable EB-5 project.

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    Jessica Marks

    Immigration Attorney
    Answered on

    Hello, whether you are eligible to immigrate to the U.S. in spite of a criminal conviction depends on several factors. If you were under 18 at the time the crime was committed or the maximum possible punishment for the offense does not exceed one (1) year, then you will not be ineligible for a conviction of a "crime involving moral turpitude" (CIMT). If neither of these exceptions apply to your case, then a more detailed legal analysis would be required to determine if you are inadmissible to the U.S. based on being convicted of a CIMT.

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    Kripa Upadhyay

    Immigration Attorney
    Answered on

    You need to consult with an Immigration attorney familiar with removal/exclusion grounds (not all EB-5/Immigration Attorneys know this area) Generally, a crime of theft is considered to be a "Crime Involving Moral Turpitude (CIMT)" which may affect your eligibility to enter the U.S. Generally, a CIMT IS an offense that would bar entry into the U.S - it would depend on the plea you entered or the language of the statute you were convicted under. We would need to review the Court records from the Australian Court to know affirmatively whether you will be deemed inadmissible or whether you would qualify for a waiver against the ground of inadmissibility. You are welcome to contact if you would like.