Reza Rahbaran
Immigration Attorney
Answered on
The client should consult an experienced immigration attorney to fully discuss his case and determine his EB-5 eligibility.
How do drug charges affect EB-5 eligibility?
There is a potential investor that is interested in the EB-5 program. His issue is that his application for a student visa got denied because he was caught (in Korea) with marijuana paraphernalia. Would that drastically reduce his chances of being approved for an EB-5 visa?
Answers
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Shahzad Q Qadri
RC CreatorAnswered onVery possibly, depending on how the crime classified may result in a denial of any kind of immigrant visa.
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A Olusanjo Omoniyi
Immigration AttorneyAnswered onIt depends on the disposition of the case and additional facts on this potential investor. Possession of marijuana paraphernalia may significantly lessen his admissibility into the U.S. Considering this happened in Korea and it resulted in the denial of a student visa, it meant it was a significant issue. As to the waivers that are granted with discretion, none may be available. So conduct a plenary investigation on his chances.
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Julia Roussinova
Immigration AttorneyAnswered onThis person should consult a U.S. immigration attorney knowledgeable in criminal law.
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Roberto Ortiz
Immigration AttorneyAnswered onYou will have to obtain the arrest report and disposition of the case to determine if it will be a problem in the future. If you have any additional questions, please do not hesitate to contact me.
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Jinhee Wilde
Immigration AttorneyAnswered onThe criminal charge will affect any security clearance for the visa application as a reason for inadmissibility. A person convicted of drug paraphernalia may, in limited circumstances, be eligible for a INA 212(h) waiver as long as the paraphernalia conviction is related to simple possession of 30 grams or less marijuana. However, this is case-by-case basis determination with discretion by the consulate officer to grant this waiver.
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Charles H Kuck
Immigration AttorneyAnswered onThis is a tough one, because someone who is believed to be involved with illegal drugs, including paraphernalia, is permanently ineligible to immigrate to the United States. I strongly suggest having this person contact an experienced immigration attorney with a copy of his arrest and disposition records to review his options.
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Salvatore Picataggio
Immigration AttorneyAnswered onIt will all depend on the resolution of that particular issue and when it took place. He should definitely have the assistance of experienced U.S. Immigration counsel.
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Philip H Teplen
Immigration AttorneyAnswered onI would need to look at the actual crime and plea/conviction; however, generally, a paraphernalia offense will not preclude the issuance of an immigrant visa. I will be happy to help and further consult.
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Lynne Feldman
Immigration AttorneyAnswered onHe will likely require a waiver if his case can be filed at all. His documentation from his arrest and conviction would need to be reviewed to determine whether it is doable and analyze the strength of a waiver.
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Ed Beshara
Immigration AttorneyAnswered onDrug charges and convictions, even if they occurred in another country, may have U.S. immigration consequences and be a ground of inadmissibility . This ground may stop the investor from obtaining the conditional permanent residency visa .The first step is to obtain the advice of an experienced EB-5 attorney to review and analyze the grounds of inadmissibility and determine if there are any remedies available to overcome the grounds of inadmissibility.
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Gregory Romanovsky
Immigration AttorneyAnswered onIt may still be possible for that investor to immigrate to the United States. It depends on the exact charge and the disposition. He should obtain the court documentation and show it to an experienced immigration attorney.
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