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How would a past DUI misdemeanor impact my EB-5 application?

I was convicted and pled guilty to a DUI misdemeanor in 2013 and have applied for my green card under the EB-5 category now. My petition was approved and the case is currently at NVC. There has been a delay in getting the response that my documents are complete and I am waiting to hear from them. I have disclosed all necessary information in the DS-260 form. Would my application be denied? How can a misdemeanor from 10 years ago impact my application at this stage?

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    The law states that: the consular officer must refer applicants (immigrant and nonimmigrant) to the panel physician when they have: (1) a single alcohol related arrest or conviction within the last five years; (2) two or more alcohol related arrests or convictions with the last ten years; or (3) if there is any other evidence to suggest an alcohol problem. If you are found to be an alcohol abuser you may be found inadmissible or need a waiver. DUI is evidence of alcohol abuse.

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    Daniel A Zeft

    Immigration Attorney
    Answered on

    A DUI misdemeanor could affect your application for an immigrant visa if this conviction would make you inadmissible. This is an involved question and a detailed legal analysis by an immigration attorney is needed.

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    Dennis Tristani

    Immigration Attorney
    Answered on

    This question requires legal analysis to confirm whether your previous DUI has any negative effects on your green card process. I recommend speaking to an experienced immigration attorney to confirm what information and documentation to provide to the U.S. Department of State.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    It should not unless people were hurt provided you completed what the court told you to do and submitted those documents.

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    Karen-Lee Pollak

    Immigration Attorney
    Answered on

    It should not impact your application. You should discuss this though with the attorney handling your case.