I was arrested in 2013 during a peaceful anti-governmental protest in my hometown, held to support freedom and democracy. It was met with excessive force by the police and I was convicted of “publicly provoking hatred or hostility” as per the criminal code of my country. I eventually was issued a fine without jail time. I am now looking into options to immigrate to the U.S., but am concerned about this appearing in my criminal record. Are different offenses evaluated differently during the EB-5 process? Would this affect my application, and if yes, is there anything I can do to counter that effect, like, perhaps, a waiver?
Answers
Bernard P Wolfsdorf
Immigration AttorneysYou need to have an immigration expert evaluate to see whether you are inadmissible, but there is an exception for purely political offenses so there may be a viable path for you.
Daniel A Zeft
Immigration AttorneysYour conviction for the political offense must be disclosed during the last step of your EB-5 immigration process. All convictions anywhere in the world must be disclosed on the immigrant visa application or the adjustment of status application. These applications require disclosure of the conviction and an explanation of the situation. Whether obtaining a waiver is needed is an involved question, which must be thoroughly evaluated by an experienced immigration attorney.
Lynne Feldman
Immigration AttorneysAn attorney would need to review the actual criminal records to determine if this would impact your immigration filing, and if so, if it is waivable.
Belma Demirovic Chinchoy
Immigration AttorneysDoes a conviction under this code section carry a possible sentence of 1 year or more? You need to get a legal opinion by a lawyer.
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