How does the amount of money you invest affect your chances of having your I-526 approved?
I have a criminal record, but it has been more than five years since the charges and they are not related to drugs or violence. I am interested in the EB-5 program and would like to know if the amount of funds you invest make a difference in your chances of being approved? Will a waiver be possible for example if someone was to invest $1,000,000 or more rather than $500,000?
You need to retain an experienced EB-5 and immigration attorney for guidance and in regard to your arrest and conviction. First, you need to obtain a criminal attorney report referring to the arrest, the charging document and the sections of the law that was the basis for the conviction.
In order to determine if you can overcome your criminal record, you need to provide the attorney assisting you with the record of disposition The USCIS typically scrutinizes criminal records before it confers immigration benefits on petitioners and you are not likely to be an exception. Do all the necessary due diligence before proceeding further with and EB-5 attorney.
The amount of funds that you invest will have no impact on the waiver of inadmissibility that you may need to seek. For example, if you have a one-time conviction for what is considered a petty offense then you may not need a waiver, but will still need to document the criminal conviction. Before you do invest, I recommend that you speak with a qualified immigration attorney about your options for a waiver if necessary.
Provided you make the required investment ($1 million or $500,000 for TEA investment) you will be adjudicated the same as the other I-526 petitions. This is regardless of whether you make a million dollar or half million dollar investment.
Whether or not you are eligible for a waiver or even need a waiver is not dependent on the amount invested, but rather on the nature of your criminal matter? Obtain a certified copy of all court records and have it reviewed by an immigration attorney to determine if this makes you inadmissible and if yes, is it waivable?
The amount invested makes no difference in connection with increasing your chances of being approved. You must otherwise be eligible for the EB-5 program and have lawful source of funds. You will need to invest the minimum required (either $500,000 in a targeted employment area or rural area) or otherwise $1 million. You should consult an immigration attorney knowledgeable in criminal aspects of immigration law to ensure you are admissible to the U.S. and whether you may require a waiver prior to investing and going forward with the filing of your I-526 petition.
The amount itself is not considered in the approvability of a petition. The compliance of the project and source of funds definitely will be. Your record would not be considered until you apply for conditional permanent residency (after the I-526 is filed and approved).
The amount of money you invest will not increase or decrease your chances of I-526 approval. The only threshold is that you have to invest at least the minimum required (i.e., $500,000 for a commercial enterprise located in a TEA, or $1 million for the rest). You should discuss the details of your prior criminal record with your immigration attorney before you proceed with your case.
The criminal record applies to all immigration cases and the kind of criminal charges determine whether you could be admissible under the immigration statutes. Some criminal charges may not be waivable. The EB-5 program is just one of the employment-based immigration categories, not a program where a person is buying immigration benefits. Thus, the amount of investment does not affect whether you could be considered admissible with the criminal record. You should consult with an experienced immigration attorney with your criminal charge documents to see if you are admissible and whether you need a waiver or could be waived in.
The statutory provisions governing the EB-5 program provide that the immigrant investor must invest at least $1,000,000 in capital in a new commercial enterprise that creates not fewer than ten jobs. An exception exists, however, if the immigrant investor invests his capital in a new commercial enterprise that is principally doing business in, and creates jobs in, a targeted employment area. In such a case, the immigrant investor must invest a minimum of $500,000 in capital. The specific amount of your investment does not impact how USCIS decides to treat your petition more or less favorably. Rather, the Service will review your petition for compliance with EB-5 legal, statutory, and regulatory requirements (including the requirement that you make a minimum qualifying investment, whether it is $1 million or $500K). If your petition is approved, and you proceed to either the consular processing or adjustment of status stage, your prior criminal record could impact your admissibility to the U.S.