+1-800-997-1228
Questions & Answers

How could a previous criminal record impact my eligibility for EB-5?

I would like to know if I could apply for the EB-5 program if I had a criminal record when I was 19 years old. It was attempted rape and assault. I pleaded guilty and served my sentence. Can I still apply for EB-5?

Answers

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    You are likely inadmissible, but you need to have an expert evaluate the conviction to see if you inadmissible. But most likely you are inadmissible.

  • Avatar

    Daniel A Zeft

    Immigration Attorney
    Answered on

    The central issue is whether a conviction for attempted rape and assault prevents you from obtaining an immigrant visa or from adjusting status to permanent residency. Before you proceed with an EB-5 case, you need to have an immigration attorney do a careful legal assessment of this issue.

  • Avatar

    Barbara Suri

    Immigration Attorney
    Answered on

    Any type of arrest could affect your obtaining a permanent resident visa through EB-5 or any other venue. In your case, you really should consult an immigration attorney who could delve more into your issue and advise you accordingly.

  • Avatar

    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    A serious criminal record such as attempted rape and assault could be the basis to deny your immigrant visa application. You should obtain a complete criminal court disposition document and have it reviewed by an experienced immigration attorney before you make any decision to invest in an EB-5 project.

  • Avatar

    Marko Issever

    EB-5 Broker Dealer
    Answered on

    You would have a very difficult time getting your application approved with that kind of serious offense in your background. You would also most likely have difficult time finding a regional center who would be willing to accept you to their fund.

  • Avatar

    Julia Roussinova

    Immigration Attorney
    Answered on

    This is a serious conviction. You should have a comprehensive consultation with an immigration attorney to review your criminal record and advise you on issues of inadmissibility.

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    The criminal records would need to be analyzed to see if the charges would make you inadmissible and if so would you qualify for a waiver.

  • Avatar

    Stephen Berman

    Immigration Attorney
    Answered on

    You would not be admissible to the U.S. with that conviction.

  • Avatar

    Robert West

    Immigration Attorney
    Answered on

    It is very likely you would be unable to become a resident because of the seriousness of the offense. For more details, please consult with an immigration lawyer.

  • Avatar

    Hassan Elkhalil

    Immigration Attorney
    Answered on

    I doubt that your application will be approved.

  • Avatar

    BoBi Ahn

    Immigration Attorney
    Answered on

    Conviction of a felony involving crime of moral turpitude will definitely have an effect on your ability to adjust status or apply for immigrant visa, and may render you inadmissible.

  • Avatar

    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    I don't think that you will qualify to enter the U.S. as an immigrant regardless of whether it is through EB-5 or any other basis on such serious crimes.

  • Avatar

    Charles Foster

    Immigration Attorney
    Answered on

    The fact that you were convicted of a crime of moral turpitude most likely would make you ineligible to be issued an immigrant visa through the EB-5 investor program, or any other preference. You should consult with an experienced immigration attorney on the details of your convictions to confirm same.

Add your comment

Use a Facebook account to add a comment, subject to Facebook's Terms of Service and Privacy Policy. Your Facebook name, photo & other personal information you make public on Facebook will appear with your comment.