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Is it possible to apply for the EB-5 program with a criminal record?

I am an Indian citizen with a criminal record. I have been charged three times, all of which took place more than 15 years ago. Two charges were negligent driving, and the third one was vehicle theft. I would like to know if I could still be eligible for the EB-5 visa program.

Answers

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Negligent driving. Unless it was reckless driving and people were hurt, most likely is not a crime involving moral turpitude. As for theft, that is a moral turpitude offense that could make you ineligible unless you qualify for the petty offense exception. A crime involving moral turpitude is considered a "petty offense" if: the maximum penalty that you could have received for committing the offense is exactly one year or less, and you personally were sentenced to no more than six months of imprisonment, regardless of the amount of time you actually served. If inadmissible, you might want to have your spouse apply and you may qualify for a waiver based on extreme hardship to her.

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    Barbara Suri

    Immigration Attorney
    Answered on

    The criminal record would not be relevant until you reach the stage of actually applying for the resident visa. An experienced immigration attorney would need to review your criminal record to determine whether or not a waiver would be possible to allow you to obtain the immigrant visa.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    Before you file an I-526 petition based on investment, have your criminal records and disposition of each case evaluated by a U.S. immigration attorney with experience in evaluating criminal convictions for immigration consequences. Even if the I-526 petition is approved but you are inadmissible for some reason, you may not be able to immigrate to the U.S. unless waiver is available.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    EB-5 just cares about the investment and job creation. Applying for a green card after qualifying as an EB-5 investor? Now that is where criminal record matters. It will depend on the charges and what punishment is standard for those charges, but I would want to see all three and related documentation.

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    Michael A Harris, Esq

    Immigration Attorney
    Answered on

    It might be possible. But I would have to evaluate the specific laws that you were charged or convicted under. If the crimes were non-crimes involving moral turpitude, then you may be able to succeed at the end of the EB-5 immigrant visa process when applying for the visa stamping in India. You may also need to submit a waiver of inadmissibility at the U.S. embassy upon your EB-5 petition's approval, since all of the crimes occurred more than 15 years ago. To learn more, contact a lawyer who specializes in immigration law.

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    Marko Issever

    EB-5 Broker Dealer
    Answered on

    While negligent driving would not have any effect on your getting a green card through the EB-5 program, the vehicle theft might. You could surely apply but it will all depend on whether the vehicle theft record you have in your distant past will be viewed as an offense of moral turpitude. Before filing any sort of EB-5 application, you are well-advised to have a serious consultation with an immigration attorney who should review your case and advise you whether you should take a chance and apply.

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    Stephen Berman

    Immigration Attorney
    Answered on

    Sure. But if the person is not admissible into the U.S., it may not help the person.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    We would need to see the criminal court papers for the vehicle theft. If it was mere joyriding, it might be OK.

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    Vaughan de Kirby

    Immigration Attorney
    Answered on

    The vehicle theft may be a problem. But do not take online advice. Arrange for a consultation with a qualified investment immigration attorney.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Most likely yes, but any attorney representing you would need to see the exact documents from the court describing the crimes and their disposition.

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    Criminal background impacts your admissibility (your ability to get a green card through EB-5 or any other immigration program). An attorney would need to analyze the specific sections of the law under which you were charged in order to determine whether or not they impact your admissibility. The passage of time helps but does not necessarily erase the criminal record.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    With your kind of criminal record, chances are that you will not likely be approved for EB-5.

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    Hassan Elkhalil

    Immigration Attorney
    Answered on

    Depends on your convictions. In general you cannot. However, you may consult with a criminal attorney for possible post-conviction relief.

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    Charles Foster

    Immigration Attorney
    Answered on

    You may certainly file an EB-5 visa petition on Form I-526, and the only question is whether or not any of the convictions, individually or together, would make you inadmissible to the U.S. It is possible that the vehicle theft would, and you should consult with experienced immigration counsel, hopefully board certified in immigration and nationality law in his or her home state, if such a program exists.

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    Daniel B Lundy

    Immigration Attorney
    Answered on

    You need to have a consultation with an immigration attorney. You need to get certificates of the disposition, copies of the relevant statutes, and the complete record for analysis. If you have been granted any type of non-immigrant visa since (assuming you fully disclosed the arrests on your visa application) you may have better odds, but without a pretty detailed analysis, it will be hard to tell.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    Your criminal history has no effect on the EB-5 immigrant investor petition processing. However, once that is approved, your criminal history may be a factor in the next step (immigrant visa or adjustment of status to lawful permanent residence processing) depending on two factors. You may be barred from becoming a lawful permanent resident if were you convicted of crime of moral turpitude or convicted of an aggravated felony. You may be able to file a waiver for certain circumstances.

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