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Under what circumstance would a criminal record impact an EB-5 case?

Can an EB-5 visa be obtained by someone with a criminal record? Under what circumstance would this or would this not be accepted?

Answers

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    If the applicant has a criminal record, you should determine if they are admissible or if they have a spouse as a primary applicant if they are eligible for a waiver.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    It would depend on the details of the criminal record.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Unfortunately, individuals with a criminal record are not likely to be approved for EB-5 except in certain circumstances. And even if approved, those individuals may be inadmissible to the U.S. Advisably, prior to applying for EB-5 program, consult an EB-5 attorney, otherwise may not be allowed to enter the US under any circumstance.

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    Stephen Berman

    Immigration Attorney
    Answered on

    There are numerous crimes that will render a person inadmissible to the U.S. You can find some of these in section 212 of the Immigration and Nationality Act and some in section 237.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    Certain crimes might render the EB-5 investor applicant inadmissible to the United States. It is important to obtain the certified court document regarding the conviction and have it reviewed by an experienced immigration attorney before the decision is made to invest in an EB-5 project. The attorney will be able to advise if the criminal conviction would result in a finding of inadmissibility.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    It depends on the crime and when it occurred. It also matters how far along the matter got: just arrested, or charged, or convicted, etc. It also depends on what the prescribed punishment is. Basically, you need to discuss this with a full-service immigration firm.

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