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

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.

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.

It would depend on the details of the criminal record.

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.

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.

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.