Questions & Answers

What crimes disqualify an investor from applying for EB-5?

I am a Malawian national and I would like to apply for an EB-5 visa. However, I have three offenses from 10 years ago in the Netherlands, including possessing a controlled substance. The total time served was five months. I turned my life around after and went on to build a multi-million dollar business. Will my criminal record be an issue in immigrating through EB-5? If so, how can I overcome it?

Answers

• Fredrick W Voigtmann

  Immigration Attorney

  Answered on December 14, 2016

  You should obtain certified copies of all criminal records (final court dispositions) and review them with an experienced immigration attorney. Certain controlled substance convictions will render you inadmissible to the United States under any circumstances, so it is best to confirm in advance of making any plans for an EB-5 investment or other immigration to the United States.

• Charles Foster

  Immigration Attorney

  Answered on December 5, 2016

  While any qualified individual can file an EB-5 investor petition on Form I-526, your immigrant visa could be denied at the time of your interview on the grounds of your prior criminal conduct, particularly since it included the possession of a controlled substance. So, yes your prior criminal record is clearly an issue. This is a highly technical matter and you should consult with an experienced immigration attorney, preferably one that is Board Certified in Immigration and Nationality Law, if same is permissible within the state where the attorney resides, as well as one with experience in representing EB-5 investors. Under certain conditions you may or may not be eligible for a waiver even if an EB-5 immigrant visa petition is approved.

• Marisa Casablanca

  Immigration Attorney

  Answered on December 5, 2016

  Unfortunately, crimes of controlled substance may not be waived for immigrants unless it is a possession of a minor amount of marijuana. Because of that, the individual is not able to proceed with a green card unless the criminal proceedings are re-opened and terminated.

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on December 5, 2016

  It appears you are inadmissible to the United States based on the possessing of a controlled substance, unless it was marijuana and less than 30 grams in which case you might be eligible for a waiver. Also, if you are eligible to have the conviction set aside based on a coram nobis motion and a rehearing where it is vacated, you appear to be unlikely to succeed with a green card application.