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What kind of criminal record could impact my eligibility for EB-5?

I would like to apply for an EB-5 visa, but I have a conviction for driving under the influence about 11 years ago, and a solicitation of a prostitute 6 years ago. Both happened when I was in the U.S. under legal status. Would these effect my eligibility of getting an EB-5 visa?

Answers

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    Julia Roussinova

    Immigration Attorney
    Answered on

    A DUI will likely not have impact, but solicitation might, depending on the state statute, conviction and case disposition. It is advisable that you have a comprehensive consultation with an immigration attorney and a criminal law attorney practicing immigration consequences to ensure there are no inadmissibility issues before you proceed with an EB-5 case.

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    Ed Beshara

    Immigration Attorney
    Answered on

    An experienced immigration attorney will have to analyze the certified copies of the arrest reports and the final disposition of the incidents to determine if there are grounds of inadmissibility. If there are, then if possible, a waiver application will have to filed.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    The DUI is not a crime involving moral turpitude. Prostitution solicitation conviction provides a 10-year bar. Under current rules, you eligible to apply in four years and since the petition takes two years, you can start applying about now. But make sure these issues are thoroughly canvassed by a specialist before proceeding.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Both convictions could have impact. You should have a criminal immigration attorney examine your records prior to the initiation of EB-5. What should be of particular interest are the nature of your convictions in both cases and the eventual disposition of these cases. Finally, even if the EB-5 petition is approved, a clear danger is that the legal infirmities under which you are may prevent the issuance of visa for one reason or the other.

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    Marko Issever

    EB-5 Broker Dealer
    Answered on

    On the surface of it, a DUI 11 years ago should not be a reason for denial. You should be OK on that front. The solicitation of a prostitute six years ago seems a little more serious, but even that will most likely not fall within the crime involving moral turpitude. Like always, though, you are best advised to seek professional help with this. As long as you work with an experienced immigration attorney specializing in EB-5, you should be OK.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    You will need to disclose both convictions and final dispositions, but neither the DUI conviction 11 years ago or one-time conviction for procuring/soliciting prostitution should affect your eligibility. Consult your immigration attorney before proceeding so that a thorough review of your past history can be evaluated.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    You should be OK.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    Convictions for crimes involving moral turpitude (CIMT) likely will have a negative immigration impact. Most DUI convictions will not be considered CIMTs, but as for solicitation, it depends on the state and the particular statute under which you were convicted. In addition, a CIMT conviction within five years of admission could make you removable from the United States. You should consult with an experienced immigration attorney to make sure you are admissible to the United States before deciding to participate in the EB-5 program.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Probably not, but would need to be reviewed.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    A single DUI conviction 11 years ago should not be an inadmissibility issue. Solicitation for prostitution may be more complicated, but a single act of soliciting prostitution on one's own behalf does not fall within Section 212(a)(2)(D)(ii) of the Immigration and Nationality Act, 8 U.S.C. 1182(a)(2)(D)(ii), according to Matther of Oscar Gonzalez-Zoquiapan (BIA 2008). However, as in all cases, the controlling documents will be the final disposition order and the charging documents that describe the alleged crime as those will determine if the crime could fall within the crime involving moral turpitude (CIMT). Please consult with an experienced immigration lawyer with your specific documents to get proper advice and to develop a strategy.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Eventually you will have to report any arrest made at any time in any country. We would have to look at the prescribed penalties and how each case was concluded to see how it affects eligibility.

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    Charles Foster

    Immigration Attorney
    Answered on

    In spite of your criminal conviction, you can file an EB-5 investor petition on Form I-526. Upon its approval, when you apply for your immigrant visa or you have your hearing or application for adjustment of status, you could be deemed inadmissible and excludable from the United States based upon the criminal conviction. A single conviction for driving under the influence 11 years ago should not be a bar, but the solicitation of prostitution from six years ago could, unless it falls under the petty offense exception.

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