Due to a heavy earthquake one of my building collapsed and so the government filed a criminal case against me. I had reconstructed the building and it was a natural calamity. I have not done anything willingly. So can I apply for the EB5 visa? Or can I put the application in the name of my wife?
You should consult with an immigration attorney prior to deciding to proceed with the EB-5 immigrant visa process as your eligibility to apply for a green card must be evaluated in light of the criminal charge.
If you are applying for an EB5 Immigrant visa there will be questions concerning previous arrests and convictions.We will need to review and analyze the arrests and convictions and determine if they amount to a ground of inadmissibility.If so,are there any remedies available to overcome the grounds? Even if your spouse files as the primary Investor you will still have to file your own Application for an EB5 visa and disclose arrests and convictions. Alternatively, your spouse can file without you.
Whether or not you''re the principal investor, your personal admissibility to the United States will depend on the details of that criminal case against you (whether there was a conviction, what the exact charge was, etc). You should get a copy of the court disposition in that case and consult an experienced immigration attorney.
If there was a criminal conviction, which will show up during the security clearance of the Immigrant Visa application process at the U.S. Embassy, you may have to explain how you should be allowed admission into the U.S. I think it may be easier if your wife is the principal applicant of the EB-5.
You will be well advised to file the case under your wife''s name. Although the pending case may not impact your immigration status in the US (your EB-5 application), I do not have enough details to know whether a conviction under the pending criminal charge will be regarded as a crime that will impact your US immigration status. Should you choose to file the case is in your wife''s name it will make the possibilities of obtaining a waiver more likely. Far more details are required to provide a more specific answer to this question.
I believe it would depend on the charge and its final disposition. Your question relates to the general grounds of inadmissibility to the U.S., which include some criminal activity. I would recommend you meet with a lawyer to discuss your situation in more detail and bring him/her all of your criminal charging documents and dispositions, etc.
