" If you have erred in the past, it could affect admissibility and … prevent you from obtaining an EB-5 visa, no matter how much money you spend."
No Harm, No Foul Not all criminal offences will result in an inadmissibility finding. Offences that generally avoid inadmissibility include the following: Traffic offences, intoxicated driving, offences where a specific intent is not an essential element, political offenses and juvenile delinquency.
In some cases, post-conviction relief may eliminate criminal inadmissibility, such as a full and unconditional pardon issued by the U. S. President. A conviction overturned on appeal is not a conviction for immigration purposes, nor is a judgment vacated by the original court.
Criminal Waivers Section 212( h) of the INA provides for discretionary waiver of inadmissibility based on criminal conduct, but only for individuals convicted of CIMTs-- except murder and torture and attempts to conspiracy to commit murder or torture or for someone who is convicted of a single offence of simple possession of 30 grams or less of marijuana. That’ s it. Any other drug-related offence, like that old cocaine possession conviction, cannot be waived for an immigrant visa.
" If you have erred in the past, it could affect admissibility and … prevent you from obtaining an EB-5 visa, no matter how much money you spend."
To be eligible for a waiver, the applicant must establish that the crime occurred more than 15 years before application for a visa and admission would not be contrary to the national welfare, safety or security of the US, and that he or she has been rehabilitated. The applicant would also need to show that the spouse, parent, son or daughter is a US citizen or lawful permanent resident who would suffer extreme hardship if the individual were not allowed to live in the US. The extreme hardship standard is strict, and requires more than“ common results of the bar, such as separation or financial problems.” 10
Immigration Violations Avoiding inadmissibility based on immigration violations can be difficult. Of course, for time-limited bars to reentry, satisfaction of the period of banishment will extinguish further inadmissibility, but for other grounds, or prior to the end date, the options are limited.
Section 212( i) of the INA provides limited waiver eligibility based on showing extreme hardship to a U. S. spouse or parent, not including children. The waiver is only available for( 6)( C)( i) misrepresentation; not for false claims to U. S. citizenship. 11
Like the( 6)( C)( i) misrepresentation, the 3 and 10-year overstay bars can only be waived by showing extreme hardship to a US spouse or parent. 12
The bars to re-entry following removal cannot be waived, but they can be
EB5INVESTORS. COM 86