EB5 Investors Magazine (English Edition) Volume 5, Issue 1 - Page 87

" 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
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