Entering the US With a Criminal Record – Case Study

Client’s Issue or Problem

Client had an approved E-2 visa for several years. Unfortunately Client ran into some criminal issues and was convicted of a crime. The next time the Client was travelling into the US on the E-2 visa, he was denied entry, and his visa was cancelled because of the conviction that had occurred.

Our Solution (Type of Visa/Action Recommended)

Upon taking an in-depth look at the conviction record as well as being provided details as to what had transpired, we held the opinion that the sole conviction of the Client is not one that allowed an officer to cancel the visa.

We therefore put together a new application for an E-2 visa with a detailed explanation of what transpired along with legal arguments that the conviction does not make our Client inadmissible. We also put explained why our Client should never have been subjected to having his visa cancelled in the first place given that not all convictions renders an individual inadmissible to the US.

Certain crimes such as CIMTs (crimes involving moral turpitude) and convictions relating to drugs, prostitution, etc. can make an individual inadmissible, but not all crimes render a person inadmissible.

How Niren & Associates Helped

The Client was issued a new E-2 for a five-year period and is currently in the US operating his business.

About Fadi Minawi

Fadi primarily practices in US Immigration Law. He assists with matters relating to business immigration (including: relocation, expansion, investments, and work visas), litigation, admissibility issues, customs forfeitures and other cross-border issues. Fadi is also a criminal defense attorney and can assist with criminal matters in the US. Read more

  • Dionne Clarke

    I have been deported from the United States in 1998 and is considering to vist my 3 daughters grandchindren aswell as my sister who are all citizen there.

    I have no criminal record and was deported for living in the country illegally for over 10 years .

    The officer at the time of deportation told me that I was ban from entering the country for 20 years.
    I am now currently living in the UK and is applying for my citizenship here and would like to vist my children next year as one of my daughter will be renewing her wedding vows.

    Can you please in from me what measures I will need to take to enter.

    King Regards

    • Muga Rajbhandari

      Hello Dionne. Thank you for writing to us. Being away from family is never easy. It may be possible that you can obtain a waiver to allow you temporary permission to enter the US. We would need to know a lot more about your situation. I am going to suggest that you contact us to make an appointment to talk with one of our immigration professionals who will be able to plan the best strategy for you. You can book an appointment by calling us at 1-855-886-8472 or online at http://goo.gl/JFZqPm
      Regards, Muga

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