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.
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