The EB-5 Immigrant Investor Program offers a path to U.S. permanent residency for individuals who make a qualifying investment and create jobs. However, the program requires a detailed background check and certain criminal records can raise serious concerns. While not all past offenses automatically disqualify a person, they can significantly impact the application process.
One of the most important factors in this review is whether the applicant’s criminal history involves acts considered morally or legally unacceptable under U.S. immigration standards. The presence of these offenses often prompts further investigation and may require additional documentation or waivers.
What are crimes involving moral turpitude?
United States immigration law does not list every offense that falls under this category, but courts generally define crimes involving moral turpitude as those that reflect dishonesty, fraud or harm to others. These crimes can serve as a barrier to obtaining an EB-5 visa.
- Fraud and theft offenses: Crimes involving deception, such as wire fraud, tax evasion or identity theft, are viewed as serious violations of moral standards. These offenses reflect an intent to deceive, which may undermine the applicant’s credibility.
- Violent crimes and assault: Acts of physical violence, including assault and domestic battery, are often considered morally reprehensible. Even if the sentence was brief, these offenses may trigger concerns about the applicant’s risk to public safety.
- Drug-related convictions: Drug trafficking, possession with intent to distribute or repeated drug offenses are viewed harshly under immigration law. Such offenses may impact admissibility unless a waiver is obtained.
- Crimes against family or minors: Offenses involving abuse, neglect or exploitation of a spouse, child or vulnerable person reflect negatively on moral character and often lead to denial unless compelling rehabilitation evidence is shown.
Applicants with criminal histories may still move forward in the EB-5 process by applying for waivers or presenting strong documentation of rehabilitation. Legal guidance can be helpful when evaluating visa eligibility and preparing a complete and accurate application.
