- What are the protections and guarantees in the Berkeley Regional Center EB-5 projects?
- Can I travel outside the U.S. after I receive my permanent residency?
- How many family members can immigrate through EB-5 investment?
- Is approval of my application for U.S. Citizenship after 5 years guaranteed?
- Is EB-5 a passive investment?
- How Long Should an EB-5 Investor Remain in the United States Each Year?
- If an investor has EB-5 visa and conditional green card, does he/she need to stay in the US for a minimum number of days in the first 2 years in order to gain a permanent green card? How about his/her dependents?
- What is a reentry permit?
- Can Adopted Children immigrate with me on EB-5?
- Accredited Investor
- For EB-5, What is Considered a Commercial Enterprise?
- Are there any nationality restrictions for EB-5 applicants?
- USCIS requires EB-5 investments to be “At-Risk”, so how do your projects have guarantees?
- What are the Investment Requirements for EB-5?
- Can an Investor Apply if They Have Been Rejected or Terminated in the Past by USCIS for a Previous Visa?
- May two or more investors qualify for immigration based upon a pooled investment in a single business?
- What is the I-526 Petition?
- There is a background check required for EB-5 investment, what information is USCIS concerned with?
- What Can Disqualify an Investor from Participating in the EB-5 Program?
- What is an EB-5 I-526 Petition?
- What is an I-829 Petition?
- What is a I-485 Petition
- What are the various forms and petitions for EB-5 investments?
- Targeted Employment Area
Source of Funds
- Can a Loan Be Used to Supplement My EB-5 Capital Investment?
- Can I use a Bank Loan?
- What documents need to be translated when filing the I-526 petition?
- Can I Use a Gift as My Source of Funds?
- Who can gift me funds for my $500,000 investment?
- Can I Use 401(k) funds for EB-5 Investment?
- What is the Source of Funds report?
- 5 Things EB-5 Investors Can Do Preparing for Their Source of Funds Report
- Partial Payments
- Job Creation
- Regional Center
- EB-2 / EB-3
What Can Disqualify an Investor from Participating in the EB-5 Program?
Disqualification for EB-5
There are very few disqualifying or exclusionary events under the law. A criminal record involving crimes of moral turpitude is disqualifying unless it can be proven that the crime was political in nature or occurred over 20 years prior to the application. Note: Moral turpitude is a legal concept in the United States that refers to “conduct that is considered contrary to community standards of justice, honesty or good morals”. A conviction for a crime involving moral turpitude (CIMT) causes a person to be inadmissible to the United States under section 212(a)(2)(a)(i) of the INA (Immigration and Nationality Act). The presence of moral turpitude is determined by the nature of the statutory offense for which the alien was convicted, and not by the acts underlying the conviction. A conviction for a statutory offense will involve moral turpitude if one or more of the elements of that offense have been determined to involve moral turpitude. The most common elements involving moral turpitude are:
- Larceny; and
- Intent to harm persons or things.
The concept of “moral turpitude” does not have a precise definition, but it has been described as an “act of baseness, vileness, or depravity in the private and social duties which a man owes to his fellowmen, or to society in general, contrary to the accepted and customary rule of right and duty between man and man.
Specific offenses that the U.S. government and courts have determined to be CIMT
- animal fighting
- involuntary manslaughter, in some cases
- fraud, and
- conspiracy, attempt, or acting as an accessory to a crime if that crime involved moral turpitude
- spousal abuse
- child abuse
- voluntary manslaughter
- aggravated assault
A few major medical problems might also exclude an applicant, but typically this can be avoided if it can be proven that the applicant will be supported by themselves or others and therefore avoid being a recipient of government medical assistance. Applicants should seek the advice of their legal counsel to determine what waivers may be available for eligibility.