QUESTION
Is it possible to get an E2 treaty investor visa with prior criminal convictions?
Asked on Nov 13th, 2011 on Immigration - New York
More details to this question:
I was deported in 2004 due to criminal convictions. Earlier this year I was given a one-year multiple entry visa. I am wondering if I could get a E2 treaty investor visa with my prior criminal history and deportation.
4 ANSWERS
The 212(d)(3) non-immigrant waiver allows most grounds of inadmissibility to be waived. If you have already been granted "a one-year multiple entry" visa, which I assume is a B-1/B-2, the Consular Officer must have granted you the 212(d)(3) waiver. This is a waiver that does not carry over to new applications, whether for a new B-1/B-2 visa in the future or for another type of non-immigrant visa, so if you apply for an E-2 visa at the Consulate you will have to apply for the 212(d)(3) waiver again, but the fact that it was apparently granted before should help a great deal.
Answered on Nov 15th, 2011 at 6:32 PM
LCA Audits and Investigations Attorney serving Houston, TX
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Fong Ilagan
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If you have been granted the waiver for the visitor visa; you should be eligible for the E-2 visa with the same grounds for the waiver. You did disclose the previous deportation and the criminal convictions in your waiver and visa application.
Answered on Nov 15th, 2011 at 10:59 AM
2 Awards
If they gave you a visitor visa, why not try an investor one. The worst case scenario is they say no.
Answered on Nov 15th, 2011 at 1:30 AM
Criminal Defense Attorney serving New York, NY
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Law Offices of Nicklaus Misiti, PLLC
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It depends upon what your record is. I would recommend speaking directly with an immigration attorney.
Answered on Nov 14th, 2011 at 5:45 PM