Background checks are becoming more commonplace and reveal information that may prevent individuals from obtaining employment, attending a college or university, and even renting an apartment or house. While background checks do discover relevant information that may deem a person unfit or unqualified for a particular job, there are certainly individuals out there who have one small blemish that does not accurately represent the person’s ability to contribute to the workforce, go to school, or to obtain housing. Background checks are prevalent enough for United States citizens and lawful permanent residents, but may be even more intrusive for individuals seeking entry into the United States by means of non-immigrant status, such as obtaining an E-2 Treaty Investor Visa.
What if I Have a Prior Criminal Conviction?
As with all government applications, if you have prior criminal convictions, you need to disclose this information on you E-2 Treaty Investor Visa application. You will also have to provide documentation from the court in question that states what the conviction is. An E-2 visa applicant’s prior criminal record will not necessarily preclude the individual from obtaining the visa. The nature of the crime will play a large role in determining whether or not an application should be approved or denied.
For example, if there is a prior drug conviction that amounted to nothing more than possession of a small amount of an illegal substance, this may not be grounds in itself for denial of an E-2 visa application. On the other hand, if there is a prior conviction of money laundering, embezzlement, or fraud, this may alert the United States that you have the potential for committing the same or similar crimes in the United States after investing in an enterprise. Therefore, it is extremely important to fully understand the ramifications of applying for an E-2 visa and be aware that any and all background information may be discoverable after you have applied for the E-2 visa.
If you are concerned that a prior criminal conviction will prevent you from obtaining non-immigrant status through an E-2 visa, the most important thing you can do is be truthful and fully explain why the prior criminal conviction happened, and how that conviction will not affect your ability to contribute to the United States economy by way of investment and job creation. If you do not disclose a prior criminal conviction, no matter how small it may be, this could reveal a lack of honestly and credibility, two key characteristics that are necessary to adequately invest in a United States business and lawfully participate in the success of the business. If you are in doubt as to whether or not you should disclose certain information, you should speak with an attorney who specializes in immigration law.
Geygan & Geygan, Ltd. Offers a Free Consultation to Discuss Your E-2 Visa Needs
If you are concerned that a background check may reveal information that could be deemed adverse information by the United States, you should speak with an immigration attorney right away before applying for an E-2 Treaty Investor Visa. Because immigration law in the United States is becoming tougher and tougher, the process for entering the United States by any method is extremely difficult. The immigration attorneys of Geygan & Geygan, Ltd. have the experience necessary to help you understand the process of obtaining an E-2 visa and what requirements must be met, including a successful background check screening. To discuss your E-2 visa questions and concerns, contact our office today to schedule your free consultation. We can be reached by calling 513-791-1673.