Regarding the EB-5 green card application, I have a non-violent C felony. I have received an evaluation from my lawyer indicating that I am admissible to the U.S. since it is not considered a Crime Involving Moral Turpitude (CIMT). However, the lawyer also noted that, because the offense occurred recently in 2022, there may be a discretionary factor involved, as green card applications are subject to discretion. I would like to ask if my green card application could be denied due to having a C felony on my record, even if it is expunged after several years.
Answers
Lynne Feldman
Immigration Attorneys DirectoryYes, USCIS does have the discretion to deny. You may want to consider including countervailing good moral character evidence.
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